Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-19

Of Paris on the United States, now to be
| assumed and undertaken by the govern
4 ment or Cuba 1t follows from this article
| that the United States possesses the con-
| stitutional right to intervene in the affairs
| OF Cuba for certain clear and well-defned
purposes. and that the government estab-
nSned by such Intervention Is the govern
ment prescribed and therefore recognized
| by the constitution of Cuba. Gov. Magoon
appointed by the United States governor OF
Cuba, to effectuate these specified pur-
poses, Is the Cuban constitutional execu-
| tive.
'In the next place the act Of the President
| of the United States in intervening and ap-
pointing Magoon governor. is not only con-
stitutional according to the Cuban constftu-
| ton, but 1t is lawful according to the laws OF
| the United States. because an act of the
Congress Of the United States approved
March 2. 1901. commonly known as the
Plat amendment. recognized and stated
| this right of the United States to intervene
| in the exact language of annex III Of the
| Cuban constitution, already set forth AS
matter of fact and Of history, this clause OF
| the Cuban constitution was the exact Ian
| guage of the act of Congress of March 2.
| 1901, and 1t Incorporated bodily into
| the Cuban constitution.
| Nor does the lawfulness OF the trans
action stop here. for In the treaty between
| the United States and Cuba concluded May
| %. 1903. ratified by the President June Is.
1904; Publications exchanged July l. lSO%.
| and proclaimed July 2. 1904. the language
| of the act of Congress of March Z, lsoi'
| ton, appears In the exact words or the
| law and the Constitution in article three OF
! the treaty Creates in Force, 1904. p. oo4).
| The lawfulness Of the Intervention appears
| from two laws Of the United States the act
of Congress and the treaty. and as the
| President shall take care that the laws
be faithfully executed Constitution, Art:
| II. Sec lid. 1t follows that the President
| was not only permitted. but by the Con-
stitution and his oath the duty was I'm
posed upon him to intervene In obedience
! to the laws with whose execution ne WAS
charged.
| The Government Of Cuba.
1.-THE act of the President in intervening
| and appointing a provisional governor ana
government was not only constitutional ac-
| cording to the constitution OF CUBA. Out
was lawful according to the laws Of the
United States and the provisional govern
ment established and now existing in Cuba
| in pursuance of the Cuban constitution Is
the constitutional government Of Cuba. 1t
| ia therefore, the government of Cuba; 1t Is
| not the government In any sense or the
| United States. 1t follows, therefore, tnat
| Cuba is In possession Of Its own govern
| ment and Is not occupied by the United
| States.
"Such is the theory Of the intervention
| and such Is the actual status. This re-
public of Cuba exists as separate ana IN
| dependent International entity; Its dipio-
| matte ministers and consuls remain under
the provisional government; foreign min
| listers and consuls remain in Cuba as under
the administration of Palma, and exercise
| their ordinary and legitimate functions. as
| IL no change had occurred. The American
| minister remains in Havana to represent
the interests of the United states ana 10
| serve as the intermediary between the pro-
| yisional government OF Cuba and the
| United States.
1.-The personnel OF the government mas
| changed; the constitutional administration
| of Palma has been succeeded by the no
| less constitutional government of Magoon
and the Cuban republic is intact.