View of General Brooke as to governmental plan
View of the new military governor

Governmental organization and operation

Military organization

Provincial civil administration

Efforts to reduce the number of municipalities

Reduction of police force

Sanitary work

Supplying horses, cattle, and farming implements

The new electoral law

The Constitutional Convention

The intervention of 1906

Taxes on incomes

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30. THE CUBAN PROBLEM.-a. In examining the manner in which our military government was exercised in Cuba, it should be kept in mind that we are dealing with the second type or situation, that is, one in which the conqueror did not contemplate annexing the occupied territory, but was committed instead to the course of separating it permanently from its former possessor and setting it free as soon as it might be able to stand alone.

The

b. The status of the island of Cuba was peculiar. sovereignty of Spain thereover was ended by the war but was not formally transferred to the United States, for the latter refused to accept it. It was vested in the people of Cuba to lie dormant until a government could be organized in accordance with their wishes. The United States may be said, therefore, to have held Cuba in trust for the Cubans

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until such time as they themselves could assume the responsibilities of an independent state. This fact, together with the generally impoverished condition of the country, imposed an extraordinary task on the military governors and their subordinates. In addition to the development of an adequate government, founded on representative principles, amongst a people of no self-governing experience, the military government had to promote industrial conditions and give immediate relief to the distress existing throughout the island. Charities, sanitation, and education at once demanded extensive systems of administration for their accomplishment. The long-neglected roads and harbors had to be improved in order that agriculture and commerce might be encouraged.

c. The military government of Cuba was self-supporting throughout the entire period of occupation. Its expenditures, exceeding fifty millions of dollars, were mainly met by the customs of the island, which were collected by officers of the Army under regulations promulgated by the Secretary of War.

31. DIVISION INTO PERIODS.-For the purpose of convenience, this study of the military government of Cuba may be regarded as divided into periods as follows:

First: The period from the beginning of the conquest until General Brooke assumed command of the "Division of Cuba" on December 28, 1898.

Second: The period from the date on which General Brooke assumed command until General Wood succeeded to the duties of military governor on December 20, 1899.

Third: So much of General Wood's tour of duty subsequent thereto as may be necessary to bring out the organization and principal constructive acts of the military government administered by him.

32. GENERAL ORDERS NO. 101, A.G.O., 1898. From the standpoint of military government, the principal event of interest during the first period was the issuance of General Orders No. 101, W.D., A.G.O., July 18, 1898, publishing the following letter, dated July 13, 1898, from President McKinley to 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,

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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 long 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 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-inChief 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 revenues. It is conceded that all public funds and securities belonging to the government in its own right, and all arms and supplies and

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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 possible 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 the case of military necessity they are not to be destroyed. All churches and buildings to be devoted to religious worship and to the arts and sciences, and all school houses, 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.

"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 are 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 under 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."

b. The forgoing order is, and bids fair to remain for years to come, a classic statement of the rules of international law applicable to situations of this kind. It was prepared by Professor John Bassett Moore, then and now one of the foremost international lawyers of the world. At that time, he was international law expert in the State Department at Washington, and, strange to say, he did not prepare the original draft of this order with the intent that it should be applied to Cuba or to Porto Rico, but intended it for General Merritt's guidance in the Philippines.

33. ARRIVAL OF GENERAL BROOKE.-a. General Brooke arrived in Cuba on December 27, 1898, and immediately published the President's order of December 13, 1898 (G.O. No. 184), creating the "Division of Cuba." He assumed command the next day. The transfer to him of the reins of government was made the occasion of an imposing ceremony

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which took place shortly thereafter. Those present at the ceremony included the members of the United States Evacuation Commission, the military governor with his staff and principal military commanders, also nine Cuban generals and the Spanish governor. The latter made a speech relinquishing control to the United States Evacuation Commission. To this the chairman of that Commission, General Wade, made a brief reply at the conclusion of which he turned to the new military governor and transferred the administration of the island to him.

b. A large body of the Cuban army had asked permission to be present at this ceremony, but the request was vetoed because of the danger to life and property, the prevailing belief being that the excitement and passions of the people had not yet subsided sufficiently to be under control. Their celebration was postponed until February 24th, on which date General Maximo Gomez arrived in Havana to remain for several months, during which time he and his large staff and escort were permitted to occupy as guests of the government the summer residence of the governorgeneral with its subsidiary houses and grounds.

34. GENERAL BROOKE'S PROCLAMATION.-On January 1, 1899, General Brooke published the following proclamation: "To the people of Cuba:

"Coming among you as the representative of the President in furtherance and in continuation of the humane purpose with which my country interfered to put an end to the distressing condition in this island, I deem it proper to say that the object of the present Government is to give protection to the people, security to person and property, to restore confidence, to encourage the people to resume commercial traffic, and to afford full protection in the exercise of all civil and religious rights.

"To this end, the protection of the United States Government will be directed, and every possible provision made to carry out these objects through the channels of civil administration, although under military control, in the interest and for the benefit of all the people of Cuba, and those possessed of rights and property in the island.

"The civil and criminal code which prevailed prior to the relinquishment of Spanish sovereignty will remain in force, with such modifications and changes as may from time to time be found necessary in the interest of good government.

"The people of Cuba, without regard to present affiliations, are invited and urged to cooperate in these objects by exercise of moderation, conciliation, and good will one toward another, and