AN ACT declaring that war exists between the United States of America and the Kingdom of Spain.
AN ACT declaring that war exists between the United States of America and the Kingdom of Spain.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, First. That war be, and the same is hereby, declared to exist, and that war has existed since the 21st day of April, A.D. 1898, including said day, between the United States of America and the Kingdom of Spain.
Second. That the President of the United States be, and he hereby is, directed and empowered to use the entire land and naval forces of the United States and to call into the actual service of the United States the militia of the several States to such extent as may be necessary to carry this act into effect.
Approved, April 25, 1898.
EXECUTIVE MANSION,Washington, February 10, 1899.
To the Senate and House of Representatives:
As a consequence of the ratification of the treaty of peace between the United States and Spain and its expected ratification by the Spanish Government, the United States will come into possession of the Philippine Islands, on the farther shores of the Pacific. The Hawaiian Islands and Guam becoming United States territory and forming convenient stopping places on the way across the sea, the necessity for speedy cable communication between the United States and all these Pacific islands has become imperative.
Such communication should be established in such a way as to be wholly under the control of the United States, whether in time of peace or of war. At present the Philippines can be reached only by cables which pass through many foreign countries, and the Hawaiian Islands and Guam can only be communicated with by steamers, involving delays in each instance of at least a week. The present conditions should not be allowed to continue for a moment longer than is absolutely necessary.
So long ago as 1885 reference was made in an Executive message to Congress to the necessity for cable communication between the United States and Hawaii. This necessity has greatly increased since then. The question has been discussed in the Fifty-second, Fifty-fourth, and Fifty-fifth Congresses, in each of which some effort has been made looking toward laying a cable at least as far as the Hawaiian Islands. The time has now arrived when a cable in the Pacific must extend at least as far as Manila, touching at the Hawaiian Islands and Guam on the way.
Two methods of establishing this cable communication at once suggest themselves: First, construction and maintenance of such a cable by and at the expense of the United States Government, and, second, construction and maintenance of such a cable by a private United States corporation, under such safeguards as Congress shall impose.
I do not make any recommendations to Congress as to which of these methods would be the more desirable. A cable of the length of that proposed requires so much time for construction and laying that it is estimated that at least two years must elapse after giving the order for the cable before the entire system could be successfully laid and put in operation. Further deep-sea soundings must be taken west of the Hawaiian Islands before the final route for the cable can be selected. Under these circumstances it becomes a paramount necessity that measures should be taken before the close of the present Congress to provide such means as may seem most suitable for the establishment of a cable system.
I commend the whole subject to the careful consideration of the Congress and to such prompt action as may seem advisable.
WILLIAM McKINLEY.
Whereas by a joint resolution passed by the Congress and approved April 20, 1898,24and communicated to the Government of Spain, it was demanded that said Government at once relinquish its authority and government in the island of Cuba and withdraw its land and naval forces from Cuba and Cuban waters, and the President of the United States was directed and empowered to use the entire land and naval forces of the United States and to call into the actual service of the United States the militia of the several States to such extent as might be necessary to carry said resolution into effect; and
Whereas in carrying into effect said resolution the President of the United States deems it necessary to set on foot and maintain a blockade of the north coast of Cuba, including all ports on said coast between Cardenas and Bahia Honda, and the port of Cienfuegos, on the south coast of Cuba:
Now, therefore, I, William McKinley, President of the United States, in order to enforce the said resolution, do hereby declare and proclaim that the United States of America have instituted and will maintain a blockade of the north coast of Cuba, including ports on said coast between Cardenas and Bahia Honda, and the port of Cienfuegos, on the south coast of Cuba, aforesaid, in pursuance of the laws of the United States and the law of nations applicable to such cases. An efficient force will be posted so as to prevent the entrance and exit of vessels from the ports aforesaid. Any neutral vessel approaching any of said ports or attempting to leave the same without notice or knowledge of the establishment of such blockade will be duly warned by the commander of the blockading forces, who will indorse on her register the fact and the date of such warning, where such indorsement was made; and if the same vessel shall again attempt to enter any blockaded port she will be captured and sent to the nearest convenient port for such proceedings against her and her cargo as prize as may be deemed advisable.
Neutral vessels lying in any of said ports at the time of the establishment of such blockade will be allowed thirty days to issue therefrom. In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 22d day of April, A.D. 1898, and of the Independence of the United States the one hundred and twenty-second.
WILLIAM McKINLEY.
By the President:JOHN SHERMAN,Secretary of State.
Whereas a joint resolution of Congress was approved on the 20th day of April, 1898,25entitled "Joint resolution for the recognition of the independence of the people of Cuba, demanding that the Government of Spain relinquish its authority and government in the island of Cuba and to withdraw its land and naval forces from Cuba and Cuban waters, and directing the President of the United States to use the land and naval forces of the United States to carry these resolutions into effect;" and
Whereas by an act of Congress entitled "An act to provide for temporarily increasing the military establishment of the United States in time of war, and for other purposes," approved April 22, 1898, the President is authorized, in order to raise a volunteer army, to issue his proclamation calling for volunteers to serve in the Army of the United States:
Now, therefore, I, William McKinley, President of the United States, by virtue of the power vested in me by the Constitution and the laws, and deeming sufficient occasion to exist, have thought fit to call forth, and hereby do call forth, volunteers to the aggregate number of 125,000 in order to carry into effect the purpose of the said resolution, the same to be apportioned, as far as practicable, among the several States and Territories and the District of Columbia according to population and to serve for two years unless sooner discharged. The details for this object will be immediately communicated to the proper authorities through the War Department.
In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 23d day of April, A.D. 1898, and of the Independence of the United States the one hundred and twenty-second.
WILLIAM McKINLEY.
By the President:JOHN SHERMAN,Secretary of State.
Whereas by an act of Congress approved April 25, 1898,26it is declared that war exists and that war has existed since the 21st day of April, A.D. 1898, including said day, between the United States of America and the Kingdom of Spain; and
Whereas, it being desirable that such war should be conducted upon principles in harmony with the present views of nations and sanctioned by their recent practice, it has already been announced that the policy of this Government will be not to resort to privateering, but to adhere to the rules of the Declaration of Paris:
Now, therefore, I, William McKinley, President of the United States of America, by virtue of the power vested in me by the Constitution and the laws, do hereby declare and proclaim:
1. The neutral flag covers enemy's goods with the exception of contraband of war.
2. Neutral goods not contraband of war are not liable to confiscation under the enemy's flag.
3. Blockades in order to be binding must be effective.
4. Spanish merchant vessels in any ports or places within the United States shall be allowed till May 21, 1898, inclusive, for loading their cargoes and departing from such ports or places; and such Spanish merchant vessels, if met at sea by any United States ship, shall be permitted to continue their voyage if on examination of their papers it shall appear that their cargoes were taken on board before the expiration of the above term:Provided, That nothing herein contained shall apply to Spanish vessels having on board any officer in the military or naval service of the enemy, or any coal (except such as may be necessary for their voyage), or any other article prohibited or contraband of war, or any dispatch of or to the Spanish Government.
5. Any Spanish merchant vessel which prior to April 21, 1898, shall have sailed from any foreign port bound for any port or place in the United States shall be permitted to enter such port or place and to discharge her cargo, and afterwards forthwith to depart without molestation; and any such vessel, if met at sea by any United States ship, shall be permitted to continue her voyage to any port not blockaded.
6. The right of search is to be exercised with strict regard for the rights of neutrals, and the voyages of mail steamers are not to be interfered with except on the clearest grounds of suspicion of a violation of law in respect of contraband or blockade.
In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
[SEAL.]
Done at the city of Washington on the 26th day of April, A.D. 1898, and of the Independence of the United States the one hundred and twenty-second.
WILLIAM McKINLEY.
By the President:ALVEY A. ADEE,Acting Secretary of State.
Whereas an act of Congress was approved on the 25th day of April, 1898,27entitled "An act declaring that war exists between the United States of America and the Kingdom of Spain;" and
Whereas by an act of Congress entitled "An act to provide for temporarily increasing the military establishment of the United States in time of war and for other purposes," approved April 22, 1898, the President is authorized, in order to raise a volunteer army, to issue his proclamation calling for volunteers to serve in the Army of the United States:
Now, therefore, I, William McKinley, President of the United States, by virtue of the power vested in me by the Constitution and the laws, and deeming sufficient occasion to exist, have thought fit to call forth, and hereby do call forth, volunteers to the aggregate number of 75,000 in addition to the volunteers called forth by my proclamation of the 23d of April, in the present year,28the same to be apportioned, as far as practicable, among the several States and Territories and the District of Columbia according to population and to serve for two years unless sooner discharged. The proportion of each arm and the details of enlistment and organization will be made known through the War Department. In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 25th day of May, A.D. 1898, and of the Independence of the United States the one hundred and twenty-second.
WILLIAM McKINLEY.
By the President:WILLIAM R. DAY,Secretary of State.
Whereas, for the reasons set forth in my proclamation of April 22, 1898,29a blockade of the ports on the northern coast of Cuba from Cardenas to Bahia Honda, inclusive, and of the port of Cienfuegos, on the south coast of Cuba, was declared to have been instituted; and
Whereas it has become desirable to extend the blockade to other Spanish ports:
Now, therefore, I, William McKinley, President of the United States, do hereby declare and proclaim that in addition to the blockade of the ports specified in my proclamation of April 22, 1898, the United States of America has instituted and will maintain an effective blockade of all the ports on the south coast of Cuba from Cape Frances to Cape Cruz, inclusive, and also of the port of San Juan, in the island of Puerto Rico.
Neutral vessels lying in any of the ports to which the blockade is by the present proclamation extended will be allowed thirty days to issue therefrom with cargo.
In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 27th day of June, A.D. 1898, and of the Independence of the United States the one hundred and twenty-second.
WILLIAM McKINLEY.
By the President:J.B. MOORE,Acting Secretary of State.
Whereas by a protocol concluded and signed August 12, 189830by William R. Day, Secretary of State of the United States, and His Excellency Jules Cambon, ambassador extraordinary and plenipotentiary of the Republic of France at Washington, respectively representing for this purpose the Government of the United States and the Government of Spain, the United States and Spain have formally agreed upon the terms on which negotiations for the establishment of peace between the two countries shall be undertaken; and
Whereas it is in said protocol agreed that upon its conclusion and signature hostilities between the two countries shall be suspended and that notice to that effect shall be given as soon as possible by each Government to the commanders of its military and naval forces:
Now, therefore, I, William McKinley, President of the United States, do, in accordance with the stipulations of the protocol, declare and proclaim on the part of the United States a suspension of hostilities and do hereby command that orders be immediately given through the proper channels to the commanders of the military and naval forces of the United States to abstain from all acts inconsistent with this proclamation.
In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 12th day of August, A.D. 1898, and of the Independence of the United States the one hundred and twenty-third.
WILLIAM McKINLEY.
By the President:WILLIAM R. DAY,Secretary of State.
The approaching November brings to mind the custom of our ancestors, hallowed by time and rooted in our most sacred traditions, of giving thanks to Almighty God for all the blessings He has vouchsafed to us during the year.
Few years in our history have afforded such cause for thanksgiving as this. We have been blessed by abundant harvests; our trade and commerce have wonderfully increased; our public credit has been improved and strengthened; all sections of our common country have been brought together and knitted into closer bonds of national purpose and unity.
The skies have been for a time darkened by the cloud of war, but as we were compelled to take up the sword in the cause of humanity we are permitted to rejoice that the conflict has been of brief duration and the losses we have had to mourn, though grievous and important, have been so few, considering the great results accomplished, as to inspire us with gratitude and praise to the Lord of Hosts. We may laud and magnify His holy name that the cessation of hostilities came so soon as to spare both sides the countless sorrows and disasters that attend protracted war.
I do therefore invite all my fellow-citizens, as well those who may be at sea or sojourning in foreign lands as those at home, to set apart and observe Thursday, the 24th day of November, as a day of national thanksgiving, to come together in their several places of worship for a service of praise and thanks to Almighty God for all the blessings of the year, for the mildness of the seasons and the fruitfulness of the soil, for the continued prosperity of the people, for the devotion and valor of our countrymen, for the glory of our victory and the hope of a righteous peace, and to pray that the divine guidance which has brought us heretofore to safety and honor may be graciously continued in the years to come.
In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 28th day of October, A.D. 1898, and of the Independence of the United States the one hundred and twenty-third.
WILLIAM McKINLEY.
By the President:JOHN HAY,Secretary of State.
EXECUTIVE MANSION,Washington, May 7, 1898.
DEWEY,Care American Consul, Hongkong:
The President, in the name of the American people, thanks you and your officers and men for your splendid achievement and overwhelming victory.
In recognition he has appointed you acting rear-admiral and will recommend a vote of thanks to you by Congress as a foundation for further promotion.
LONG.
EXECUTIVE MANSION,Washington, May 19, 1898.
The SECRETARY OF WAR.
SIR: The destruction of the Spanish fleet at Manila, followed by the taking of the naval station at Cavite, the paroling of the garrisons, and the acquisition of the control of the bay, has rendered it necessary, in the further prosecution of the measures adopted by this Government for the purpose of bringing about an honorable and durable peace with Spain, to send an army of occupation to the Philippines for the twofold purpose of completing the reduction of the Spanish power in that quarter and of giving order and security to the islands while in the possession of the United States. For the command of this expedition I have designated Major-General Wesley Merritt, and it now becomes my duty to give instructions as to the manner in which the movement shall be conducted.
The first effect of the military occupation of the enemy's territory is the severance of the former political relations of the inhabitants and the establishment of a new political power. Under this changed condition of things the inhabitants, so long as they perform their duties, are entitled to security in their persons and property and in all their private rights and relations. It is my desire that the people of the Philippines should be acquainted with the purpose of the United States to discharge to the fullest extent its obligations in this regard. It will therefore be the duty of the commander of the expedition, immediately upon his arrival in the islands, to publish a proclamation declaring that we come not to make war upon the people of the Philippines, nor upon any party or faction among them, but to protect them in their homes, in their employments, and in their personal and religious rights. All persons who, either by active aid or by honest submission, cooperate with the United States in its efforts to give effect to this beneficent purpose will receive the reward of its support and protection. Our occupation should be as free from severity as possible.
Though the powers of the military occupant are absolute and supreme and immediately operate upon the political condition of the inhabitants, the municipal laws of the conquered territory, such as affect private rights of person and property and provide for the punishment of crime, are considered as continuing in force, so far as they are compatible with the new order of things, until they are suspended or superseded by the occupying belligerent; and in practice they are not usually abrogated, but are allowed to remain in force and to be administered by the ordinary tribunals substantially as they were before the occupation. This enlightened practice is, so far as possible, to be adhered to on the present occasion. The judges and the other officials connected with the administration of justice may, if they accept the authority of the United States, continue to administer the ordinary law of the land as between man and man under the supervision of the American commander in chief. The native constabulary will, so far as may be practicable, be preserved. The freedom of the people to pursue their accustomed occupations will be abridged only when it may be necessary to do so.
While the rule of conduct of the American commander in chief will be such as has just been defined, it will be his duty to adopt measures of a different kind if, unfortunately, the course of the people should render such measures indispensable to the maintenance of law and order. He will then possess the power to replace or expel the native officials in part or altogether, to substitute new courts of his own constitution for those that now exist, or to create such new or supplementary tribunals as may be necessary. In the exercise of these high powers the commander must be guided by his judgment and his experience and a high sense of justice.
One of the most important and most practical problems with which the commander of the expedition will have to deal is that of the treatment of property and the collection and administration of the revenues. It is conceded that all public funds and securities belonging to the government of the country in its own right and all arms and supplies and other movable property of such government may be seized by the military occupant and converted to the use of this Government. The real property of the state he may hold and administer, at the same time enjoying the revenues thereof; but he is not to destroy it save in the case of military necessity. All public means of transportation, such as telegraph lines, cables, railways, and boats belonging to the state may be appropriated to his use, but unless in case of military necessity they are not to be destroyed. All churches and buildings devoted to religious worship and to the arts and sciences, all schoolhouses, are, so far as possible, to be protected, and all destruction or intentional defacement of such places, of historical monuments or archives, or of works of science or art is prohibited save when required by urgent military necessity.
Private property, whether belonging to individuals or corporations, is to be respected, and can be confiscated only as hereafter indicated. Means of transportation, such as telegraph lines and cables, railways, and boats, may, although they belong to private individuals or corporations, be seized by the military occupant, but unless destroyed under military necessity are not to be retained.
While it is held to be the right of a conqueror to levy contributions upon the enemy in their seaports, towns, or provinces which may be in his military possession by conquest, and to apply the proceeds to defray the expenses of the war, this right is to be exercised within such limitations that it may not savor of confiscation. As the result of military occupation the taxes and duties payable by the inhabitants to the former government become payable to the military occupant, unless he sees fit to substitute for them other rates or modes of contribution to the expenses of the government. The moneys so collected are to be used for the purpose of paying the expenses of government under the military occupation, such as the salaries of the judges and the police, and for the payment of the expenses of the army.
Private property taken for the use of the army is to be paid for when possible in cash at a fair valuation, and when payment in cash is not possible receipts are to be given.
In order that there may be no conflict of authority between the army and the navy in the administration of affairs in the Philippines, you are instructed to confer with the Secretary of the Navy so far as necessary for the purpose of devising measures to secure the harmonious action of those, two branches of the public service.
I will give instructions to the Secretary of the Treasury to make a report to me upon the subject of the revenues of the Philippines, with a view to the formulation of such revenue measures as may seem expedient. All ports and places in the Philippines which may be in the actual possession of our land and naval forces will be opened, while our military occupation may continue, to the commerce of all neutral nations, as well as our own, in articles not contraband of war, and upon payment of the prescribed rates of duty which may be in force at the time of the importation.
WILLIAM McKINLEY.
EXECUTIVE MANSION,Washington, May 19, 1898.
The SECRETARY OF THE TREASURY.
SIR: The destruction of the Spanish fleet at Manila, followed by the taking of the naval station at Cavite, the paroling of the garrisons, and the acquisition of the control of the bay, has rendered it necessary, in the further prosecution of the measures adopted by this Government for the purpose of bringing about an honorable and durable peace with Spain, to send an army of occupation to the Philippines for the twofold purpose of completing the reduction of the Spanish power in that quarter and of giving to the islands order and security while in the possession of the United States. For the command of this expedition I have designated Major-General Wesley Merritt, and it now becomes my duty to give instructions as to the manner in which the movement shall be conducted.
It is held to be the right to levy contributions upon the enemy in all places which may be in military possession by conquest, and to apply the proceeds to defray the cost of the war, including the expenses of government during the military occupation. It is desirable, however, and in accordance with the views of modern civilization, to confine the exercise of this power, so far as possible, to the collection of such contributions as are equivalent to the duties and taxes already established in the territory. I have determined to order that all ports or places in the Philippines which may be in the actual possession of our land and naval forces by conquest shall be opened, while our military occupation may continue, to the commerce of all neutral nations, as well as our own, in articles not contraband of war, upon payment of the rates of duty which may be in force at the time when the goods are imported. In the execution of this policy it may be advisable to substitute new rates of duty and new taxes for those now levied in the Philippines. You are therefore instructed to examine the existing Spanish laws in relation to duties and taxes, and to report to me such recommendations as you may deem it proper to make with respect either to the rates of duties and taxes or to the regulations which should be adopted for their imposition and collection.
As the levy of all contributions in territory occupied by a belligerent is a military right derived from the law of nations, the collection and distribution of duties and taxes in the Philippines during the military occupation of the United States will be made, under the orders of the Secretary of War and the Secretary of the Navy, by the military or naval commanders, as the case may be, of the ports or places which may be in the possession of our forces. Your report is desired in order that I may be able to give the proper directions to the Department of War and of the Navy.
WILLIAM McKINLEY.
EXECUTIVE MANSION,Washington, May 19, 1898.
The SECRETARY OF THE NAVY.
SIR: The destruction of the Spanish fleet at Manila, followed by the taking of the naval station at Cavite, the paroling of the garrisons, and the acquisition of the control of the bay, has rendered it necessary, in the further prosecution of the measures adopted by this Government for the purpose of bringing about an honorable and durable peace with Spain, to send an army of occupation to the Philippines for the twofold purpose of completing the reduction of the Spanish power in that quarter and of giving to the islands order and security while in the possession of the United States. For the command of this expedition I have designated Major-General Wesley Merritt, and it now becomes my duty to give instructions as to the manner in which the movement shall be conducted.
I inclose herewith a copy of an order which I have this day addressed to the Secretary of War, setting forth the principles on which the occupation of the Philippines is to be carried out.31You are instructed to confer with the Secretary of War in order that measures may be devised by which any conflict of authority between the officers of our army and navy in the Philippines may be avoided.
I have given instructions to the Secretary of the Treasury to examine the subject of the duties and taxes imposed by Spain in the Philippines and to report to me any recommendations which he may deem it proper to make in regard to the revenues of the islands.32I have informed him, however, that the collection and disbursement of the duties and taxes collected there will, as a measure of military right derived from the law of nations, be made, under the orders of the Secretary of War and the Secretary of the Navy, by our military or naval commanders, as the case may be, at the ports or places which may be in possession of our forces.
WILLIAM McKINLEY.
EXECUTIVE MANSION,Washington, July 4, 1898.
Admiral SAMPSON,Playa del Este, Cuba:
You have the gratitude and congratulations of the whole American people. Convey to your noble officers and crews, through whose valor new honors have been added to the American Navy, the grateful thanks and appreciation of the nation.
WILLIAM McKINLEY.
EXECUTIVE MANSION,Washington, July 6, 1898.
To the People of the United States of America:
At this time, when to the yet fresh remembrance of the unprecedented success which attended the operations of the United States fleet in the bay of Manila on the 1st day of May last are added the tidings of the no less glorious achievements of the naval and military arms of our beloved country at Santiago de Cuba, it is fitting that we should pause and, staying the feeling of exultation that too naturally attends great deeds wrought by our countrymen in our country's cause, should reverently bow before the throne of divine grace and give devout praise to God, who holdeth the nations in the hollow of His hands and worketh upon them the marvels of His high will, and who has thus far vouchsafed to us the light of His face and led our brave soldiers and seamen to victory.
I therefore ask the people of the United States, upon next assembling for divine worship in their respective places of meeting, to offer thanksgiving to Almighty God, who in His inscrutable ways, now leading our hosts upon the waters to unscathed triumph; now guiding them in a strange land, through the dread shadows of death, to success, even though at a fearful cost; now bearing them, without accident or loss, to far distant climes, has watched over our cause and brought nearer the success of the right and the attainment of just and honorable peace.
With the nation's thanks let there be mingled the nation's prayers that our gallant sons may be shielded from harm alike on the battlefield and in the clash of fleets, and be spared the scourge of suffering and disease while they are striving to uphold their country's honor; and withal let the nation's heart be stilled with holy awe at the thought of the noble men who have perished as heroes die, and be filled with compassionate sympathy for all those who suffer bereavement or endure sickness, wounds, and bonds by reason of the awful struggle. And above all, let us pray with earnest fervor that He, the Dispenser of All Good, may speedily remove from us the untold afflictions of war and bring to our dear land the blessings of restored peace and to all the domain now ravaged by the cruel strife the priceless boon of security and tranquillity.
WILLIAM McKINLEY.
WASHINGTON, D.C.,July 8, 1898.
General SHAFTER,Playa, Cuba:
Telegram which it appears you did not receive read as follows:
The President directs me to say you have the gratitude and thanks of the nation for the brilliant and effective work of your noble army in the fight of July 1. The sturdy valor and heroism of officers and men fill the American people with pride. The country mourns the brave men who fell in battle. They have added new names to our roll of heroes.
R.A. ALGER,Secretary of War.
EXECUTIVE MANSION,Washington, July 13,1898.
The SECRETARY OF WAR.
SIR: The capitulation of the Spanish forces in Santiago de Cuba and in the eastern part of the Province of Santiago, and the occupation of the territory by the forces of the United States, render it necessary to instruct the military commander of the United States as to the conduct which he is to observe during the military occupation.
The first effect of the military occupation of the enemy's territory is the severance of the former political relations of the inhabitants and the establishment of a new political power. Under this changed condition of things the inhabitants, so long as they perform their duties, are entitled to security in their persons and property and in all their private rights and relations. It is my desire that the inhabitants of Cuba should be acquainted with the purpose of the United States to discharge to the fullest extent its obligations in this regard. It will therefore be the duty of the commander of the army of occupation to announce and proclaim in the most public manner that we come not to make war upon the inhabitants of Cuba, nor upon any party or faction among them, but to protect them in their homes, in their employments, and in their personal and religious rights. All persons who, either by active aid or by honest submission, cooperate with the United States in its efforts to give effect to this beneficent purpose will receive the reward of its support and protection. Our occupation should be as free from severity as possible.
Though the powers of the military occupant are absolute and supreme and immediately operate upon the political condition of the inhabitants, the municipal laws of the conquered territory, such as affect private rights of person and property and provide for the punishment of crime, are considered as continuing in force, so far as they are compatible with the new order of things, until they are suspended or superseded by the occupying belligerent; and in practice they are not usually abrogated, but are allowed to remain in force and to be administered by the ordinary tribunals substantially as they were before the occupation. This enlightened practice is, so far as possible, to be adhered to on the present occasion. The judges and the other officials connected with the administration of justice may, if they accept the supremacy of the United States, continue to administer the ordinary law of the land as between man and man under the supervision of the American commander in chief. The native constabulary will, so far as may be practicable, be preserved. The freedom of the people to pursue their accustomed occupations will be abridged only when it may be necessary to do so.
While the rule of conduct of the American commander in chief will be such as has just been defined, it will be his duty to adopt measures of a different kind if, unfortunately, the course of the people should render such measures indispensable to the maintenance of law and order. He will then possess the power to replace or expel the native officials in part or altogether, to substitute new courts of his own constitution for those that now exist, or to create such new or supplementary tribunals as may be necessary. In the exercise of these high powers the commander must be guided by his judgment and his experience and a high sense of justice.
One of the most important and most practical problems with which it will be necessary to deal is that of the treatment of property and the collection and administration of the revenues. It is conceded that all public funds and securities belonging to the government of the country in its own right and all arms and supplies and other movable property of such government may be seized by the military occupant and converted to his own use. The real property of the state he may hold and administer, at the same time enjoying the revenues thereof; but he is not to destroy it save in the case of military necessity. All public means of transportation, such as telegraph lines, cables, railways, and boats, belonging to the state may be appropriated to his use, but unless in case of military necessity they are not to be destroyed. All churches and buildings devoted to religious worship and to the arts and sciences, all schoolhouses, are, so far as possible, to be protected, and all destruction or intentional defacement of such places, of historical monuments or archives, or of works of science or art is prohibited save when required by urgent military necessity.
Private property, whether belonging to individuals or corporations, is to be respected, and can be confiscated only for cause. Means of transportation, such as telegraph lines and cables, railways, and boats, may, although they belong to private individuals or corporations, be seized by the military occupant, but unless destroyed under military necessity are not to be retained.
While it is held to be the right of the conqueror to levy contributions upon the enemy in their seaports, towns, or provinces which may be in his military possession by conquest, and to apply the proceeds to defray the expenses of the war, this right is to be exercised within such limitations that it may not savor of confiscation. As the result of military occupation the taxes and duties payable by the inhabitants to the former government become payable to the military occupant, unless he sees fit to substitute for them other rates or modes of contribution to the expenses of the government. The moneys so collected are to be used for the purpose of paying the expenses of government under the military occupation, such as the salaries of the judges and the police, and for the payment of the expenses of the army.
Private property taken for the use of the army is to be paid for when possible in cash at a fair valuation, and when payment in cash is not possible receipts are to be given.
All ports and places in Cuba which may be in the actual possession of our land and naval forces will be opened to the commerce of all neutral nations, as well as our own, in articles not contraband of war, upon payment of the prescribed rates of duty which may be in force at the time of the importation.
WILLIAM McKINLEY.
WASHINGTON, D.C.,July 16, 1898.
General SHAFTER,Commanding United States Forces, Santiago, Playa:
The President of the United States sends to you and your brave army the profound thanks of the American people for the brilliant achievements at Santiago, resulting in the surrender of the city and all of the Spanish troops and territory under General Toral. Your splendid command has endured not only the hardships and sacrifices incident to campaign and battle, but in stress of heat and weather has triumphed over obstacles which would have overcome men less brave and determined. One and all have displayed the most conspicuous gallantry and earned the gratitude of the nation. The hearts of the people turn with tender sympathy to the sick and wounded. May the Father of Mercies protect and comfort them.
WILLIAM McKINLEY.
EXECUTIVE MANSION,Washington, July 21, 1898.
In view of the occupation of Santiago de Cuba by the forces of the United States, it is ordered that postal communication between the United States and that port, which has been suspended since the opening of hostilities with Spain, may be resumed, subject to such military regulations as may be deemed necessary.
As other portions of the enemy's territory come into the possession of the land and naval forces of the United States, postal communication may be opened under the same conditions.
The domestic postal service within the territory thus occupied may be continued on the same principles already indicated for the continuance of the local municipal and judicial administration, and it maybe extended as the local requirements may justify, under the supervision of the military commander.
The revenues derived from such service are to be applied to the expenses of conducting it, and the United States postage stamps are therefore to be used.
The Postmaster-General is charged with the execution of this order in cooperation with the military commander, to whom the Secretary of War will issue the necessary directions.
WILLIAM McKINLEY.
EXECUTIVE MANSION,Washington, August 6, 1898.
Ordered, That the graves of our soldiers at Santiago shall be permanently marked. The present marking will last but a short time, and before its effacement occurs suitable and permanent markers should be put up.
The Secretary of War is charged with the execution of this order.
WILLIAM McKINLEY.
ADJUTANT-GENERAL'S OFFICE,Washington, August 17, 1898.
Major-General MERRITT,Manila, Philippines:
The President directs that there must be no joint occupation with the insurgents. The United States, in the possession of Manila City, Manila Bay and Harbor, must preserve the peace and protect persons and property within the territory occupied by their military and naval forces. The insurgents and all others must recognize the military occupation and authority of the United States and the cessation of hostilities proclaimed by the President. Use whatever means in your judgment are necessary to this end. All law-abiding people must be treated alike.
By order Secretary War:
H.C. CORBIN,Adjutant-General.
EXECUTIVE MANSION,Washington, August 21, 1898.
Major-General MERRITT,United States Army, Manila:
In my own behalf and for the nation I extend to you and the officers and men of your command sincere thanks and congratulations for the conspicuously gallant conduct displayed in your campaign.
WILLIAM McKINLEY.
EXECUTIVE MANSION,Washington, August 21, 1898.
Admiral DEWEY,Manila:
Receive for yourself and for the officers, sailors, and marines of your command my thanks and congratulations and those of the nation for the gallant conduct all have again so conspicuously displayed.
WILLIAM McKINLEY.
ADJUTANT-GENERAL'S OFFICE,Washington, December 4, 1898.
General OTIS,Manila, Philippine Islands:
By direction of the Secretary of War, following from the President is sent you for your early consideration.
CORBIN.
The President desires that Admiral Dewey and General Otis shall have an early conference and advise him what force and equipment will be necessary in the Philippine Islands. The President would be glad to have suggestions from these commanders as to the government of the islands, which of necessity must be by the Army and the Navy for some time to come. When these islands shall be ceded to us, it is his desire that peace and tranquillity shall be restored and as kind and beneficent a government as possible given to the people, that they may be encouraged in their industries and made secure in life and property. The fullest suggestions are invited.
WILLIAM McKINLEY.
EXECUTIVE MANSION,December 9, 1898.
By virtue of the authority vested in me as Commander in Chief of the Army and Navy of the United States, I hereby order and direct that during the occupancy by the military authorities of the United States of the island of Cuba and all islands in the West Indies west of the seventy-fourth degree, west longitude, evacuated by Spain, said islands shall constitute a collection district for customs purposes. Havana shall be the chief port of entry. An officer of the Army shall be assigned to such port, who shall be the collector of customs of the islands and of the chief port and shall have general jurisdiction over the collection of customs in the islands.
The ports of Matanzas, Cardenas, Cienfuegos, Sagua, Caibarien, Santiago, Manzanillo, Nuevitas, Guantanamo, Gibara, and Baracoa, in said islands, are hereby declared to be subports of entry, and an officer of the Army will be assigned to each of the subports, who will be the collector of customs of a subport and shall have general jurisdiction of the collection of customs at such port. He shall make weekly reports to the collector of customs of the islands at the chief port of all transactions at the subport over which he has jurisdiction, with copies of all entries of merchandise, duly certified.
The Secretary of War shall appoint such civilian deputy collectors, inspectors, and other employees as may be found necessary.
The collectors of the subports shall deposit all moneys collected by them with the collector of the islands, and a receipt from the collector of the islands must be taken in duplicate for all such deposits.
There shall be appointed an auditor, who shall be stationed at the chief port, whose duty it shall be to examine all entries of merchandise and if found correct to certify to them. Such auditor shall on the first of each month make a full and complete report, duly certified, to the Secretary of War of all duties collected at each port, with an itemized report of all expenditures made therefrom, which shall be referred to the Auditor for the War Department for audit.
All questions arising in the administration of customs in the islands shall be referred to the collector of the islands at the chief port for decision, from which there shall be no appeal, except in such cases as may be referred by the collector of the islands to the Secretary of War for his decision.
WILLIAM McKINLEY.
EXECUTIVE MANSION,Washington, December 21, 1898.
The SECRETARY OF WAR.
SIR: The destruction of the Spanish fleet in the harbor of Manila by the United States naval squadron commanded by Rear-Admiral Dewey, followed by the reduction of the city and the surrender of the Spanish forces, practically effected the conquest of the Philippine Islands and the suspension of Spanish sovereignty therein.
With the signature of the treaty of peace between the United States and Spain by their respective plenipotentiaries at Paris, on the 10th instant, and as the result of the victories of American arms, the future control, disposition, and government of the Philippine Islands are ceded to the United States. In fulfillment of the rights of sovereignty thus acquired and the responsible obligations of government thus assumed, the actual occupation and administration of the entire group of the Philippine Islands become immediately necessary, and the military government heretofore maintained by the United States in the city, harbor, and bay of Manila is to be extended with all possible dispatch to the whole of the ceded territory.
In performing this duty the military commander of the United States is enjoined to make known to the inhabitants of the Philippine Islands that in succeeding to the sovereignty of Spain, in severing the former political relations of the inhabitants, and in establishing a new political power the authority of the United States is to be exerted for the security of the persons and property of the people of the islands and for the confirmation of all their private rights and relations.
It will be the duty of the commander of the forces of occupation to announce and proclaim in the most public manner that we come, not as invaders or conquerors, but as friends, to protect the natives in their homes, in their employments, and in their personal and religious rights. All persons who, either by active aid or by honest submission, cooperate with the Government of the United States to give effect to these beneficent purposes will receive the reward of its support and protection. All others will be brought within the lawful rule we have assumed, with firmness if need be, but without severity so far as may be possible.
Within the absolute domain of military authority, which necessarily is and must remain supreme in the ceded territory until the legislation of the United States shall otherwise provide, the municipal laws of the territory in respect to private rights and property and the repression of crime are to be considered as continuing in force and to be administered by the ordinary tribunals so far as practicable. The operations of civil and municipal government are to be performed by such officers as may accept the supremacy of the United States by taking the oath of allegiance, or by officers chosen as far as may be practicable from the inhabitants of the islands.
While the control of all the public property and the revenues of the state passes with the cession, and while the use and management of all public means of transportation are necessarily reserved to the authority of the United States, private property, whether belonging to individuals or corporations, is to be respected, except for cause duly established. The taxes and duties heretofore payable by the inhabitants to the late government become payable to the authorities of the United States, unless it be seen fit to substitute for them other reasonable rates or modes of contribution to the expenses of government, whether general or local. If private property be taken for military use, it shall be paid for when possible in cash at a fair valuation, and when payment in cash is not practicable receipts are to be given.
All ports and places in the Philippine Islands in the actual possession of the land and naval forces of the United States will be opened to the commerce of all friendly nations. All goods and wares not prohibited for military reasons, by due announcement of the military authority, will be admitted upon payment of such duties and other charges as shall be in force at the time of their importation.
Finally, it should be the earnest and paramount aim of the military administration to win the confidence, respect, and affection of the inhabitants of the Philippines by assuring to them in every possible way that full measure of individual rights and liberties which is the heritage of free peoples, and by proving to them that the mission of the United States is one of benevolent assimilation, substituting the mild sway of justice and right for arbitrary rule. In the fulfillment of this high mission, supporting the temperate administration of affairs for the greatest good of the governed, there must be sedulously maintained the strong arm of authority to repress disturbance and to overcome all obstacles to the bestowal of the blessings of good and stable government upon the people of the Philippine Islands under the free flag of the United States.
WILLIAM McKINLEY.
ADJUTANT-GENERAL'S OFFICE,Washington, December 21, 1898.
General OTIS,Manila:
Answering your message of December 14, the President directs that you send necessary troops to Iloilo to preserve the peace and protect life and property. It is most important that there should be no conflict with the insurgents. Be conciliatory, but firm.
By order of the Secretary War:
CORBIN.
EXECUTIVE MANSION,Washington, December 22, 1898.
Until otherwise ordered no grants or concessions of public or corporate rights or franchises for the construction of public orquasipublic works, such as railroads, tramways, telegraph and telephone lines, water works, gas works, electric-light lines, etc., shall be made by any municipal or other local governmental authority or body in Cuba, except upon the approval of the major-general commanding the military forces of the United States in Cuba, who shall before approving any such grant or concession be so especially authorized by the Secretary of War.
WILLIAM McKINLEY.