FIRST ANNUAL MESSAGE.

EXECUTIVE MANSION, _December 6, 1897_.

* * * * *

The most important problem with which this Government is now called upon

to deal pertaining to its foreign relations concerns its duty toward

Spain and the Cuban insurrection. Problems and conditions more or less

in common with those now existing have confronted this Government at

various times in the past. The story of Cuba for many years has been one

of unrest, growing discontent, an effort toward a larger enjoyment of

liberty and self-control, of organized resistance to the mother country,

of depression after distress and warfare, and of ineffectual settlement

to be followed by renewed revolt. For no enduring period since the

enfranchisement of the continental possessions of Spain in the Western

Continent has the condition of Cuba or the policy of Spain toward Cuba

not caused concern to the United States.

The prospect from time to time that the weakness of Spain's hold upon

the island and the political vicissitudes and embarrassments of the home

Government might lead to the transfer of Cuba to a continental power

called forth between 1823 and 1860 various emphatic declarations of

the policy of the United States to permit no disturbance of Cuba's

connection with Spain unless in the direction of independence or

acquisition by us through purchase, nor has there been any change of

this declared policy since upon the part of the Government.

The revolution which began in 1868 lasted for ten years despite the

strenuous efforts of the successive peninsular governments to suppress

it. Then as now the Government of the United States testified its grave

concern and offered its aid to put an end to bloodshed in Cuba. The

overtures made by General Grant were refused and the war dragged on,

entailing great loss of life and treasure and increased injury to

American interests, besides throwing enhanced burdens of neutrality upon

this Government. In 1878 peace was brought about by the truce of Zanjon,

obtained by negotiations between the Spanish commander, Martinez de

Campos, and the insurgent leaders.

The present insurrection broke out in February, 1895. It is not

my purpose at this time to recall its remarkable increase or to

characterize its tenacious resistance against the enormous forces massed

against it by Spain. The revolt and the efforts to subdue it carried

destruction to every quarter of the island, developing wide proportions

and defying the efforts of Spain for its suppression. The civilized code

of war has been disregarded, no less so by the Spaniards than by the

Cubans.

The existing conditions can not but fill this Government and the

American people with the gravest apprehension. There is no desire on the

part of our people to profit by the misfortunes of Spain. We have only

the desire to see the Cubans prosperous and contented, enjoying that

measure of self-control which is the inalienable right of man, protected

in their right to reap the benefit of the exhaustless treasures of their

country.

The offer made by my predecessor in April, 1896, tendering the friendly

offices of this Government, failed. Any mediation on our part was not

accepted. In brief, the answer read: "There is no effectual way to

pacify Cuba unless it begins with the actual submission of the rebels

to the mother country." Then only could Spain act in the promised

direction, of her own motion and after her own plans.

The cruel policy of concentration was initiated February 16, 1896. The

productive districts controlled by the Spanish armies were depopulated.

The agricultural inhabitants were herded in and about the garrison

towns, their lands laid waste and their dwellings destroyed. This policy

the late cabinet of Spain justified as a necessary measure of war and as

a means of cutting off supplies from the insurgents. It has utterly

failed as a war measure. It was not civilized warfare. It was

extermination.

Against this abuse of the rights of war I have felt constrained on

repeated occasions to enter the firm and earnest protest of this

Government. There was much of public condemnation of the treatment of

American citizens by alleged illegal arrests and long imprisonment

awaiting trial or pending protracted judicial proceedings. I felt it my

first duty to make instant demand for the release or speedy trial of all

American citizens under arrest. Before the change of the Spanish cabinet

in October last twenty-two prisoners, citizens of the United States, had

been given their freedom.

For the relief of our own citizens suffering because of the conflict

the aid of Congress was sought in a special message,[1] and under

the appropriation of May 24, 1897,[2] effective aid has been given to

American citizens in Cuba, many of them at their own request having been

returned to the United States.

The instructions given to our new minister to Spain before his departure

for his post directed him to impress upon that Government the sincere

wish of the United States to lend its aid toward the ending of the war

in Cuba by reaching a peaceful and lasting result, just and honorable

alike to Spain and to the Cuban people. These instructions recited the

character and duration of the contest, the widespread losses it entails,

the burdens and restraints it imposes upon us, with constant disturbance

of national interests, and the injury resulting from an indefinite

continuance of this state of things. It was stated that at this juncture

our Government was constrained to seriously inquire if the time was not

ripe when Spain of her own volition, moved by her own interests and

every sentiment of humanity, should put a stop to this destructive war

and make proposals of settlement honorable to herself and just to her

Cuban colony. It was urged that as a neighboring nation, with large

interests in Cuba, we could be required to wait only a reasonable time

for the mother country to establish its authority and restore peace and

order within the borders of the island; that we could not contemplate an

indefinite period for the accomplishment of this result.

No solution was proposed to which the slightest idea of humiliation to

Spain could attach, and, indeed, precise proposals were withheld to

avoid embarrassment to that Government. All that was asked or expected

was that some safe way might be speedily provided and permanent peace

restored. It so chanced that the consideration of this offer, addressed

to the same Spanish administration which had declined the tenders of

my predecessor, and which for more than two years had poured men and

treasure into Cuba in the fruitless effort to suppress the revolt, fell

to others. Between the departure of General Woodford, the new envoy,

and his arrival in Spain the statesman who had shaped the policy of his

country fell by the hand of an assassin, and although the cabinet of the

late premier still held office and received from our envoy the proposals

he bore, that cabinet gave place within a few days thereafter to a new

administration, under the leadership of Sagasta.

The reply to our note was received on the 23d day of October. It is in

the direction of a better understanding. It appreciates the friendly

purposes of this Government. It admits that our country is deeply

affected by the war in Cuba and that its desires for peace are just.

It declares that the present Spanish government is bound by every

consideration to a change of policy that should satisfy the United

States and pacify Cuba within a reasonable time. To this end Spain has

decided to put into effect the political reforms heretofore advocated by

the present premier, without halting for any consideration in the path

which in its judgment leads to peace. The military operations, it is

said, will continue, but will be humane and conducted with all regard

for private rights, being accompanied by political action leading to

the autonomy of Cuba while guarding Spanish sovereignty. This, it is

claimed, will result in investing Cuba with a distinct personality, the

island to be governed by an executive and by a local council or chamber,

reserving to Spain the control of the foreign relations, the army and

navy, and the judicial administration. To accomplish this the present

government proposes to modify existing legislation by decree, leaving

the Spanish Cortes, with the aid of Cuban senators and deputies, to

solve the economic problem and properly distribute the existing debt.

In the absence of a declaration of the measures that this Government

proposes to take in carrying out its proffer of good offices, it

suggests that Spain be left free to conduct military operations and

grant political reforms, while the United States for its part shall

enforce its neutral obligations and cut off the assistance which it is

asserted the insurgents receive from this country. The supposition of an

indefinite prolongation of the war is denied. It is asserted that the

western provinces are already well-nigh reclaimed, that the planting of

cane and tobacco therein has been resumed, and that by force of arms and

new and ample reforms very early and complete pacification is hoped for.

The immediate amelioration of existing conditions under the new

administration of Cuban affairs is predicted, and therewithal the

disturbance and all occasion for any change of attitude on the part

of the United States. Discussion of the question of the international

duties and responsibilities of the United States as Spain understands

them is presented, with an apparent disposition to charge us with

failure in this regard. This charge is without any basis in fact. It

could not have been made if Spain had been cognizant of the constant

efforts this Government has made, at the cost of millions and by the

employment of the administrative machinery of the nation at command,

to perform its full duty according to the law of nations. That it has

successfully prevented the departure of a single military expedition or

armed vessel from our shores in violation of our laws would seem to be

a sufficient answer. But of this aspect of the Spanish note it is not

necessary to speak further now. Firm in the conviction of a wholly

performed obligation, due response to this charge has been made in

diplomatic course.

Throughout all these horrors and dangers to our own peace this

Government has never in any way abrogated its sovereign prerogative of

reserving to itself the determination of its policy and course according

to its own high sense of right and in consonance with the dearest

interests and convictions of our own people should the prolongation of

the strife so demand.

Of the untried measures there remain only: Recognition of the insurgents

as belligerents; recognition of the independence of Cuba; neutral

intervention to end the war by imposing a rational compromise between

the contestants, and intervention in favor of one or the other party.

I speak not of forcible annexation, for that can not be thought of.

That, by our code of morality, would be criminal aggression.

Recognition of the belligerency of the Cuban insurgents has often

been canvassed as a possible, if not inevitable, step both in regard

to the previous ten years struggle and during the present war. I am

not unmindful that the two Houses of Congress in the spring of 1896

expressed the opinion by concurrent resolution that a condition of

public war existed requiring or justifying the recognition of a state

of belligerency in Cuba, and during the extra session the Senate voted

a joint resolution of like import, which, however, was not brought

to a vote in the House of Representatives. In the presence of these

significant expressions of the sentiment of the legislative branch it

behooves the Executive to soberly consider the conditions under which

so important a measure must needs rest for justification. It is to be

seriously considered whether the Cuban insurrection possesses beyond

dispute the attributes of statehood, which alone can demand the

recognition of belligerency in its favor. Possession, in short, of

the essential qualifications of sovereignty by the insurgents and the

conduct of the war by them according to the received code of war are

no less important factors toward the determination of the problem of

belligerency than are the influences and consequences of the struggle

upon the internal polity of the recognizing state.

The wise utterances of President Grant in his memorable message of

December 7, 1875, are signally relevant to the present situation in

Cuba, and it may be wholesome now to recall them. At that time a ruinous

conflict had for seven years wasted the neighboring island. During all

those years an utter disregard of the laws of civilized warfare and

of the just demands of humanity, which called forth expressions of

condemnation from the nations of Christendom, continued unabated.

Desolation and ruin pervaded that productive region, enormously

affecting the commerce of all commercial nations, but that of the United

States more than any other by reason of proximity and larger trade and

intercourse. At that juncture General Grant uttered these words, which

now, as then, sum up the elements of the problem:

A recognition of the independence of Cuba being, in my opinion,

impracticable and indefensible, the question which next presents itself

is that of the recognition of belligerent rights in the parties to the

contest.

In a former message to Congress[3] I had occasion to consider this

question, and reached the conclusion that the conflict in Cuba,

dreadful and devastating as were its incidents, did not rise to the

fearful dignity of war. * * * It is possible that the acts of foreign

powers, and even acts of Spain herself, of this very nature, might be

pointed to in defense of such recognition. But now, as in its past

history, the United States should carefully avoid the false lights

which might lead it into the mazes of doubtful law and of questionable

propriety, and adhere rigidly and sternly to the rule, which has been

its guide, of doing only that which is right and honest and of good

report. The question of according or of withholding rights of

belligerency must be judged in every case in view of the particular

attending facts. Unless justified by necessity, it is always, and

justly, regarded as an unfriendly act and a gratuitous demonstration

of moral support to the rebellion. It is necessary, and it is

required, when the interests and rights of another government or of

its people are so far affected by a pending civil conflict as to

require a definition of its relations to the parties thereto. But

this conflict must be one which will be recognized in the sense of

international law as war. Belligerence, too, is a fact. The mere

existence of contending armed bodies and their occasional conflicts do

not constitute war in the sense referred to. Applying to the existing

condition of affairs in Cuba the tests recognized by publicists and

writers on international law, and which have been observed by nations

of dignity, honesty, and power when free from sensitive or selfish and

unworthy motives, I fail to find in the insurrection the existence of

such a substantial political organization, real, palpable, and

manifest to the world, having the forms and capable of the ordinary

functions of government toward its own people and to other states,

with courts for the administration of justice, with a local

habitation, possessing such organization of force, such material, such

occupation of territory, as to take the contest out of the category of

a mere rebellious insurrection or occasional skirmishes and place it

on the terrible footing of war, to which a recognition of belligerency

would aim to elevate it. The contest, moreover, is solely on land; the

insurrection has not possessed itself of a single seaport whence it

may send forth its flag, nor has it any means of communication with

foreign powers except through the military lines of its adversaries.

No apprehension of any of those sudden and difficult complications

which a war upon the ocean is apt to precipitate upon the vessels,

both commercial and national, and upon the consular officers of other

powers calls for the definition of their relations to the parties to

the contest. Considered as a question of expediency, I regard the

accordance of belligerent rights still to be as unwise and premature

as I regard it to be, at present, indefensible as a measure of right.

Such recognition entails upon the country according the rights which

flow from it difficult and complicated duties, and requires the

exaction from the contending parties of the strict observance of their

rights and obligations. It confers the right of search upon the high

seas by vessels of both parties; it would subject the carrying of arms

and munitions of war, which now may be transported freely and without

interruption in the vessels of the United States, to detention and to

possible seizure; it would give rise to countless vexatious questions,

would release the parent Government from responsibility for acts done

by the insurgents, and would invest Spain with the right to exercise

the supervision recognized by our treaty of 1795 over our commerce on

the high seas, a very large part of which, in its traffic between the

Atlantic and the Gulf States and between all of them and the States on

the Pacific, passes through the waters which wash the shores of Cuba.

The exercise of this supervision could scarce fail to lead, if not to

abuses, certainly to collisions perilous to the peaceful relations

of the two States. There can be little doubt to what result such

supervision would before long draw this nation. It would be unworthy

of the United States to inaugurate the possibilities of such result by

measures of questionable right or expediency or by any indirection.

Turning to the practical aspects of a recognition of belligerency

and reviewing its inconveniences and positive dangers, still further

pertinent considerations appear. In the code of nations there is no

such thing as a naked recognition of belligerency, unaccompanied by the

assumption of international neutrality. Such recognition, without more,

will not confer upon either party to a domestic conflict a status not

theretofore actually possessed or affect the relation of either party to

other states. The act of recognition usually takes the form of a solemn

proclamation of neutrality, which recites the _de facto_ condition

of belligerency as its motive. It announces a domestic law of neutrality

in the declaring state. It assumes the international obligations of a

neutral in the presence of a public state of war. It warns all citizens

and others within the jurisdiction of the proclaimant that they violate

those rigorous obligations at their own peril and can not expect to be

shielded from the consequences. The right of visit and search on the

seas and seizure of vessels and cargoes and contraband of war and good

prize under admiralty law must under international law be admitted

as a legitimate consequence of a proclamation of belligerency. While

according the equal belligerent rights defined by public law to each

party in our ports disfavors would be imposed on both, which, while

nominally equal, would weigh heavily in behalf of Spain herself.

Possessing a navy and controlling the ports of Cuba, her maritime rights

could be asserted not only for the military investment of the island,

but up to the margin of our own territorial waters, and a condition of

things would exist for which the Cubans within their own domain could

not hope to create a parallel, while its creation through aid or

sympathy from within our domain would be even more impossible than now,

with the additional obligations of international neutrality we would

perforce assume.

The enforcement of this enlarged and onerous code of neutrality would

only be influential within our own jurisdiction by land and sea and

applicable by our own instrumentalities. It could impart to the United

States no jurisdiction between Spain and the insurgents. It would give

the United States no right of intervention to enforce the conduct of the

strife within the paramount authority of Spain according to the

international code of war.

For these reasons I regard the recognition of the belligerency of the

Cuban insurgents as now unwise, and therefore inadmissible. Should that

step hereafter be deemed wise as a measure of right and duty, the

Executive will take it.

Intervention upon humanitarian grounds has been frequently suggested and

has not failed to receive my most anxious and earnest consideration.

But should such a step be now taken, when it is apparent that a hopeful

change has supervened in the policy of Spain toward Cuba? A new

government has taken office in the mother country. It is pledged in

advance to the declaration that all the effort in the world can not

suffice to maintain peace in Cuba by the bayonet; that vague promises of

reform after subjugation afford no solution of the insular problem; that

with a substitution of commanders must come a change of the past system

of warfare for one in harmony with a new policy, which shall no longer

aim to drive the Cubans to the "horrible alternative of taking to the

thicket or succumbing in misery;" that reforms must be instituted in

accordance with the needs and circumstances of the time, and that these

reforms, while designed to give full autonomy to the colony and to

create a virtual entity and self-controlled administration, shall yet

conserve and affirm the sovereignty of Spain by a just distribution of

powers and burdens upon a basis of mutual interest untainted by methods

of selfish expediency.

The first acts of the new government lie in these honorable paths.

The policy of cruel rapine and extermination that so long shocked the

universal sentiment of humanity has been reversed. Under the new

military commander a broad clemency is proffered. Measures have already

been set on foot to relieve the horrors of starvation. The power of the

Spanish armies, it is asserted, is to be used not to spread ruin and

desolation, but to protect the resumption of peaceful agricultural

pursuits and productive industries. That past methods are futile to

force a peace by subjugation is freely admitted, and that ruin without

conciliation must inevitably fail to win for Spain the fidelity of a

contented dependency.

Decrees in application of the foreshadowed reforms have already been

promulgated. The full text of these decrees has not been received, but

as furnished in a telegraphic summary from our minister are: All civil

and electoral rights of peninsular Spaniards are, in virtue of existing

constitutional authority, forthwith extended to colonial Spaniards. A

scheme of autonomy has been proclaimed by decree, to become effective

upon ratification by the Cortes. It creates a Cuban parliament, which,

with the insular executive, can consider and vote upon all subjects

affecting local order and interests, possessing unlimited powers save as

to matters of state, war, and the navy, as to which the Governor-General

acts by his own authority as the delegate of the central Government.

This parliament receives the oath of the Governor-General to preserve

faithfully the liberties and privileges of the colony, and to it the

colonial secretaries are responsible. It has the right to propose to the

central Government, through the Governor-General, modifications of the

national charter and to invite new projects of law or executive measures

in the interest of the colony.

Besides its local powers, it is competent, first, to regulate electoral

registration and procedure and prescribe the qualifications of electors

and the manner of exercising suffrage; second, to organize courts of

justice with native judges from members of the local bar; third, to

frame the insular budget, both as to expenditures and revenues, without

limitation of any kind, and to set apart the revenues to meet the Cuban

share of the national budget, which latter will be voted by the national

Cortes with the assistance of Cuban senators and deputies; fourth, to

initiate or take part in the negotiations of the national Government for

commercial treaties which may affect Cuban interests; fifth, to accept

or reject commercial treaties which the national Government may have

concluded without the participation of the Cuban government; sixth,

to frame the colonial tariff, acting in accord with the peninsular

Government in scheduling articles of mutual commerce between the mother

country and the colonies. Before introducing or voting upon a bill the

Cuban government or the chambers will lay the project before the central

Government and hear its opinion thereon, all the correspondence in such

regard being made public. Finally, all conflicts of jurisdiction arising

between the different municipal, provincial, and insular assemblies, or

between the latter and the insular executive power, and which from their

nature may not be referable to the central Government for decision,

shall be submitted to the courts.

That the government of Sagasta has entered upon a course from which

recession with honor is impossible can hardly be questioned; that in

the few weeks it has existed it has made earnest of the sincerity of its

professions is undeniable. I shall not impugn its sincerity, nor should

impatience be suffered to embarrass it in the task it has undertaken.

It is honestly due to Spain and to our friendly relations with Spain

that she should be given a reasonable chance to realize her expectations

and to prove the asserted efficacy of the new order of things to which

she stands irrevocably committed. She has recalled the commander whose

brutal orders inflamed the American mind and shocked the civilized

world. She has modified the horrible order of concentration and has

undertaken to care for the helpless and permit those who desire to

resume the cultivation of their fields to do so, and assures them of the

protection of the Spanish Government in their lawful occupations. She

has just released the _Competitor_ prisoners, heretofore sentenced

to death, and who have been the subject of repeated diplomatic

correspondence during both this and the preceding Administration.

Not a single American citizen is now in arrest or confinement in Cuba of

whom this Government has any knowledge. The near future will demonstrate

whether the indispensable condition of a righteous peace, just alike to

the Cubans and to Spain, as well as equitable to all our interests so

intimately involved in the welfare of Cuba, is likely to be attained. If

not, the exigency of further and other action by the United States will

remain to be taken. When that time comes, that action will be determined

in the line of indisputable right and duty. It will be faced, without

misgiving or hesitancy, in the light of the obligation this Government

owes to itself, to the people who have confided to it the protection of

their interests and honor, and to humanity.

Sure of the right, keeping free from all offense ourselves, actuated

only by upright and patriotic considerations, moved neither by passion

nor selfishness, the Government will continue its watchful care over

the rights and property of American citizens and will abate none of

its efforts to bring about by peaceful agencies a peace which shall

be honorable and enduring. If it shall hereafter appear to be a duty

imposed by our obligations to ourselves, to civilization, and humanity

to intervene with force, it shall be without fault on our part and only

because the necessity for such action will be so clear as to command the

support and approval of the civilized world.

* * * * *

WILLIAM McKINLEY.

JOINT RESOLUTION appropriating $50,000 for the relief of destitute

citizens of the United States in the island of Cuba.

_Resolved by the Senate and House of Representatives of the United

States of America in Congress assembled_, That the sum of $50,000 be,

and the same is hereby, appropriated, out of any money in the Treasury

not otherwise appropriated, for the relief of destitute citizens of the

United States in the island of Cuba, said money to be expended at the

discretion and under the direction of the President of the United States

in the purchase and furnishing of food, clothing, and medicines to such

citizens, and for transporting to the United States such of them as so

desire and who are without means to transport themselves.

Approved, May 24, 1897.

[Footnote 1: See p. 127.]

[Footnote 2: See p. 136.]

[Footnote 3: See Vol. VII, pp. 64-69.]

Compilation of the Messages and Papers of the Presidents: William McKinley; Messages, Proclamations, and Executive Orders Relating to the Spanish-American War · 第 8 / 49 题