CHAPTER XXIV LIBERTY IN UNITED STATES COLONIES AND SUGGESTIONS THESE documents contain suggestions as to the prospective policy of government in the newly acquired territorial possessions of Cuba, Porto Rico, and the Philippine Islands. The critical comment which follows must of necessity become in a few years a part of the contemporary exposition. It needs an historical perspective, which the future alone can give, for the proper discussion of these documents. But, as the making of history is as important a study as the chronicles of the past, the student should look at present issues with keen interest. He must appreciate that to-day's events belong to a succession of conditions in a general movement of progress; from whatever political point of view he approaches the subject he will find these historical conditions the same. Out of the vast amount of oratory and writing for and against the present policy of the administration, a few masters of constitutional history have been chosen to give expression in criticism. DOCUMENTS Extracts from President McKinley's Annual Message, Dec. 5, 1898 Messages of In the message of April 11, 1898, I announced the President, that with this last overture in the direction of imX. 163-176. mediate peace in Cuba and its disappointing reception by Spain the effort of the Executive was brought to an end. I again reviewed the alternative courses of action which had been proposed, concluding that the only one consonant with international policy and compatible with our firm-set historical traditions was intervention as a neutral to stop the war and check the hopeless sacrifice of life, even though that resort involved "hostile constraint upon both the parties to the contest, as well to enforce a truce as to guide the eventual settlement." The grounds justifying that step were the interests of humanity, the duty to protect the life and property of our citizens in Cuba, the right to check injury to our commerce and people through the devastation of the island, and, most important, the need of removing at once and forever the constant menace and the burdens entailed upon our Government by the uncertainties and perils of the situation caused by the unendurable disturbance in Cuba. I said: "The long trial has proved that the object for which Spain has waged the war cannot be attained. The fire of insurrection may flame or may smoulder with varying seasons, but it has not been and it is plain that it cannot be extinguished by present methods. The only hope of relief and repose from a condition which can no longer be endured is the enforced pacification of Cuba. In the name of humanity, in the name of civilization, in behalf of endangered American interests which give us the right and the duty to speak and to act, the war in Cuba must stop." 1898. In view of all this the Congress was asked to By the authorize and empower the President to take Message of April 11, measures to secure a full and final termination of hostilities between 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 for the accomplishment of those ends to use the military and naval forces of the United States as might be necessary, with added authority to continue generous relief to the starving people of Cuba. The response of the Congress, after nine days of Cuban Independence. Duty of the Constitution, Art. ii. sect. 2, § 1. Attitude of the United States to earnest deliberation, during which the almost unanimous sentiment of your body was developed on every point save as to the expediency of coupling the proposed action with a formal recognition of the Republic of Cuba as the true and lawful government of that island a proposition which failed of adoption the Congress, after conference, on the 19th of April, by a vote of 42 to 35 in the Senate and 311 to 6 in the House of Representatives, passed the memorable joint resolution declaring "First. That the people of the island of Cuba are, and of right ought to be, free and independent. "Second. 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. "Third. 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. "Fourth. That the United States hereby disclaims any disposition or intention to exercise sovwards Cuba. ereignty, 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." This resolution was approved by the Executive on the next day, April 20. . . After the instruction reached General Woodford on the morning of April 23, but before he could present it, the Spanish minister of state notified him that upon the President's approval of the joint resolution the Madrid Government, regarding the act as "equivalent to an evident declaration of war," had ordered its minister in Washington to withdraw, thereby breaking off diplomatic relations between the two countries and ceasing all official communication between their respective representatives. relations General Woodford thereupon demanded his pass- with Spain ports and quitted Madrid the same day. Spain having thus denied the demand of the United States and initiated that complete form of rupture of relations which attends a state of war, the executive powers authorized by the resolution were at once used by me to meet the enlarged contingency of actual war between sovereign states. I do not discuss at this time the Government or the future of the new possessions which will come to us as the result of the war with Spain. Such discussion will be appropriate after the treaty of peace shall be ratified. In the meantime and until the Congress has legislated otherwise it will be my duty to continue the military governments which have existed since our occupation and give to the people security in life and property and encouragement under a just and beneficent rule. Diplomatic ceased at this point. As soon as we are in possession of Cuba and Future have pacified the island it will be necessary to give policy. aid and direction to its people to form a government for themselves. This should be undertaken at the earliest moment consistent with safety and assured success. It is important that our relations with this people shall be of the most friendly character and our commercial relations close and reciprocal. It should be our duty to assist in every proper way to build up the waste places of the island, encourage the industry of the people, and Immediate assist them to form a government which shall be free and independent, thus realizing the best aspira- tary, educations of the Cuban people. Spanish rule must be replaced by a just, benevo- life. effort to im prove sani tional, and municipal lent, and humane government, created by the people of Cuba, capable of performing all international obligations, and which shall encourage thrift, industry, and prosperity and promote peace and good will among all of the inhabitants, whatever may have been their relations in the past. Neither revenge nor passion should have a place in the new government. Until there is complete tranquillity in the island and a stable government inaugurated military occupation will be continued. Extracts from President McKinley's Annual Message, Dec. 5, 1899 I am Congressional My Annual Message of last year was necesRecord, 56 sarily devoted in great part to a consideration of Cong. 1 Sess., 29-36, passim. the Spanish war and of the results it wrought and the conditions it imposed for the future. gratified to announce that the treaty of peace has restored friendly relations between the two powers. Effect has been given to its most important provisions. The evacuation of Porto Rico having already been accomplished on the 18th of October, 1898, nothing remained necessary there but to continue the provisional military control of the island until the Congress should enact a suitable government for the ceded territory. Of the character and scope of the measures to that end I shall treat in another part of this Message. The withdrawal of the authority of Spain from the island of Cuba was effected by the 1st of January, so that the full re-establishment of peace found the relinquished territory held by us in trust for the inhabitants, maintaining, under the direction of the Executive such government and control therein as should conserve public order, restore the productive conditions of peace so long disturbed by the instability and disorder which prevailed for the greater part of the preceding three decades, and build up that tranquil development of the do |