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Cuba

Cuba, the largest of the West India Islands. Early in the sixteenth century it was a conspicuous point of departure for discoverers, explorers, and conquerors of the American continent. The island was discovered by Columbus on Oct. 28, 1492, when, it is believed, he entered a bay near Nuevitas, on the north coast. He gave it the name of Juana, in honor of Prince Juan, or John, son of Isabella. Other names were afterwards given to it, but that of the natives—Cuba—is retained. It was very thickly populated by a docile and loving copper-colored race, who were rightfully called by themselves The Good. When, in the winter of 1509-10, Ojeda was sailing from Central America to Santo Domingo with some of his followers, his vessel was stranded on the southern shores of Cuba. He and his crew suffered dreadfully in the morasses, and more than half of them perished. They feared the natives, to whose protection persecuted ones in Santo Domingo had fled, but hunger compelled the Spaniards to seek for food among them.

These suffering Christians were treated most kindly by the pagans, and through their good offices Ojeda was enabled to reach Jamaica, then settled by his countrymen. He had built a chapel in Cuba, and over its altar-piece he placed a small Flemish painting of the Virgin, and taught the natives to worship her as the “Mother of God.” Then Ojeda, on reaching Santo Domingo, told his countrymen of the abundance of precious metals in Cuba, when Diego Velasquez, appointed governor of Cuba by Diego Columbus, went with 300 men and made an easy conquest of it. The natives had kept Ojeda's chapel swept clean, made votive offerings to the Virgin, composed couplets to her, and sung them with accompaniments of instrumental music as they danced in the surrounding groves, and tried to convince their pious conquerors that they were fellow-Christians, but in vain. The conquerors made slaves of them, and so cruelly worked and treated them, men and women, in the fields and mines, that in less than fifty years only a few natives were left, and their places were partially supplied by negro slaves. Cruelty was the rule with the conquerors. Velasquez found there a rich and potent cacique, who had fled from Hispaniola to avoid slavery or death, and he condemned the fugitive to the flames. When he was fastened to the stake, a Franciscan friar, laboring to convert him, promised him immediate admittance to the joys of heaven if he would embrace the Christian faith, and threatened him with eternal torment if he should continue in his unbelief. The cacique asked whether there were any Spaniards in that region of bliss, and being answered in the affirmative, replied, “I will not go to a place where I may meet one of that accursed race.”

De Soto was made captain-general of Cuba in 1537, and from that island he sailed to make a conquest of Florida. From it Cordova also sailed, and Grijalva, when they went and discovered Mexico; and from it Velasquez sent Cortez to make a conquest of the empire of Montezuma. From the advent of the Spaniards in 1511 the natives began to suffer, and they were persecuted steadily till 1898. During its early history the island changed hands several times, the Dutch once owning it for a short time and England conquering it in 1762, but restoring it to Spain in return for Florida. In 1829 occurred the Black Eagle rebellion, which was directed from the United States, and only put down by Spain after three years fighting. In 1844 occurred the insurrection of the blacks. At the end of this rebellion 700 Cubans were put to death by torture, and the people of [439] America became so aroused that President Polk offered Spain $100,000,000 for the island, but the offer was refused. In 1868, after the Spanish Revolution, another rebellion broke out on the island and lasted ten years. The revolutionists proclaimed a republic, and Spain, after spending $200,000,000 and sending over 50,000 troops, finding that she could not conquer the patriots, sent over Gen. Martinez Campos, who, by promises, induced the patriots to lay down their arms. Spain's promises were never fulfilled.

In December, 1894, a bill presented in the Spanish Cortes, for the purpose of giving Cuba a larger measure of control in its own affairs, was greatly opposed. The government attempted to make a compromise by offering to appoint a council to consist of twelve members, including the highest church officials and the president of the high court, and permitting Cuba to elect fifteen other members by popular vote. It was proposed that this council should meet in Havana, arrange the local budget, administer local and financial affairs, and direct a general supervision over the municipal government. Before this compromise was arranged, however, there was so much local dissatisfaction, that Spain proclaimed martial law over the island Feb. 24, 1895. This action precipitated another

Murder and mutilation of the natives of Cuba by the Spaniards (from an old print).

revolution in the eastern and western provinces, although Jose Marti, its promoter, had been busy for several years previous secretly shipping arms to the island. As soon as the rebellion began the republic was again proclaimed, and the old flag of 1868, a triangular blue union with a single star and five stripes, three red and two white, was adopted. On Aug. 7, Gen. Bartolomo Masco was made President of the provisional government. On Sept. 23 [440] the revolutionists proclaimed the independence of Cuba, established a permanent republican government, and adopted a constitution. Salvadore Cisneros Betancourt

Captain-General's Palace, Havana.

was proclaimed President, Gen. Maximo Gomez was made commander-in-chief, and Gen. Antonio Maceo was made lieutenantgeneral. The patriots were uniformly successful in the early engagements. During 1895 Spain sent 50,000 troops to the island.

On Feb. 5, 1896, a resolution recommending that the Cubans be recognized as belligerents was introduced in the United States Senate, and on Feb. 27, a similar one was presented to the House. On Feb. 28, the Senate resolution was adopted by a vote of 64 to 6. This action aroused great indignation in Spain, and led to riots throughout the country. The resolution presented to the House was adopted on March 2, by a vote of 263 to 17; but on March 4 the Senate refused to agree with the House resolution, and sent it to a conference committee, whose report became the subject of an animated debate till it was returned to the conference by a unanimous vote on March 23. The House accepted the Senate resolutions on March 26. From the beginning of the rebellion the Cubans carried on a guerilla warfare, burning many small towns, and destroying much plantation property. On March 14, 1896, the strength of the Cuban army was estimated in Havana at about 43,000 men, but the revolutionists themselves claimed 60,000, two-thirds of whom were well mounted, and about half well armed. During 1896 Spain sent 80,00.0 more troops to the island. In spite of this great force, however, only one province, that of Pinar del Rio, remained in the hands of the Spanish, the other five being either wholly or partly given up to the patriots. General Campos was again sent to put down the rebellion, but as he failed to do so, Gen. Valeriano Weyler, of Nicolau, was sent to supersede him in February, 1896. Weylers course was one of extreme cruelty, and aroused the people of the United States.

During the progress of the revolution that year relations between the United States and Spain became daily more strained. Many vessels left ports in the United States loaded with arms for the Cubans. One of the leading incidents of the war thus far was the death of the Cuban General Maceo. He was found dead Dec. 17, 1896. The truth regarding his death may never be known, but the belief of the Cubans was that he was betrayed by his physician, who was afterwards loaded with honors by General Weyler and sent to Spain. Several Americans were imprisoned by the Spanish during January, 1897. Their release, or at least a speedy civil trial, was demanded by this country. Spain at first refused to grant this, and it seemed for a time as if war was inevitable, but Spain finally agreed to grant the men a trial, after which they were set free.

In February, 1897, a number of reforms for the island were proposed by the Spanish government, and their general features were made public, but they did not meet with favor. In October, 1897, General Weyler was succeeded as governor-general by Marshal Blanco Y Arenas (q. v.), who immediately began a more humane regime, granted many pardons, and undertook relief measures for the thousands of Weyler's [441] reconcentrados who were starving in the interior. So great did the distress become during that year that President McKinley appointed a central Cuban relief committee to raise funds for the sufferers. Later Clara Barton, president of the American Red Cross Association, went to the island, with the consent of the Spanish government, and supervised the distribution of needed supplies. When Señor Sagasta became prime minister for Spain, a new policy of dealing with the trouble in Cuba was attempted. He declared that autonomy under the suzerainty of Spain would be given to the island. Accordingly, when Marshal Blanco arrived in Havana, he issued a proclamation to the inhabitants announcing that he had been sent by the home government to begin reforms and to establish self-government.

The full text of the decree granting autonomy to both Cuba and Porto Rico was published in the Official gazette of Madrid, on Nov. 27, of which the following is a synopsis:

Article I: explains the principles of the future government of the two islands.

Article II. decrees that the government of each island shall be composed of an insular parliament, divided into two chambers, while a governor-general, representing the home government, will exercise in its name the supreme authority.

Article III. declares that the faculty of many laws on colonial affairs rests with the insular chambers and the governor-general.

Article IV. directs that the insular representation shall be composed of two corporations, with equal powers, a Chamber of Representatives and a Council of Administration.

Article V: provides that the Council of Administration shall consist of thirty-five members, of whom eighteen shall be elected and seventeen nominated by the home government.

Article VI. provides that the members of the Council of Administration must be Spaniards, thirty-five years of age, who were born in the island or who have resided there continuously for four years. It specifies numerous officials, such as senators, presidents of courts and of chambers of commerce and other bodies, as eligible to election to the Council.

Articles VII. to XIV., inclusive, deal with nominations and the conditions of election to councils.

Article XV: empowers the throne or the governor-general to convoke, suspend, or dissolve the Chambers, with an obligation to reassemble them within three months.

Article XVI: and the following articles deal with the procedure of the Chambers, and grant immunity to members.

Article XXIX: empowers the insular parliament to receive the governor's oath and make effective the responsibility of

Havana Harbor.

[442] the secretaries forming the governor's council. When the secretaries are impeached by the Chambers they are to be judged by the Council of Administration. Negotiations for treaties of commerce are to be made by the home government, with the assistance of the secretaries of the island.

Article XXXIX: confers upon parliament the imposing of customs duties.

Article XL: deals with the commercial relations of the islands with the peninsula, and provides that no import or export tax may differentiate to the prejudice of the productions of either island or the peninsula. A list will be formed of articles coming from Spain direct, which will be granted favorable treatment in regard to similar articles coming from abroad, and the same will be done for productions of the islands entering Spain, the differential duty in no case to exceed 35 per cent.

The remaining features of the decree explained the powers of the governorgeneral. He was to have supreme command, be responsible for the preservation of order, have the power to nominate officials, was to publish and execute the laws and decrees, conventions, international treaties, etc., and the power of pardoning, suspending constitutional guarantees, and ordering a state of siege, should circumstances require it.

In accordance with these provisions Marshal Blanco, on Dec. 29, issued a decree announcing the plans on which autonomy was to be established. In this decree was also included a synopsis of the duties of the several officers of the proposed cabinet pending the assemblage of the Cuban legislature and the establishment by it of permanent duties. The members of this first cabinet were sworn into office on Jan. 1, 1898, and immediately assumed charge of their offices with a view of getting the new system well under way by the time the legislature met. In the following month this new colonial government undertook to bring the insurrection to an end by offering the following proposition to the insurgents:

1. The volunteers will be dissolved and a Cuban militia formed.

2. The insurgent colonels and generals will be recognized.

3. Cuba will be called upon to pay only $100,000,000 out of the $600,000,000 indebtedness due for both wars.

4. Cuba will pay $2,000,000 a year for the crown list.

5. Cuba will make her own treaties without interference by the Madrid government.

6. Spanish products will have only a 10 per cent. margin of protection over similar products from other countries.

7. No exiles or deportations will be made, even in war time, to Spain, Africa, or to penal settlements elsewhere.

8. Death sentences for rebellion shall be abolished.

9. Martial law cannot be ordered by the captain-general without the assent of both the House and the Senate, if those bodies are in session, or without the assent of a majority of the cabinet if they are not in session.

10. The Archbishop of Santiago de Cuba shall always be a native Cuban.

11. The actual insurgent party shall have three seats in the first cabinet.

12. An armistice of fifteen days will be granted for the discussion of the terms of peace.

All efforts failed to open negotiations with the insurgents, and the scheme of autonomy never materialized.

On Jan. 9, 1898, the first distribution of relief stores from the United States for the starving Cubans took place in Havana. During the same week riots occurred in that city which required the presence of regular troops. On Jan. 25 the United States battle-ship Maine entered the harbor on a friendly visit. Her officers made the customary formal calls on the Spanish authorities, who, in turn, were received with the prescribed honors aboard ship. On Feb. 11, Captain Sigsbee, of the Maine, and Consul-General Lee called officially on General Blanco, who was absent from Havana when the Maine arrived, and on Feb. 12 a visit of courtesy was paid to President Galvez, of the new Cuban cabinet, who soon returned it. All of these courtesies were marked by the warmest cordiality by both parties. On the night of Feb. 15, the Maine was suddenly blown up at the anchorage [443] designated for her by the Spanish authorities on her arrival, with the result that two officers and 264 men perished. Great excitement immediately ensued, and every effort was made to save the survivors. In this work of relief the Spaniards bore a prompt and large share.

United States battle-ship Maine.

The officers, crews, and boats of the Spanish cruiser Alfonso XII., and of the City of Washington, the mail steamship plying between New York and Cuba, both lying near; the Havana officials, police, military, firemen, clergy, and citizens generally, were indefatigably engaged in the work of succor. The remains of all the victims recovered up to the 18th were laid in state in the city hall, and later were buried with marks of deepest feeling by the Spanish authorities, who bore the expense. The home and local Spanish governments sent condolences to the United States, all assigning the great catastrophe to an accident.

A naval court of inquiry was at once appointed, which held its first session in Havana, and subsequent ones there and in Key West. For the expenses of this inquiry Congress voted $200,000, and professional wreckers were put to work on the ship's hull. After a few days rumors gained currency that the disaster had been deliberately planned, instead of having been an accident.

On Feb. 20, the Spanish cruiser Vizcaya steamed into New York Harbor to return the visit of the Maine to Havana, her commander being in ignorance of the disaster. As soon as the captain learned of the fate of the Maine he lowered his flags to half-mast, and expressed his sympathy. During her brief stay in New York the Vizcaya was under close protection by both the city and federal authorities, a step never taken before towards a warvessel of a friendly country. The usual official visits were made, and when Captain Eulate left for Havana he expressed himself as highly gratified with his treatment.

On account of the great need of food, clothing, and medical supplies in Cuba, President McKinley ordered two naval vessels to carry to the island the articles collected in the United States. The government of Spain suggested that merchant vessels would be more desirable for this work, and that it would be pleased if Consul-General Lee were recalled; but neither of these intimations were heeded by the President. On March 8, a bill appropriating $50,000,000 for national defence was passed in the House, and on March 9 in the Senate, neither house raising a dissenting vote.

The court of inquiry completed its investigation on March 21, and on the 28th President McKinley transmitted the findings and evidence to Congress, [444] accompanying them with a special message. The following is the text of the report:

United States ship Iowa—first rate. Key West, Fla., Monday, March 21, 1898.

After full and mature consideration of all the testimony before it, the court finds as follows:

1. That the United States battle-ship Maine arrived in the harbor of Havana, Cuba, on the 25th of January, 1898, and was taken to Buoy No. 4, in from 5 1/2 to 6 fathoms of water, by the regular government pilot.

The United States consul-general at Havana had notified the authorities at that place, the previous evening, of the intended arrival of the Maine.

2. The state of discipline on board the Maine was excellent, and all orders and regulations in regard to the care and safety of the ship were strictly carried out.

All ammunition was stowed in accordance with prescribed instructions, and proper care was taken whenever ammunition was handled.

Nothing was stowed in any of the magazines or shell-rooms which was not permitted to be stowed there.

The magazines and shell-rooms were always locked after having been opened, and after the destruction of the Maine the keys were found in their proper place, in the captain's cabin, everything having been reported secure that evening at 8 P. M.

The temperature of the magazine and shellrooms was taken daily and reported. The only magazine which had an undue amount of heat was the after 10-inch magazine, and that did not explode at the time the Maine was destroyed.

Wreck of the Maine in Havana Harbor.

The torpedo warheads were all stowed in the after part of the ship under the wardroom, and neither caused nor participated in the destruction of the Maine.

The dry gun-cotton primers and detonators were stowed in the cabin aft, and remote from the scene of the explosion. Waste was carefully looked after on the Maine to obviate danger. Special orders in regard to this had been given by the commanding officer.

Varnishes, driers, alcohol, and other combustibles of this nature were stowed on or above the main deck, and could not have had anything to do with the destruction of the Maine.

The medical stores were stored aft under the ward-room and remote from the scene of the explosion.

No dangerous stores of any kind were stowed below in any of the other storerooms.

The coal bunkers were inspected daily. Of those bunkers adjacent to the forward magazine and shell-rooms, four were empty– namely, B 3, B 4, B 5, B 6. A 15 had been in use that day, and A 16 was full of New River coal. This coal had been carefully inspected before receiving it on board. The bunker in which it was stowed was accessible on three sides at all times and the fourth side at this time, on account of bunkers B 4 and B 6 being empty. This bunker, A 16, had been inspected that day by the engineer officer on duty.

The fire-alarms in the bunkers were in working-order, and there had never been a case of spontaneous combustion of coal on board the Maine.

The two after-boilers of the ship were in use at the time of the disaster, but for auxiliary purposes only, with a comparatively low pressure of steam, and being tended by a reliable watch. These boilers could not have caused the explosion of the ship. The four forward boilers have since been found by the divers and are in a fair condition.

On the night of the destruction of the Maine everything had been reported secure [445] for the night at 8 P. M. by reliable persons through the proper authorities to the commanding officer. At the time the Maine was destroyed the ship was quiet and therefore least liable to accident, caused by movements from those on board.

Projection showing position of bow and keel of the Maine. 1. dotted line shows part of keel not accessible for direct measurement. 2. line of break in bottom plating. 3. Bilge keel. 4. line of keel. 5. stem enters mud here, where a hole in the mud was found 7 feet deep and 15 feet in diameter.

3. The destruction of the Maine occurred at 9.40 P. M., on the 15th day of February, 1898, in the harbor of Havana, Cuba, she being at the time moored to the same buoy to which she had been taken upon her arrival.

There were two explosions of a distinctly different character, with a very short but distinct interval between them, and the forward part of the ship was lifted to a marked degree at the time of the first explosion. The first explosion was more in the nature of a report, like that of a gun, while the second explosion was more open, prolonged and of greater volume. This second explosion was, in the opinion of the court, caused by a partial explosion of two or more of the forward magazines of the Maine. The evidence bearing upon this, being principally obtained from divers, did not enable the court to form a definite conclusion as to the condition of the wreck, although it was established that the after part of the ship was practically intact and sank in that condition a very few minutes after the destruction of the forward part.

4. The following facts in regard to the forward part of the ship are, however, established by the testimony: That portion of the port side of the protective deck which extends from about Frame 50 to about Frame 41 was blown up aft and over to port. The main deck from about Frame 41 was blown up aft and slightly over to starboard, folding the forward part of the middle structure over and on top of the after part.

This was, in the opinion of the court, caused by the partial explosion of two or more of the forward magazines of the Mainte. 5. At Frame 17 the outer shell of the warship from a point 11 1/2 feet from the middle line of the ship and 6 feet above the keel when in its normal position has been braced up so as to be now about 4 feet above the surface of the water; therefore, about 34 feet above where it would be had the ship sunk uninjured. The outside bottom plating is bent into a reversed V-shape, the other wing of which, about 15 feet broad and 30 feet in length (from Frame 17 to Frame 25), is doubled back upon itself against the continuation of the same plating extending forward.

At Frame 18 the vertical keel is broken in two, and the fiat keel bent into an angle similar to the angle formed by the outside bottom plating. This break is now about 6 feet below the surface of the water and about 30 feet above its normal position.

In the opinion of the court, this effect could have been produced only by the explosion of a mine situated under the bottom of the ship at about Frame 18 and somewhere on the port side of the ship.

6. The court finds that the loss of the Maine on the occasion named was not in any respect due to fault or negligence on the part of any of the officers or members of the crew of said vessel.

7. In the opinion of the court, the Maine was destroyed by the explosion of a submarine mine, which caused the partial explosion of two or more of her forward magazines.

8. The court has been unable to obtain evidence fixing the responsibility for the destruction of the Maine upon any person or persons.

W. T. Sampson,

Captain, United States Navy, President.

A. Marix,

Lieutenant-Commander, United States Navy,

Judge-Advocate.

The court having finished the Inquiry it was ordered to make, adjourned at 11 A. M., [446] to await the action of the convening authority.

W. T. Sampson,

Captain, United States Navy, President.

A. Marix,

Lieutenant-Commander, United States Navy, Judge-Advocate.

United States flag-ship New York, March 22, 1898, off Key West, Fla.

The proceedings and findings of the court of inquiry in the above case are approved.

M. Sicard,

Rear-Admiral, Commander-in-Chief of the United States Naval Force on the North Atlantic Station.

When it became evident that the difference existing between Spain and the United States would lead to war the ambassadors of Great Britain, France, Germany, Russia, Italy, and Austria-Hungary called upon President McKinley in a body on April 7, 1898, in the interest of peace. Sir Julian Pauncefote, the British ambassador, handed to the President the following joint note:

The undersigned representatives of Germany, Austria-Hungary, France, Great Britain, Italy, and Russia, duly authorized in that behalf, address, in the name of their respective governments, a pressing appeal to the feelings of humanity and moderation of the President and of the American people in their existing differences with Spain.

They earnestly hope that further negotiations will lead to an agreement which, while securing the maintenance of peace, will afford all necessary guarantees for the re-establishment of order in Cuba.

The powers do not doubt that the humanitarian and purely disinterested character of this representation will be fully recognized and appreciated by the American nation.

President McKinley's reply to the powers was:

The government of the United States recognizes the good will which has prompted the friendly communication of the representatives of Germany, Austria-Hungary, France, Great Britain, Italy, and Russia, as set forth in the address of your excellencies, and shares the hope therein expressed that the outcome of the situation in Cuba may be the maintenance of peace between the United States and Spain by affording the necessary guarantee for the re-establishment of order in the island, so terminating the chronic condition of disturbance there which so deeply injures the interests and menaces the tranquillity of the American nation by the character and consequences of the struggle thus kept up at our doors, besides shocking its sentiment of humanity.

The government of the United States appreciates the humanitarian and disinterested character of the communication now made, on behalf of the powers named, and for its part is confident that equal appreciation will be shown for its own earnest and unselfish endeavors to fulfil a duty to humanity by ending a situation, the indefinite prolongation of which has become insufferable.

President McKinley's special message on the situation was sent to Congress on April 11. It was a long document, reviewing the history of the revolution in Cuba from 1895, giving many precedents bearing on the questions of recognition, intervention, and independence; and citing the reasons which he claimed justified the intervention of the United States. The message concluded as follows:

In view of these facts and of these considerations, I ask Congress to authorize and empower the President to take measures to secure a full and final termination of hostilities between the government of Spain and the people of Cuba, and to secure in the island the establishment of a stable government, capable of maintaining order and observing its international obligations, insuring peace and tranquillity and the security of its citizens, as well as our own, and to use the military and naval forces of the United States as may be necessary.

On April 13 the House passed the following resolution by a vote of 322 to 19:

Whereas, the government of Spain for three years past has been waging war on the island of Cuba against a revolution by the inhabitants thereof, without making any substantial progress towards the suppression of said revolution, and has conducted the warfare in a manner contrary to the laws of nations, by methods inhuman and uncivilized, causing the death by starvation of more than 200,000 innocent non-combatants, the victims being for the most part helpless women and [447] children, inflicting intolerable injury to the commercial interests of the United States, involving the destruction of the lives and property of many of our citizens, entailing the expenditure of millions of money in patrolling our coasts and policing the high seas in order to maintain our neutrality; and,

Whereas, this long series of losses, injuries, and murders for which Spain is responsible has culminated in the destruction of the United States battle-ship Maine in the harbor of Havana and in the death of 266 of our seamen;

Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, that the President is hereby authorized and directed to intervene at once to stop the war in Cuba, to the end and with the purpose of securing permanent peace and order there, establishing by the free action of the people thereof a stable and independent government of their own in the island of Cuba; and the President is hereby authorized and empowered to use the land and naval forces of the United States to execute the purpose of this resolution.

The Senate on the 16th passed the following resolutions by a vote of 67 to 21, the recognition amendment being adopted by a vote of 51 to 37:

Joint resolutions for the recognition of the independence of the people and republic of Cuba, demanding that the government of Spain relinquish its authority and government in the island of Cuba, and 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.

Whereas, the abhorrent conditions which have existed for more than three years in the island of Cuba, so near our own borders, have shocked the moral sense of the people of the United States, have been a disgrace to Christian civilization, culminating, as they have, in the destruction of a United States battle-ship, with 266 of its officers and crew, while on a friendly visit in the harbor of Havana, and cannot longer be endured, as has been set forth by the President of the United States in his message to Congress of April 11, 1898, upon which the action of Congress was invited; therefore,

Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled,

1. That the people of the island of Cuba are, and of a right ought to be, free and independent, and that the government of the United States hereby recognizes the republic of Cuba as the true and lawful government of the island.

2. That it is the duty of the United States to demand, and the government of the United States does hereby demand, that the government of Spain at once relinquish its authority and government in the island of Cuba and withdraw its land and naval forces from Cuba and Cuban waters.

3. 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 these resolutions into effect.

4. That the United States hereby disclaims any disposition or intention to exercise sovereignty, jurisdiction, or control over said island except for the pacification thereof; and asserts its determination, when that is accomplished, to leave the government and control of the island to its people.

In the resolutions of the House the President was directed to intervene, which was the power he desired; but the resolutions of the Senate not only gave directions for intervention but for recognition. The latter act was contrary to the President's policy. Thereupon both Houses of Congress held an all-night session; their resolutions were sent to a conference committee; mutual concessions were made, and early on the morning of the 19th, the resolutions of the Senate, with the recognition clause stricken out, were adopted by a vote of 42 to 35 in the Senate and 310 to 6 in the House.

The President sent the following message to Congress on the 25th:

To the Senate and House of Representatives of the United States of America: [448]

I transmit to the Congress for its consideration and appropriate action copies of correspondence recently had with the representative of Spain in the United States, with the United States minister at Madrid, and, through the latter, with the government of Spain, showing the action taken under the joint resolution approved April 20, 1898, “ 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 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.”

Upon communicating to the Spanish minister in Washington the demand which it became the duty of the executive to address to the government of Spain in obedience to said resolution, the minister asked for his passports and withdrew. The United States minister at Madrid was in turn notified by the Spanish minister for foreign affairs that the withdrawal of the Spanish representative from the United States had terminated diplomatic relations between the two countries, and that all official communications between their respective representatives ceased therewith.

I commend to your special attention the note addressed to the United States minister at Madrid by the Spanish minister for foreign affairs on the 21st inst., whereby the foregoing notification was conveyed. It will be perceived therefrom that the government of Spain, having cognizance of the joint resolution of the United States Congress, and in view of the things which the President is thereby required and authorized to do, responds by treating the reasonable demands of this government as measures of hostility, following with that instant and complete severance of relations by its action, which by the usage of nations accompanies an existent state of war between sovereign powers.

The position of Spain being thus made known, and the demands of the United States being denied, with a complete rupture of intercourse by the act of Spain, I have been constrained in exercise of the power and authority conferred upon me by the joint resolution aforesaid, to proclaim under date of April 22, 1898, a blockade of certain ports of the north coast of Cuba lying between Cardenas and Bahia Honda, and of the port of Cienfuegos, on the south coast of Cuba, and, further, in exercise of my constitutional powers, and using the authority conferred upon me by the act of Congress, approved April 22, 1898, to issue my proclamation, dated April 23, 1898, calling for volunteers in order to carry into effect the said resolutions of April 20, 1898. Copies of these proclamations are hereto appended.

In view of the measures so taken, and with a view to the adoption of such other measures as may be necessary to enable me to carry out the expressed will of the Congress of the United States in the premises, I now recommend to your honorable body the adoption of a joint resolution declaring that a state of war exists between the United States of America and the kingdom of Spain, and I urge speedy action thereon to the end that the definition of the international status of the United States as a belligerent power may be made known, and the assertion of all its rights and the maintenance of all its duties in the conduct of a public war may be assured.

In response to this, Congress immediately made a formal declaration of war in the following terms:

1. 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.

2. That the President of the United States be and he is hereby 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.

This was succeeded on the following day by the executive proclamation:

By the President of the United States of America.

Whereas, by an act of Congress, [449] approved April 25, 1898, it 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 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 invested in me by the Constitution and the laws, do hereby declare and proclaim:

1. The neutral flag covers enemy's goods excepting 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 port or places within the United States shall be allowed until 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 terms, provided that nothing herein contained shall apply to Spanish vessels having on board any officers 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 despatch 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 right of neutrals, and the voyages of mail steamers are not to be interfered with except on the clearest ground of suspicion of a violation of law in respect to contraband or blockade.

On April 22 Congress adopted a conference report on the volunteer army bill, under the authority of which the President, on April 23, issued a call for 125,000 volunteers to serve for two years unless mustered out sooner. On April 26 a similar report on a bill to reorganize the regular army, and increase its strength to 61,919 officers and men, was passed. For a list of the principal operations in and around Cuba during the war, see battles.

On Aug. 9, 1898, proposals for peace, at the initiative of Spain, were submitted to the President by M. Jules Martin Cambon (q. v.), the ambassador of France at Washington. On the 10th an agreement was negotiated between M. Cambon and Secretary Day, was accepted by the Spanish government on the 11th, and proclaimed by the President on the 12th. The following articles in the agreement show the terms under which the United States was willing to make peace:

Article I: Spain will relinquish all claim of sovereignty over and title to Cuba.

Art. II. Spain will cede to the United States the island of Porto Rico and other islands now under Spanish sovereignty in the West Indies, and also an island in the Ladrones, to be selected by the United States.

Art. III. The United States will occupy and hold the city, bay, and harbor of Manila, pending the conclusion of a treaty of peace, which shall determine the control, disposition, and government of the Philippines.

Art. IV. Spain will immediately evacuate Cuba, Porto Rico, and other islands now under Spanish sovereignty in the West Indies, and to this end each government will, within ten days after the signing of this protocol, appoint commissioners, and the commissioners so appointed shall, within thirty days after the signing of this protocol, meet at Havana for the purpose of arranging and carrying [450] out the details of the aforesaid evacuation of Cuba and the adjacent islands. . . .

Art. V. The United States and Spain will each appoint not more than five commissioners to treat of peace, and the commissioners so appointed shall meet at Paris not later than Oct. 1, 1898, and proceed to the negotiation and conclusion of a treaty of peace, which treaty shall be subject to ratification according to the respective constitutional forms of the two countries.

Art. VI. Upon the conclusion and signing of this protocol hostilities between the two countries shall be suspended, and notice to that effect shall be given as soon as possible by each government to the commanders of its military and naval forces.

Under Article IV., the following military commission was appointed for Cuba: American, Maj.-Gen. James F. Wade, Rear-Admiral William T. Sampson, Maj.-Gen. Matthew C. Butler; Spanish, Maj-Gen. Gonzales Parrado, Rear-Admiral Pastor y Landero, Marquis Montero. Under the direction of these commissioners Cuba was formally evacuated Jan. 1, 1899. After the American occupation Maj.-Gen. John R. Brooke (q. v.) was appointed the first American military governor. He served as such till early in 1900, when he was succeeded by Maj.-Gen. Leonard Wood, who had been in command of the district and city of Santiago. In September, an election was held for delegates to a constitutional convention, which was held in November following.

Cuban Constitution.

The following is the text of the proposed constitution, as submitted by the central committee to the constitutional convention sitting in Havana, in January, 1901:

We, the delegates of the Cuban people, having met in assembly for the purpose of agreeing upon the adoption of a fundamental law, which, at the same time that it provides for the constitution into a sovereign and independent nation of the people of Cuba, establishes a solid and permanent form of government, capable of complying with its international obligations, insuring domestic tranquillity, establishing justice, promoting the general welfare, and securing the blessings of liberty to the inhabitants, we do agree upon and adopt the following Constitution, in pursuance of the said purpose, invoking the protection of the Almighty, and prompted by the dictates of our conscience:

First section.

form of government—the form of government and National Territory.

1. The people of Cuba shall be constituted into a sovereign and independent state, under a republican form of government.

2. The territory of the republic comprises the island of Cuba and the islands and keys adjacent thereto, which were under the jurisdiction and control of the general government of the island of Cuba while it was a Spanish possession.

3. The territory of the republic shall be divided into six provinces, the boundaries and names of which shall be those of the present provinces, as long as not modified by the laws.

second section.

requirements for citizenship—methods of losing and Regaining it-duties of citizens.

The following are Cuban citizens:

1. All persons born within or outside Cuban territory of Cuban parents.

2. The children of foreign parents born in the territory of the republic who, after arriving at their majority, inscribe themselves as Cubans in the proper register.

3. Those persons who were born outside of Cuban territory of Cuban parents who had lost Cuban citizenship, provided that on attaining their majority they inscribe in the proper register.

4. Those foreigners who have belonged to the liberating army and who, residing in Cuba, claim Cuban citizenship within six months following the promulgation of the constitution.

5. Those Africans who may have been slaves in Cuba, and also those who were emancipated and referred to in Article XIII. of the treaty between Spain and England, June 28, 1835.

6. The Spaniards residing in Cuban territory on April 11, 1899, who shall not have inscribed themselves as Spaniards up to April 11, 1900. [451]

7. Foreigners who have been domiciled in Cuba since Jan. 1, 1899, provided they demand Cuban citizenship within six months following the promulgation of the constitution, or in case of minors within six months after attaining majority.

8. Foreigners after five years residence in the territory of the republic who obtain naturalization papers, in accordance with the laws.

grounds for forfeiting Cuban citizenship.

1. By securing naturalization papers in a foreign country.

2. By accepting a position under another government without the consent of Congress.

3. By entering into the military or naval service of any foreign power without the aforesaid consent.

Cuban citizenship may be regained in accordance with the provisions which the law may establish.

duties of all Cuban citizens.

1. To serve in arms according to the requirements of the law.

2. To contribute to public expenses, in the manner established by the laws.

third section.

rights guaranteed by the Constitution.

1. All Cubans shall have equal rights under the law.

2. No law can have a retroactive effect, except in penal matters, when the new law is favorable to the delinquent.

3. Obligations of a civil character which spring from contracts or from the acts or omissions which produce them cannot be altered or annulled by any posterior act, neither by the legislature nor the executive.

4. No person shall be arrested, except in the cases and manner prescribed by law.

5. All persons arrested shall be either placed at liberty or delivered to the judicial authorities within twenty-four hours after their arrest.

6. All persons arrested shall either be placed at liberty or committed to prison within seventy-two hours after having been delivered to the competent judge or court. The party interested shall be notified of the order for discharge or commitment within the same period.

7. No person shall be arrested, except by virtue of a warrant from a competent judge; the writ directing the issuance of the warrant of arrest shall be ratified or amended after the accused shall have been given a hearing, within seventy-two hours following his imprisonment.

8. All persons arrested or in prison without due legal formalities, or in cases not provided for in the constitution and the laws, shall be placed at liberty at their own request or at that of any citizen. The law shall determine the method of prompt action in such cases.

9. No person shall be tried or sentenced, except by a competent judge or tribunal, in consequence of laws existing prior to the commission of the crime, and in the manner that the latter prescribe.

10. No person shall be required to testify against a wife or husband, or against relatives within the fourth degree of consanguinity or second degree of affinity.

11. The privacy of correspondence and of other private documents shall not be violated, and the same shall not be seized, except by order of a competent authority, and with the formalities prescribed by the laws, and in this case all points therein not relating to the matter under investigation shall be kept secret.

12. The expression of thought shall be free, be it either by word of mouth, by writing, by means of the public press, or by any other method whatsoever, without being subject to any prior censorship, and under the responsibility determined or specified by the laws.

13. No person shall be molested by reason of his religious opinion, nor for engaging in his special method of worship. The church and state shall be separate.

14. Every individual or association will have the right of petition.

15. The inhabitants of the republic shall have the right to meet and combine peacefully without arms for all licit purposes.

16. All persons shall have the right to enter and leave the republic, travel throughout its territory, and change their residence, without requiring a safe-guard, [452] passport, or any other like equivalent, except what may be required in the laws governing immigration and by the rights of the administrative or judicial authorities in cases of criminal responsibility.

17. The penalty of confiscation of properties shall not be inflicted, and no person shall be deprived of his property except by the competent authority for the justified reason of public benefit, and after being paid the proper indemnity therefor. Should this latter requirement not have been complied with, the judges shall give due protection, and, should the case so demand, they shall restore possession of the property to the person who may have been deprived thereof.

18. Private dwellings shall be held inviolate, and no person may enter therein at night without the consent of the occupants, excepting for the purpose of taking aid to victims of crime or disaster, nor in the daytime excepting in the cases and manner prescribed by law.

19. No person shall be obliged to change his place of dwelling except by orders of competent authority.

20. No person shall be obliged to pay any tax or contribution of any kind whatsoever the collection of which has not previously been legally decided upon.

21. Every author or inventor shall possess the ownership of his work or invention for the time and in the manner as may be determined by the laws.

22. Every man shall be free to learn or teach whatever science, profession, industry, or work he may deem fit. The law will determine what professions need proper decrees or qualifications, and how such decrees and qualifications shall be granted.

23. The guarantees mentioned in paragraphs 5, 6, 7, 8, 9, 11, 12, 15, 18, 19, of this section cannot be suspended in any part of the republic, except when the safety of the state requires this suspension, in case of the invasion of the state's territory, or grave perturbations of order so as to threaten the public peace.

24. The territory in which the said guarantees may be suspended will be ruled, during the suspension, by the laws relating to public order, dictated in former times. But neither in the law relating to public order, nor in any other law can other guarantees but those mentioned be suspended. Only those acts characterized as crimes by the formerly existing penal laws can be considered crimes during said suspension, neither can new punishments be inflicted save those provided by said laws, nor can the executive power be authorized to banish or transport citizens, nor to remove them more than 20 kilometres from their place of dwelling, nor to arrest citizens except for the purpose of delivering them to the judicial authority; but no citizen can remain so arrested for more than fifteen days, nor can they be so arrested more than once during the suspension of the said guarantees, nor shall citizens be confined elsewhere than in special departments of public establishments designed for the detention of those accused of common misdemeanors.

25. The suspension of said guarantees can only be ordered by means of a law, or by means of a decree of the President of the republic if Congress be not sitting. The President cannot decree such suspension for more than thirty days, or for an indefinite space of time without convoking Congress in the same decree, and in every case he must give an account to Congress of the suspension ordered, in order that Congress may resolve what it thinks fit.

fourth section.

foreigners.

Foreigners residing in the territory of the new republic have equal rights with Cubans in regard to the following matters: Protection of their persons and property; enjoyment of all rights mentioned in the preceding section, with exception of those referring exclusively to native Cubans; exercise of civil rights; observance of laws and decrees; being bound by decisions of the courts and other authorities; obligations contributing to public expenses.

fifth section.

National sovereignty and public powers.

The national sovereignty shall be vested in the people of Cuba, from whom shall emanate the public powers. [453]

sixth section.

the legislative power.

The legislative power shall be exercised by two elective bodies to be named House of Representatives and “Senate,” and conjointly known as “Congress.”

seventh section.

the Senate, its members and inherent powers.

1. The Senate shall be composed of six senators from each one of the six departments of the republic, elected for a period of six years by electors whom the ayuntamientos shall name in the manner prescribed by law.

2. One-third of the senators shall be elected every two years.

3. To become a senator the following qualifications are necessary: To be a native-born or naturalized Cuban citizen, the naturalized citizen to have been such for a period of at least ten years, to have attained the age of thirty years, and to be in full enjoyment of civil and political rights.

4. The inherent powers of the Senate shall be as follows:

First. To try, after they have been accused by the House of Representatives, the President of the republic, and the governors of the departments, for which purpose it shall constitute itself into a court of law to be presided over by the president of the Supreme Court, without the right in this case of imposing any other penalty than that of removal from or disqualification to hold office. After the charges have been filed with the Senate, the latter shall order forthwith the suspension of the President from office. Should the President be proved criminally responsible, he shall at once be placed at the disposal of the Supreme Court. In any case whatsoever, except infraction of the Constitution, to impeach him the consent of the Senate shall be necessary.

Second. To confirm or not the appointments that the President of the republic may make, of associate justices of the Supreme Court, of diplomatic representatives, and consular agents, and of such other functionaries required by law.

Third. To authorize Cubans to accept employment or honors from another government.

Fourth. To judge the governors of the provinces, when accused by the provincial assemblies or by the President of the republic. When the accusation is made before the Senate, the Senate can order the suspension of the governor, but cannot impose any other penalty but dismissal from office.

eighth section.

the House of Representatives and its inherent powers.

1. The House of Representatives shall be composed of one representative for every 25,000 inhabitants or fraction of more than 12,000, elected for a period of four years, by direct vote, and in the manner prescribed by law.

2. One-half of the House of Representatives shall be elected every two years.

3. To be a representative, the following qualifications are required: To be a native-born or a naturalized Cuban citizen, the naturalized citizen to have been such for a period of not less than eight years, to have attained the age of twenty-five years, and to be in the full enjoyment of all civil and political rights.

4. The inherent powers of the House of Representatives shall be as follows:

First. To file an accusation before the Senate against the President of the republic for violation of the Constitution or of the laws, committed in the exercise of his duties, provided that two-thirds of the representatives should so resolve in secret session.

ninth section.

regulations common to both legislative bodies.

1. The positions of representatives and senators shall be incompatible with the holding of any paid position and of appointment of the government.

2. The representatives and senators shall receive from the nation a pecuniary remuneration, alike for all, which shall not be increased nor diminished during the period of their representation.

3. The representatives and senators shall not be held responsible for the opinions that they may express in the exercise of their duties. [454]

4. Representatives and senators shall not be arrested nor tried without the consent of the body to which they belong, except in the case of being discovered in the act of committing some crime, in which case and in that of their being arrested or tried when Congress is not in session, report thereof shall be made as quickly as possible to the body to which they belong for its information and proper action.

5. Congress shall meet and organize at their own option; both Houses shall open and close their sessions on the same day; they shall be established at the same place, and neither of them shall move to any other place nor suspend its sessions for more than three days without the consent of the other, neither shall they commence their sessions without two-thirds of the total number of their members being present, nor shall they be allowed to continue their sessions without an absolute majority of the members being present.

6. Congress shall decide as to the validity of elections and as to the resignation of its members, and none of the latter shall be expelled except by vote of twothirds of the members at least of the respective legislative bodies, in which case it shall be decided in a like manner whether the expulsion is temporary or final, and if therefore the position should be declared vacant or not.

7. The Houses of Congress shall adopt their respective rules and regulations and elect their presidents. But the Senate president will only occupy the position in the absence of the Vice-President of the republic or when the latter is discharging the duties of President of the same.

tenth section.

Congress and its powers.

1. Congress shall meet in regular session every year on the first Monday in November, and shall remain in session for at least ninety consecutive days, excepting holidays and Sundays. And it shall meet in special session whenever the President may issue a call therefor in accordance with this Constitution, in which case it shall solely treat of the express object or objects of the call.

2. Congress shall meet in joint session to proclaim, after rectifying and counting the electoral vote, the President and Vice- President of the republic, at which act the president and vice-president of Congress respectively shall be the president of the Senate and the president of the House of Representatives.

3. The powers of Congress shall be as follows:

First. To examine into and approve annually of the general budget of the nation. Should a vote not be able to be taken prior to the first day of the fiscal year, the preceding budget shall continue in force.

Second. Decide as to the issue of loans, at the same time voting the necessary permanent incomes for the payment of interest thereon, and for its redemption.

Third. To regulate domestic and foreign commerce, postal and telegraphic services, and of railroads.

Fourth. To declare war and to make treaties of peace.

Fifth. To coin money, specifying the weight, value, and denomination of the same, and to regulate the system of weights and measures.

Sixth. To establish rules of procedure for naturalization of citizens.

Seventh. To grant amnesties.

Eighth. To organize naval and military forces.

Ninth. To establish taxes, duties, and contributions of national character.

Tenth. To regulate the establishment and service of roads, canals, and ports.

Eleventh. To decide who shall be President in case the President and Vice-President should be removed, dead, resigned, or incapacitated.

Twelfth. To prepare the national codes, to establish the electoral for the election of Congress, governors, governors of provinces, and the provincial and municipal corporations; to dictate laws for the guidance of the general administration.

eleventh section.

the preparation, the sanction and promulgation of the law.

1. The initiative action of all laws pertains to either of the two co-legislative bodies, except in the cases specified in the Constitution.

2. Every project of law that may have received the approval of the Senate and [455] the House of Representatives shall be, before it becomes a law, presented to the President of the republic. Should the latter approve the same, he will sign it; if not, he shall return it, with his objections, to the legislative body that recommended it, which body shall in turn spread the same objections in full upon the minutes, and will again discuss the project. If, after this second discussion, twothirds of the members of the co-legislative body should vote in favor of the project, it shall be sent, together with the objections of the President, to the other body, which shall discuss it in a like manner, and if the latter should approve it by a like majority it shall become a law. In every case the vote shall be taken by recording the names of members. If within ten days (excluding holidays) the President shall not have returned the project of the law presented to him, the same shall become a law, in a like manner as if the President had signed it. Whenever Congress shall take a vote upon any law within the last ten days of its sessions, and the President should have objections to sanction the same, he shall be under obligations to immediately notify Congress thereof, in order that the latter may remain in session until the aforesaid period has expired, and should he not do so the law shall be considered as sanctioned.

3. No project of law, after being wholly rejected by one of the co-legislative bodies, may be again presented at the sessions of that year.

4. Every law shall be promulgated within five days immediately following its approval.

Twelfth section.

the executive power—the President of the republic—his powers and duties.

1. The executive power shall be exercised by the President of the republic.

2. To become President of the republic the following qualifications are required: To be a Cuban citizen by birth or naturalization, and, in this latter case, to have served with the Cuban army in its wars for independence ten years at least; to have attained the age of forty years, and to be in the full enjoyment of all civil and political rights.

3. The President shall be elected to serve a term of four years. No one can be elected President for three consecutive terms.

4. The President shall be elected by direct votes, and an absolute majority thereof, cast on one single day, in accordance with the provisions of the law.

5. The President, on taking possession of office, shall swear or affirm before the Supreme Court to faithfully discharge the duties thereof, complying with and causing to be enforced the Constitution and laws.

6. The President shall receive from the public a pecuniary remuneration which shall be fixed by law, and which shall not be increased or diminished during the Presidential term.

7. The powers and duties of the President shall be as follows:

First. To promulgate the laws and execute the same.

Second. To issue calls for special sessions of Congress.

Third. To suspend the sessions of Congress when, in the matter relating to their suspension, no agreement is possible between the co-legislative bodies.

Fourth. To present to Congress at the commencement of each session, and as often as he may deem proper, a message referring to the acts of the administration and to the general state of the republic, recommending the adoption of measures that he may deem necessary and useful for the country.

Fifth. To send to Congress all the necessary data of all kinds for the preparation of the budgets, and furnish the information that said Congress might ask for concerning matters or business that do not require secrecy.

Sixth. To direct diplomatic negotiations and make treaties with foreign powers, submitting them for confirmation to the approval of Congress.

Seventh. To appoint, with the approval of the Senate, the associate justices of the supreme court of justice, diplomatic representatives and consular agents of the republic, he having the right to make provisional appointments of said representatives and agents when the Senate is not in session, and when vacancies occur. [456]

Eighth. To freely appoint and remove his consulting secretaries that the law may provide him with, reporting actions in the premises to Congress.

Ninth. To appoint to positions established by law all other functionaries whose appointment does not specially pertain to other functionaries and corporations.

Tenth. To command and direct, as commander-in-chief, the naval and military forces of the republic, being under obligations, in case of invasion of the territory or sudden attack thereon, to forthwith adopt the necessary means of defence, and call Congress to session without delay to inform it of the facts.

Eleventh. To receive diplomatic representatives and admit consular agents.

Twelfth. To pardon convicts in accordance with the laws.

Thirteenth. To suspend the action of departmental assemblies and ayuntamientos, in the cases specified by the Constitution.

8. The President shall not be allowed to leave the territory of the republic without the express consent of Congress.

Thirteenth section.

Vice-President of the republic.

1. There shall be one Vice-President of the republic, who shall be elected in the same manner as the President, conjointly with the latter and for a like term.

2. To become Vice-President the same qualifications as those established by the Constitution for President are necessary.

3. The Vice-President shall be president of the Senate, but shall not vote except in cases of a tie.

4. Through accidental absence of the President of the republic, the executive power shall be exercised by the Vice-President. In case of an absolute vacancy in the office of the President the Vice-President shall assume charge thereof until the termination of the current term.

5. The Vice-President shall receive from the republic a pecuniary remuneration which shall be decided by law, and which shall not be increased nor diminished during the period of his administration.

Fourteenth section.

judicial power.

The judicial power shall be exercised by the supreme court of justice and such other courts as may be established by law, which shall regulate their respective organization, their rights, methods of exercising the same, and qualifications that the individuals composing them shall possess.

Fifteenth section.

the Supreme Court of justice.

1. To become an associate supreme justice the following qualifications are necessary:

First. To be a Cuban citizen by birth or naturalization, in the latter case for a period of not less than ten years.

Second. To have attained the age of forty years.

Third. To be in full possession of all civil and political rights.

Fourth. To possess some of the following qualifications: To have practised the profession of law for ten years within the territory of the republic or have performed for a like period judicial duties or taught for the same time a class of fundamental law in a public establishment.

2. Besides those established in the preceding bases and those specified by the laws it shall be the inherent right of the supreme court of justice:

First. To have cognizance of appeals in conformity with the law.

Second. To decide questions that may arise between the courts of law immediately inferior to it as to their relative rights and jurisdiction.

Third. To have cognizance of interadministrative suits concerning the nation or which are litigations between the departments or the municipalities.

Fourth. To decide as to the constitutionality of legislative acts that may have been objected to as unconstitutional.

Fifth. To decide as to the validity or nullity of decisions of departmental assemblies or of ayuntamientos that may have been suspended by the government or complained of by private individuals in such cases as the Constitution and laws establish. [457]

sixteenth section.

General dispositions concerning the administration of justice.

1. Justice shall be administered gratuitously.

2. The courts shall have cognizance of all civil and criminal and interadministrative suits. They shall also have cognizance, in cases specified by the laws, of the questions relating to the exercise and possession of political rights.

3. No judicial commissions nor extraordinary courts of justice of whatever kind shall be created.

4. All hearings shall be public, unless in the opinion of the court and for special reasons they should be private.

5. No judicial functionary shall be suspended from nor deprived of his position except for crime or other serious cause, duly proved after his defence shall have been heard.

6. Judicial functionaries shall be personally responsible for all violations of the law that they may commit.

7. The remuneration of judicial functionaries shall not be changed within a period of less than five years, a general law being necessary for the purpose.

8. Courts having cognizance of maritime and land matters shall be governed by their special organic law.

seventeenth section.

Department Regime.

1. Each department shall be formed by the municipal terminos that are comprised within the boundaries thereof.

2. At the head of each department there will be a governor, elected by direct vote for a period of three years, in the manner specified by law.

3. There will also be a departmental assembly, to consist of not less than eight or more than twenty, elected by direct vote for a like period of three years, which election shall be held in the form specified by law.

eighteenth section.

departmental assemblies and their powers.

1. The departmental assemblies shall have the right of independent action in all things not antagonistic to the Constitution, to the general laws, nor to international treaties, nor to that which pertains to the inherent rights of the municipalities, which may concern the department, such as the establishment and maintenance of institutions of public education, public charities, public departmental roads, means of communication by water or sea, the preparation of their budgets, and the appointment and removal of their employs.

They may also agree as to the placing of a loan for public works of interest to the department, voting at the same time the permanent income necessary for the payment of interest thereon and its redemption. In order that loans may be realized the approval of two-thirds of the ayuntamientos of the department must be secured.

2. The departmental assemblies shall freely provide the income necessary to meet their budgets, without any other limitation than that of making it compatible with the general tributary system of the republic.

3. The provincial assembly cannot suppress or reduce taxes of a permanent nature without establishing others to take their place, except when the suppression or reduction precedes the suppression or reduction of permanent, equivalent expenses.

4. The decision of the departmental assemblies shall be presented, in order that they may have executive character, to the governor of the department. Should the latter approve them, he will attach his signature thereto; otherwise he will return them, together with his objections, to the assembly, and if, after being reconsidered, the said decisions should be sustained by two-thirds of the members of the assembly, they shall become effective. If within ten days (excepting Sundays and holidays) the governor should not return any decision that had been presented to him, the said decision shall be effective in character the same as if the governor had approved the same.

nineteenth section.

the governors of departments, their powers and duties.

1. The powers of the governors shall be as follows: [458]

First. To appoint the employes of their offices that the law may specify or which the departmental assembly may designate.

Second. To execute and cause to be executed in the department the general laws of the nation.

Third. To publish the acts of the departmental assembly having an executive character, complying therewith, and causing them to be enforced.

Fourth. To issue orders, instructions, and regulations for the enforcement of the rulings of the departmental assembly when the latter has omitted to do so.

Fifth. To call the departmental assembly to a special session whenever there may be cause, therefor, which cause shall be stated in the call.

Sixth. To suspend the decision of the departmental assembly and those of the ayuntamiento in such cases as may be established by the Constitution.

2. The governor shall receive from the departmental treasury a pecuniary remuneration, which shall not be changed during the period for which he was elected.

3. The governor shall be substituted in office by the president of the provincial assembly, the said substitution to be, in case of vacancy, for the whole term for which the governor was elected.

4. The governor shall be responsible to the Senate for all infractions of the Constitution. For any other fault he shall be responsible to the court in the form demanded by law.

twentieth section.

the municipal Regime.

1. The municipal terminos shall be governed by ayuntamientos composed of councilmen elected by a direct vote in the manner prescribed by law.

2. In each municipal termino there shall be a mayor elected by direct vote in the form prescribed by law.

3. The organization of municipal terminos will be the object of the general law.

twenty-first section.

the ayuntamientos and their powers.

1. The ayuntamientos shall be self-governing and shall take action on all matters that solely and exclusively concern their municipal termino, such as appointment and removal of employes, preparation of their budgets, freely establishing the means of income to meet them without any other limitation than that of making them compatible with the general system of taxation of the republic.

2. The ayuntamientos can issue loans, at the same time fixing what taxes are to be devoted to the payment of interest and the forming of a sinking-fund. The voters of the terminos must approve by direct vote the issue of a loan.

3. The ayuntamientos cannot suppress or reduce taxes of a permanent nature without establishing others in their places, except when the suppression or reduction corresponds to an equivalent reduction in permanent expense.

4. The resolutions adopted by the ayuntamientos shall be presented, in order that they may have executive character, to the mayor. Should the latter approve them, he will attach his signature thereto; otherwise he shall return them with his objections to the ayuntamiento, and if, after being reconsidered, two-thirds of the members of the ayuntamiento should sustain them, they shall become effective. If within ten days (excepting Sundays and holidays) the mayor should not return any decision that had been presented to him, the latter shall become effective the same as if the mayor had approved it.

5. The acts of the ayuntamientos may be suspended by the mayor or by the governor of the department, or by the President of the republic whenever said acts are antagonistic to the Constitution, to the general laws, to international treaties, or to action taken by the departmental assembly, within its inherent attributes, by submitting the matter to the decision of the Supreme Court.

6. Councilmen shall be responsible for their acts before the courts in the manner prescribed by law.

twenty-second section.

Mayors, their duties and powers.

1. The mayors shall publish, as soon as the same have been approved, the acts of the ayuntamientos, complying therewith and causing the same to be enforced; and they shall exercise without any [459] limitation whatsoever the active functions of municipal administration as executors of the acts of the ayuntamientos and representatives thereof.

2. The municipal mayors shall receive from the municipal treasuries a pecuniary remuneration that shall not be changed during the period of their administration.

3. The municipal mayors shall be responsible for their acts before the courts, in the manner prescribed by law.

4. The municipal mayors shall be substituted in office by the presidents of the ayuntamientos, and in cases of vacancy the substitution shall be for the unexpired term for which the mayor was elected.

twenty-third section.

the National Treasury, its properties and duties.

The republic of Cuba does not recognize, nor will not recognize, any debts or compromises contracted prior to the promulgation of the Constitution. From the said prohibition are excepted the debts and compromises legitimately contracted for in behalf of the revolution, from and after Feb. 24, 1895, by corps commanders of the liberating army, until the day upon which the constitution of Jimaguayi was promulgated; and those which the revolutionary governments contracted, either by themselves or by their legitimate representatives in foreign countries, which debts and compromises shall be classified by Congress, and which body shall decide as to the payment of those which, in its judgment, are legitimate.

twenty-fourth section.

constitutional amendments.

The Constitution cannot be changed, in whole or in part, except by a twothirds vote of both legislative bodies. Six months after deciding on the reform, a constitutional assembly shall be elected, which shall confine itself to the approval or disapproval of the reform voted by the legislative bodies. These will continue in their functions independently of the constitutional assembly. The members in this assembly shall be equal to the number of the members in the two legislative bodies together.

twenty-fifth section.

concerning transitory dispositions.

1. The Senate being organized for the first time, the senators shall be divided into three classes; the seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year. Lots shall decide which senator shall belong to each class for each one of the departments.

2. Ninety days after the promulgation of the electoral law that may be prepared and adopted by the convention, the election of the functionaries provided for in the Constitution shall be proceeded with for the transfer of the government of Cuba to those who may be elected, in conformity with order No. 301 from the headquarters of the Division of Cuba of July 25, 1900.

3. All laws, regulations, orders, and decrees which may be in force at the time of the promulgation of the Constitution shall continue to be observed until they are replaced by others.


The Platt Amendment.

The following resolution was reported to the United States Senate by the committee on the relations with Cuba on Feb. 25. It was passed by the Senate Feb. 27, and by the House on March 1:

That in fulfilment of the declaration contained in the joint resolution approved April 20, 1898, entitled “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 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, the President is hereby authorized to leave the government and control of the island of Cuba to its people as soon as a government shall have been established in said island under a constitution which, either as a part thereof or in any ordinance [460] appended thereto, shall define the future relations of the United States with Cuba, substantially as follows:

1. That the government of Cuba shall never enter into any treaty or other compact with any foreign power or powers which will impair or tend to impair the independence of Cuba, nor in any manner authorize or permit any foreign power or powers to obtain, by colonization, or for military or naval purposes, or otherwise, lodging in or control over any portion of said island.

2. That said government shall not assume or contract any public debt to pay the interest upon which and to make reasonable sinking-fund provision for the ultimate discharge of which the ordinary revenues of the island, after defraying the current expenses of government, shall be inadequate.

3. That the government of Cuba consents that the United States may exercise the right to intervene for the preservation of Cuban independence, the maintenance of a government adequate for the protection of life, property, and individual liberty, and for discharging the obligations with respect to Cuba imposed by the treaty of Paris on the United States, now to be assumed and undertaken by the government of Cuba.

4. That all acts of the United States in Cuba during its military occupancy thereof are ratified and validated, and all lawful rights acquired thereunder shall be maintained and protected.

5. That the government of Cuba will execute, and as far as necessary extend, the plans already devised, or other plans to be mutually agreed upon, for the sanitation of the cities of the island, to the end that a recurrence of epidemic and infectious diseases may be prevented, thereby assuring protection to the people and commerce of Cuba, as well as to the commerce of the Southern ports of the United States and the people residing therein.

6. That the Isle of Pines shall be omitted from the proposed constitutional boundaries of Cuba and the title thereto left to future adjustment by treaty.

7. That to enable the United States to maintain the independence of Cuba and to protect the people thereof, as well as for its own defence, the government of Cuba will sell or lease to the United States lands necessary for coaling or naval stations at certain specified points to be agreed upon with the President of the United States.

8. That by way of further assurance, the government of Cuba will embody the foregoing provisions in a permanent treaty with the United States.

On Feb. 27 the constitutional convention adopted a declaration of relations between Cuba and the United States.

The preamble cited that the convention received from the military government a letter telling the convention what were the wishes of the administrative branch of the American government regarding future relations. The convention understood that the object of the administration in wishing these relations to exist was to preserve the independence of Cuba, the United States wishing coaling-stations for this purpose. This, however, would in itself militate against that independence which it was the desire of both parties to preserve. With regard to the other conditions which the executive branch of the United States government suggested, the object of those which tended to protect the independence of Cuba, such as stipulating the conditions under which Cuba might raise loans, were fully covered by the Constitution, which, in the opinion of the convention, fully protected the independence of Cuba. Regarding hygiene, the preamble stated that the future government of Cuba should make laws and arrange with the United States how best to preserve a good state of hygiene in the island. The preamble concluded by stating that the convention considers that the following relations might exist between Cuba and the United States, provided the future government of Cuba thinks them advisable:

First. The government of the republic of Cuba will make no treaty arrangements with any foreign power which limits or compromises the independence of Cuba, or which in any way permits or authorizes any foreign power to obtain, by means of colonization or for military or naval aims, or in any other manner, a hold upon the authority or a right over any portion of Cuba.

Second. The government of the republic [461] of Cuba will not permit its territory to serve as the base of operations in a war against the United States nor against any other country.

Third. The government of the republic of Cuba accepts in its entirety the treaty of Paris of Dec. 10, 1898, both wherein it affirms the rights of Cuba, and with regard to the obligations specifically mentioned as belonging to Cuba, especially with regard to those which international law imposes for the protection of lives and property. Cuba will take the place of the United States which the latter acquired in this sense in conformity with Articles I. and XVI. of the treaty of Paris.

Fourth. The government of the republic of Cuba will recognize as legally valid the acts of the American military government done in representation of the government of the United States during the period of its occupation for the good government of Cuba, as well as the rights that spring from them, in conformity with the joint resolution and amendment to the Army bill, known as the Foraker law, or with the laws in force in the country.

Fifth. The government of the republic of Cuba should regulate its commercial relations by means of an arrangement based on reciprocity, and which, with the tendencies to a free exchange of their natural and manufactured products, would mutually assure the two countries ample special advantages in their respective markets.

On March 28, by a vote of 15 to 14, the Cuban constitutional convention accepted the majority report of the committee on relations, which puts the Platt amendment and Secretary Root's explanations in the form of an appendix to the Constitution.


Harper and Brothers Publishers. . New York. 1902.

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