EXECUTIVE MANSION, _Washington, July 13,1898._

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the new order of things, until they are suspended or superseded by the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.

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