The SECRETARY OF WAR.
SIR: The capitulation of the Spanish forces in Santiago de Cuba and in
the eastern part of the Province of Santiago, and the occupation of the
territory by the forces of the United States, render it necessary to
instruct the military commander of the United States as to the conduct
which he is to observe during the military occupation.
The first effect of the military occupation of the enemy's territory is
the severance of the former political relations of the inhabitants and
the establishment of a new political power. Under this changed condition
of things the inhabitants, so long as they perform their duties, are
entitled to security in their persons and property and in all their
private rights and relations. It is my desire that the inhabitants of
Cuba should be acquainted with the purpose of the United States to
discharge to the fullest extent its obligations in this regard. It will
therefore be the duty of the commander of the army of occupation to
announce and proclaim in the most public manner that we come not to make
war upon the inhabitants of Cuba, nor upon any party or faction among
them, but to protect them in their homes, in their employments, and in
their personal and religious rights. All persons who, either by active
aid or by honest submission, cooperate with the United States in its
efforts to give effect to this beneficent purpose will receive the
reward of its support and protection. Our occupation should be as free
from severity as possible.
Though the powers of the military occupant are absolute and supreme and
immediately operate upon the political condition of the inhabitants, the
municipal laws of the conquered territory, such as affect private rights
of person and property and provide for the punishment of crime, are
considered as continuing in force, so far as they are compatible with
the new order of things, until they are suspended or superseded by the
occupying belligerent; and in practice they are not usually abrogated,
but are allowed to remain in force and to be administered by the
ordinary tribunals substantially as they were before the occupation.
This enlightened practice is, so far as possible, to be adhered to on
the present occasion. The judges and the other officials connected with
the administration of justice may, if they accept the supremacy of the
United States, continue to administer the ordinary law of the land as
between man and man under the supervision of the American commander
in chief. The native constabulary will, so far as may be practicable,
be preserved. The freedom of the people to pursue their accustomed
occupations will be abridged only when it may be necessary to do so.
While the rule of conduct of the American commander in chief will be
such as has just been defined, it will be his duty to adopt measures
of a different kind if, unfortunately, the course of the people should
render such measures indispensable to the maintenance of law and order.
He will then possess the power to replace or expel the native officials
in part or altogether, to substitute new courts of his own constitution
for those that now exist, or to create such new or supplementary
tribunals as may be necessary. In the exercise of these high powers the
commander must be guided by his judgment and his experience and a high
sense of justice.
One of the most important and most practical problems with which it
will be necessary to deal is that of the treatment of property and the
collection and administration of the revenues. It is conceded that all
public funds and securities belonging to the government of the country
in its own right and all arms and supplies and other movable property of
such government may be seized by the military occupant and converted to
his own use. The real property of the state he may hold and administer,
at the same time enjoying the revenues thereof; but he is not to destroy
it save in the case of military necessity. All public means of
transportation, such as telegraph lines, cables, railways, and boats,
belonging to the state may be appropriated to his use, but unless in
case of military necessity they are not to be destroyed. All churches
and buildings devoted to religious worship and to the arts and sciences,
all schoolhouses, are, so far as possible, to be protected, and all
destruction or intentional defacement of such places, of historical
monuments or archives, or of works of science or art is prohibited
save when required by urgent military necessity.
Private property, whether belonging to individuals or corporations,
is to be respected, and can be confiscated only for cause. Means of
transportation, such as telegraph lines and cables, railways, and boats,
may, although they belong to private individuals or corporations, be
seized by the military occupant, but unless destroyed under military
necessity are not to be retained.
While it is held to be the right of the conqueror to levy contributions
upon the enemy in their seaports, towns, or provinces which may be in
his military possession by conquest, and to apply the proceeds to defray
the expenses of the war, this right is to be exercised within such
limitations that it may not savor of confiscation. As the result of
military occupation the taxes and duties payable by the inhabitants to
the former government become payable to the military occupant, unless he
sees fit to substitute for them other rates or modes of contribution to
the expenses of the government. The moneys so collected are to be used
for the purpose of paying the expenses of government under the military
occupation, such as the salaries of the judges and the police, and for
the payment of the expenses of the army.
Private property taken for the use of the army is to be paid for when
possible in cash at a fair valuation, and when payment in cash is not
possible receipts are to be given.
All ports and places in Cuba which may be in the actual possession of
our land and naval forces will be opened to the commerce of all neutral
nations, as well as our own, in articles not contraband of war, upon
payment of the prescribed rates of duty which may be in force at the
time of the importation.
WILLIAM McKINLEY.
WASHINGTON, D.C., _July 16, 1898_.
General SHAFTER,
_Commanding United States Forces, Santiago, Playa_:
The President of the United States sends to you and your brave army the
profound thanks of the American people for the brilliant achievements at
Santiago, resulting in the surrender of the city and all of the Spanish
troops and territory under General Toral. Your splendid command has
endured not only the hardships and sacrifices incident to campaign and
battle, but in stress of heat and weather has triumphed over obstacles
which would have overcome men less brave and determined. One and all
have displayed the most conspicuous gallantry and earned the gratitude
of the nation. The hearts of the people turn with tender sympathy to the
sick and wounded. May the Father of Mercies protect and comfort them.
WILLIAM McKINLEY.
EXECUTIVE MANSION, _Washington, July 21, 1898_.
In view of the occupation of Santiago de Cuba by the forces of the
United States, it is ordered that postal communication between the
United States and that port, which has been suspended since the opening
of hostilities with Spain, may be resumed, subject to such military
regulations as may be deemed necessary.
As other portions of the enemy's territory come into the possession of
the land and naval forces of the United States, postal communication may
be opened under the same conditions.
The domestic postal service within the territory thus occupied may be
continued on the same principles already indicated for the continuance
of the local municipal and judicial administration, and it maybe
extended as the local requirements may justify, under the supervision of
the military commander.
The revenues derived from such service are to be applied to the expenses
of conducting it, and the United States postage stamps are therefore to
be used.
The Postmaster-General is charged with the execution of this order in
cooperation with the military commander, to whom the Secretary of War
will issue the necessary directions.
WILLIAM McKINLEY.
EXECUTIVE MANSION, _Washington, August 6, 1898_.
_Ordered_, That the graves of our soldiers at Santiago shall be
permanently marked. The present marking will last but a short time, and
before its effacement occurs suitable and permanent markers should be
put up.
The Secretary of War is charged with the execution of this order.
WILLIAM McKINLEY.