Chapter V: Part 5
It is a gratifying fact that the result of these proceedings against the Union Pacific system and the Kansas Pacific line is that the Government has received on account of its subsidy claim the sum of $64,751,223.75, an increase of $18,997,163.76 over the sum which the reorganization committee originally agreed to bid for the joint property, the Government receiving its whole claim, principal and interest, on the Union Pacific, and the principal of its debt on the Kansas Pacific Railroad.
Steps had been taken to foreclose the Government's lien upon the Central Pacific Railroad Company, but before action was commenced Congress passed an act, approved July 7, 1898, creating a commission consisting of the Secretary of the Treasury, the Attorney-General, and the Secretary of the Interior, and their successors in office, with full power to settle the indebtedness to the Government growing out of the issue of bonds in aid of the construction of the Central Pacific and Western Pacific bond-aided railroads, subject to the approval of the President.
No report has yet been made to me by the commission thus created. Whatever action is had looking to a settlement of the indebtedness in accordance with the act referred to will be duly submitted to the Congress.
I deem it my duty to call to the attention of Congress the condition of the present building occupied by the Department of Justice. The business of that Department has increased very greatly since it was established in its present quarters. The building now occupied by it is neither large enough nor of suitable arrangement for the proper accommodation of the business of the Department. The Supervising Architect has pronounced it unsafe and unsuited for the use to which it is put. The Attorney-General in his report states that the library of the Department is upon the fourth floor, and that all the space allotted to it is so crowded with books as to dangerously overload the structure. The first floor is occupied by the Court of Claims. The building is of an old and dilapidated appearance, unsuited to the dignity which should attach to this important Department.
A proper regard for the safety, comfort, and convenience of the officers and employees would justify the expenditure of a liberal sum of money in the erection of, a new building of commodious proportions and handsome appearance upon the very advantageous site already secured for that purpose, including the ground occupied by the present structure and adjoining vacant lot, comprising in all a frontage of 201 feet on Pennsylvania avenue and a depth of 136 feet.
In this connection I may likewise refer to the inadequate accommodations provided for the Supreme Court in the Capitol, and suggest the wisdom of making provision for the erection of a separate building for the court and its officers and library upon available ground near the Capitol.
The postal service of the country advances with extraordinary growth. Within twenty years both the revenues and the expenditures of the Post-Office Department have multiplied threefold. In the last ten years they have nearly doubled. Our postal business grows much more rapidly than our population. It now involves an expenditure of $100,000,000 a year, numbers 73,000 post-offices, and enrolls 200,000 employees. This remarkable extension of a service which is an accurate index of the public conditions presents gratifying evidence of the advancement of education, of the increase of communication and business activity, and of the improvement of mail facilities leading to their constantly augmenting use.
The war with Spain laid new and exceptional labors on the Post-Office Department. The mustering of the military and naval forces of the United States required special mail arrangements for every camp and every campaign. The communication between home and camp was naturally eager and expectant. In some of the larger places of rendezvous as many as 50,000 letters a day required handling. This necessity was met by the prompt detail and dispatch of experienced men from the established force and by directing all the instrumentalities of the railway mail and post-office service, so far as necessary, to this new need. Congress passed an act empowering the Postmaster-General to establish offices or branches at every military camp or station, and under this authority the postal machinery was speedily put into effective operation.
Under the same authority, when our forces moved upon Cuba, Puerto Rico, and the Philippines they were attended and followed by the postal service. Though the act of Congress authorized the appointment of postmasters where necessary, it was early determined that the public interests would best be subserved, not by new designations, but by the detail of experienced men familiar with every branch of the service, and this policy was steadily followed. When the territory which was the theater of conflict came into our possession, it became necessary to reestablish mail facilities for the resident population as well as to provide them for our forces of occupation, and the former requirement was met through the extension and application of the latter obligation. I gave the requisite authority, and the same general principle was applied to this as to other branches of civil administration under military occupation. The details are more particularly given in the report of the Postmaster-General, and, while the work is only just begun, it is pleasing to be able to say that the service in the territory which has come under our control is already materially improved.
The following recommendations of the Secretary of the Navy relative to the increase of the Navy have my earnest approval:
1. Three seagoing sheathed and coppered battle ships of about 13,500 tons trial displacement, carrying the heaviest armor and most powerful ordnance for vessels of their class, and to have the highest practicable speed and great radius of action. Estimated cost, exclusive of armor and armament, $3,600,000 each.
2. Three sheathed and coppered armored cruisers of about 12,000 tons trial displacement, carrying the heaviest armor and most powerful ordnance for vessels of their class, and to have the highest practicable speed and great radius of action. Estimated cost, exclusive of armor and armament, $4,000,000 each.
3. Three sheathed and coppered protected cruisers of about 6,000 tons trial displacement, to have the highest practicable speed and great radius of action, and to carry the most powerful ordnance suitable for vessels of their class. Estimated cost, exclusive of armor and armament, $2,150,000 each.
4. Six sheathed and coppered cruisers of about 2,500 tons trial displacement, to have the highest speed compatible with good cruising qualities, great radius of action, and to carry the most powerful ordnance suited to vessels of their class. Estimated cost, exclusive of armament, $1,141,800 each.
I join with the Secretary of the Navy in recommending that the grades of admiral and vice-admiral be temporarily revived, to be filled by officers who have specially distinguished themselves in the war with Spain.
I earnestly urge upon Congress the importance of early legislation providing for the taking of the Twelfth Census. This is necessary in view of the large amount of work which must be performed in the preparation of the schedules preparatory to the enumeration of the population.
There were on the pension rolls on June 30, 1898, 993,714 names, an increase of nearly 18,000 over the number on the rolls on the same day of the preceding year. The amount appropriated by the act of December 22, 1896, for the payment of pensions for the fiscal year of 1898 was $140,000,000. Eight million seventy thousand eight hundred and seventy-two dollars and forty-six cents was appropriated by the act of March 31, 1898, to cover deficiencies in army pensions, and repayments in the sum of $12,020.33, making a total of $148,082,892.79 available for the payment of pensions during the fiscal year 1898. The amount disbursed from that sum was $144,651,879.80, leaving a balance of $3,431,012.99 unexpended on the 30th of June, 1898, which was covered into the Treasury. There were 389 names added to the rolls during the year by special acts passed at the second session of the Fifty-fifth Congress, making a total of 6,486 pensioners by Congressional enactments since 1861.
The total receipts of the Patent Office during the past year were $1,253,948.44. The expenditures were $1,081,633.79, leaving a surplus of $172,314.65.
The public lands disposed of by the Government during the year reached 8,453,896.92 acres, an increase of 614,780.26 acres over the previous year. The total receipts from public lands during the fiscal year amounted to $2,277,995.18, an increase of $190,063.90 over the preceding year. The lands embraced in the eleven forest reservations which were suspended by the act of June 4, 1897, again became subject to the operations of the proclamations of February 22, 1897, creating them, which added an estimated amount of 19,951,360 acres to the area embraced in the reserves previously created. In addition thereto two new reserves were created during the year--the Pine Mountain and Zaca Lake Reserve, in California, embracing 1,644,594 acres, and the Prescott Reserve, in Arizona, embracing 10,240 acres--while the Pecos River Reserve, in New Mexico, has been changed and enlarged to include 120,000 additional acres.
At the close of the year thirty forest reservations, not including those of the Afognak Forest and the Fish-Culture Reserve, in Alaska, had been created by Executive proclamations under section 24 of the act of March 3, 1891, embracing an estimated area of 40,719,474 acres.
The Department of the Interior has inaugurated a forest system, made possible by the act of July, 1898, for a graded force of officers in control of the reserves. This system has only been in full operation since August, but good results have already been secured in many sections. The reports received indicate that the system of patrol has not only prevented destructive fires from gaining headway, but has diminished the number of fires.
The special attention of the Congress is called to that part of the report of the Secretary of the Interior in relation to the Five Civilized Tribes. It is noteworthy that the general condition of the Indians shows marked progress. But one outbreak of a serious character occurred during the year, and that among the Chippewa Indians of Minnesota, which happily has been suppressed.
While it has not yet been practicable to enforce all the provisions of the act of June 28, 1898, "for the protection of the people of the Indian Territory, and for other purposes," it is having a salutary effect upon the nations composing the five tribes. The Dawes Commission reports that the most gratifying results and greater advance toward the attainment of the objects of the Government have been secured in the past year than in any previous year. I can not too strongly indorse the recommendation of the commission and of the Secretary of the Interior for the necessity of providing for the education of the 30,000 white children resident in the Indian Territory.
The Department of Agriculture has been active in the past year. Explorers have been sent to many of the countries of the Eastern and Western hemispheres for seeds and plants that may be useful to the United States, and with the further view of opening up markets for our surplus products. The Forestry Division of the Department is giving special attention to the treeless regions of our country and is introducing species specially adapted to semiarid regions. Forest fires, which seriously interfere with production, especially in irrigated regions, are being studied, that losses from this cause may be avoided. The Department is inquiring into the use and abuse of water in many States of the West, and collating information regarding the laws of the States, the decisions of the courts, and the customs of the people in this regard, so that uniformity may be secured. Experiment stations are becoming more effective every year. The annual appropriation of $720,000 by Congress is supplemented by $400,000 from the States. Nation-wide experiments have been conducted to ascertain the suitableness as to soil and climate and States for growing sugar beets. The number of sugar factories has been doubled in the past two years, and the ability of the United States to produce its own sugar from this source has been clearly demonstrated.
The Weather Bureau forecast and observation stations have been extended around the Caribbean Sea, to give early warning of the approach of hurricanes from the south seas to our fleets and merchant marine.
In the year 1900 will occur the centennial anniversary of the founding of the city of Washington for the permanent capital of the Government of the United States by authority of an act of Congress approved July 16, 1790. In May, 1800, the archives and general offices of the Federal Government were removed to this place. On the 17th of November, 1800, the National Congress met here for the first time and assumed exclusive control of the Federal district and city. This interesting event assumes all the more significance when we recall the circumstances attending the choosing of the site, the naming of the capital in honor of the Father of his Country, and the interest taken by him in the adoption of plans for its future development on a magnificent scale.
These original plans have been wrought out with a constant progress and a signal success even beyond anything their framers could have foreseen. The people of the country are justly proud of the distinctive beauty and government of the capital and of the rare instruments of science and education which here find their natural home.
A movement lately inaugurated by the citizens to have the anniversary celebrated with fitting ceremonies, including, perhaps, the establishment of a handsome permanent memorial to mark so historical an occasion and to give it more than local recognition, has met with general favor on the part of the public.
I recommend to the Congress the granting of an appropriation for this purpose and the appointment of a committee from its respective bodies. It might also be advisable to authorize the President to appoint a committee from the country at large, which, acting with the Congressional and District of Columbia committees, can complete the plans for an appropriate national celebration.
The alien contract law is shown by experience to need some amendment; a measure providing better protection for seamen is proposed; the rightful application of the eight-hour law for the benefit of labor and of the principle of arbitration are suggested for consideration; and I commend these subjects to the careful attention of the Congress.
The several departmental reports will be laid before you. They give in great detail the conduct of the affairs of the Government during the past year and discuss many questions upon which the Congress may feel called upon to act.
WILLIAM McKINLEY.
[Footnote 12: See pp. 127-136.] [Footnote 13: pp. 139-150.] [Footnote 14: See pp. 202-203.] [Footnote 15: See pp. 203-204.] [Footnote 16: See pp. 153-155.] [Footnote 17: See p. 201.] [Footnote 18: See p. 155.] [Footnote 19: See pp. 204-205.] [Footnote 20: See pp. 203-204.] [Footnote 21: See pp. 205-206.] [Footnote 22: See pp. 206-207.] [Footnote 23: See Vol. VIII, pp. 501-503.]
AN ACT declaring that war exists between the United States of America and the Kingdom of Spain.
_Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled_, First. That war be, and the same is hereby, declared to exist, and that war has existed since the 21st day of April, A.D. 1898, including said day, between the United States of America and the Kingdom of Spain.
Second. 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 this act into effect.
Approved, April 25, 1898.
EXECUTIVE MANSION, _Washington, February 10, 1899_.
_To the Senate and House of Representatives_:
As a consequence of the ratification of the treaty of peace between the United States and Spain and its expected ratification by the Spanish Government, the United States will come into possession of the Philippine Islands, on the farther shores of the Pacific. The Hawaiian Islands and Guam becoming United States territory and forming convenient stopping places on the way across the sea, the necessity for speedy cable communication between the United States and all these Pacific islands has become imperative.
Such communication should be established in such a way as to be wholly under the control of the United States, whether in time of peace or of war. At present the Philippines can be reached only by cables which pass through many foreign countries, and the Hawaiian Islands and Guam can only be communicated with by steamers, involving delays in each instance of at least a week. The present conditions should not be allowed to continue for a moment longer than is absolutely necessary.
So long ago as 1885 reference was made in an Executive message to Congress to the necessity for cable communication between the United States and Hawaii. This necessity has greatly increased since then. The question has been discussed in the Fifty-second, Fifty-fourth, and Fifty-fifth Congresses, in each of which some effort has been made looking toward laying a cable at least as far as the Hawaiian Islands. The time has now arrived when a cable in the Pacific must extend at least as far as Manila, touching at the Hawaiian Islands and Guam on the way.
Two methods of establishing this cable communication at once suggest themselves: First, construction and maintenance of such a cable by and at the expense of the United States Government, and, second, construction and maintenance of such a cable by a private United States corporation, under such safeguards as Congress shall impose.
I do not make any recommendations to Congress as to which of these methods would be the more desirable. A cable of the length of that proposed requires so much time for construction and laying that it is estimated that at least two years must elapse after giving the order for the cable before the entire system could be successfully laid and put in operation. Further deep-sea soundings must be taken west of the Hawaiian Islands before the final route for the cable can be selected. Under these circumstances it becomes a paramount necessity that measures should be taken before the close of the present Congress to provide such means as may seem most suitable for the establishment of a cable system.
I commend the whole subject to the careful consideration of the Congress and to such prompt action as may seem advisable.
WILLIAM McKINLEY.
PROCLAMATIONS.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by a joint resolution passed by the Congress and approved April 20, 1898,[24] and communicated to the Government of Spain, it was demanded that said Government at once relinquish its authority and government in the island of Cuba and withdraw its land and naval forces from Cuba and Cuban waters, and the President of the United States was 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 might be necessary to carry said resolution into effect; and
Whereas in carrying into effect said resolution the President of the United States deems it necessary to set on foot and maintain a blockade of the north coast of Cuba, including all ports on said coast between Cardenas and Bahia Honda, and the port of Cienfuegos, on the south coast of Cuba:
Now, therefore, I, William McKinley, President of the United States, in order to enforce the said resolution, do hereby declare and proclaim that the United States of America have instituted and will maintain a blockade of the north coast of Cuba, including ports on said coast between Cardenas and Bahia Honda, and the port of Cienfuegos, on the south coast of Cuba, aforesaid, in pursuance of the laws of the United States and the law of nations applicable to such cases. An efficient force will be posted so as to prevent the entrance and exit of vessels from the ports aforesaid. Any neutral vessel approaching any of said ports or attempting to leave the same without notice or knowledge of the establishment of such blockade will be duly warned by the commander of the blockading forces, who will indorse on her register the fact and the date of such warning, where such indorsement was made; and if the same vessel shall again attempt to enter any blockaded port she will be captured and sent to the nearest convenient port for such proceedings against her and her cargo as prize as may be deemed advisable.
Neutral vessels lying in any of said ports at the time of the establishment of such blockade will be allowed thirty days to issue therefrom. In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 22d day of April, A.D. 1898, and of the Independence of the United States the one hundred and twenty-second.
WILLIAM McKINLEY.
By the President:
JOHN SHERMAN,
_Secretary of State_.
[Footnote 24: See p. 155.]
BY THE PRESIDENT OF THE UNITED STATES.
A PROCLAMATION.
Whereas a joint resolution of Congress was approved on the 20th day of April, 1898,[25] entitled "Joint resolution for the recognition of the independence of the people of Cuba, demanding that the Government of Spain relinquish its authority and government in the island of Cuba and to withdraw its land and naval forces from Cuba and Cuban waters, and directing the President of the United States to use the land and naval forces of the United States to carry these resolutions into effect;" and
Whereas by an act of Congress entitled "An act to provide for temporarily increasing the military establishment of the United States in time of war, and for other purposes," approved April 22, 1898, the President is authorized, in order to raise a volunteer army, to issue his proclamation calling for volunteers to serve in the Army of the United States:
Now, therefore, I, William McKinley, President of the United States, by virtue of the power vested in me by the Constitution and the laws, and deeming sufficient occasion to exist, have thought fit to call forth, and hereby do call forth, volunteers to the aggregate number of 125,000 in order to carry into effect the purpose of the said resolution, the same to be apportioned, as far as practicable, among the several States and Territories and the District of Columbia according to population and to serve for two years unless sooner discharged. The details for this object will be immediately communicated to the proper authorities through the War Department.
In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 23d day of April, A.D. 1898, and of the Independence of the United States the one hundred and twenty-second.
WILLIAM McKINLEY.
By the President:
JOHN SHERMAN,
_Secretary of State_.
[Footnote 25: See p. 155.]
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by an act of Congress approved April 25, 1898,[26] it is declared that war exists and that war has existed since the 21st day of April, A.D. 1898, including said day, between the United States of America and the Kingdom of Spain; and
Whereas, it being desirable that such war should be conducted upon principles in harmony with the present views of nations and sanctioned by their recent practice, it has already been announced that the policy of this Government will be not to resort to privateering, but to adhere to the rules of the Declaration of Paris:
Now, therefore, I, William McKinley, President of the United States of America, by virtue of the power vested in me by the Constitution and the laws, do hereby declare and proclaim:
1. The neutral flag covers enemy's goods with the exception of contraband of war.
2. Neutral goods not contraband of war are not liable to confiscation under the enemy's flag.
3. Blockades in order to be binding must be effective.
4. Spanish merchant vessels in any ports or places within the United States shall be allowed till May 21, 1898, inclusive, for loading their cargoes and departing from such ports or places; and such Spanish merchant vessels, if met at sea by any United States ship, shall be permitted to continue their voyage if on examination of their papers it shall appear that their cargoes were taken on board before the expiration of the above term: _Provided_, That nothing herein contained shall apply to Spanish vessels having on board any officer in the military or naval service of the enemy, or any coal (except such as may be necessary for their voyage), or any other article prohibited or contraband of war, or any dispatch of or to the Spanish Government.
5. Any Spanish merchant vessel which prior to April 21, 1898, shall have sailed from any foreign port bound for any port or place in the United States shall be permitted to enter such port or place and to discharge her cargo, and afterwards forthwith to depart without molestation; and any such vessel, if met at sea by any United States ship, shall be permitted to continue her voyage to any port not blockaded.
6. The right of search is to be exercised with strict regard for the rights of neutrals, and the voyages of mail steamers are not to be interfered with except on the clearest grounds of suspicion of a violation of law in respect of contraband or blockade.
In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
[SEAL.]
Done at the city of Washington on the 26th day of April, A.D. 1898, and of the Independence of the United States the one hundred and twenty-second.
WILLIAM McKINLEY.
By the President:
ALVEY A. ADEE,
_Acting Secretary of State_.
[Footnote 26: See p. 201.]
BY THE PRESIDENT OF THE UNITED STATES.
A PROCLAMATION.
Whereas an act of Congress was approved on the 25th day of April, 1898,[27] entitled "An act declaring that war exists between the United States of America and the Kingdom of Spain;" and
Whereas by an act of Congress entitled "An act to provide for temporarily increasing the military establishment of the United States in time of war and for other purposes," approved April 22, 1898, the President is authorized, in order to raise a volunteer army, to issue his proclamation calling for volunteers to serve in the Army of the United States:
Now, therefore, I, William McKinley, President of the United States, by virtue of the power vested in me by the Constitution and the laws, and deeming sufficient occasion to exist, have thought fit to call forth, and hereby do call forth, volunteers to the aggregate number of 75,000 in addition to the volunteers called forth by my proclamation of the 23d of April, in the present year,[28] the same to be apportioned, as far as practicable, among the several States and Territories and the District of Columbia according to population and to serve for two years unless sooner discharged. The proportion of each arm and the details of enlistment and organization will be made known through the War Department. In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 25th day of May, A.D. 1898, and of the Independence of the United States the one hundred and twenty-second.
WILLIAM McKINLEY.
By the President:
WILLIAM R. DAY,
_Secretary of State_.
[Footnote 27: See p. 201.]
[Footnote 28: See pp. 203-204.]
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas, for the reasons set forth in my proclamation of April 22, 1898,[29] a blockade of the ports on the northern coast of Cuba from Cardenas to Bahia Honda, inclusive, and of the port of Cienfuegos, on the south coast of Cuba, was declared to have been instituted; and
Whereas it has become desirable to extend the blockade to other Spanish ports:
Now, therefore, I, William McKinley, President of the United States, do hereby declare and proclaim that in addition to the blockade of the ports specified in my proclamation of April 22, 1898, the United States of America has instituted and will maintain an effective blockade of all the ports on the south coast of Cuba from Cape Frances to Cape Cruz, inclusive, and also of the port of San Juan, in the island of Puerto Rico.
Neutral vessels lying in any of the ports to which the blockade is by the present proclamation extended will be allowed thirty days to issue therefrom with cargo.
In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 27th day of June, A.D. 1898, and of the Independence of the United States the one hundred and twenty-second.
WILLIAM McKINLEY.
By the President:
J.B. MOORE,
_Acting Secretary of State_.
[Footnote 29: See pp. 202-203.]
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by a protocol concluded and signed August 12, 1898[30] by William R. Day, Secretary of State of the United States, and His Excellency Jules Cambon, ambassador extraordinary and plenipotentiary of the Republic of France at Washington, respectively representing for this purpose the Government of the United States and the Government of Spain, the United States and Spain have formally agreed upon the terms on which negotiations for the establishment of peace between the two countries shall be undertaken; and
Whereas it is in said protocol agreed that upon its conclusion and signature hostilities between the two countries shall be suspended and that notice to that effect shall be given as soon as possible by each Government to the commanders of its military and naval forces:
Now, therefore, I, William McKinley, President of the United States, do, in accordance with the stipulations of the protocol, declare and proclaim on the part of the United States a suspension of hostilities and do hereby command that orders be immediately given through the proper channels to the commanders of the military and naval forces of the United States to abstain from all acts inconsistent with this proclamation.
In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 12th day of August, A.D. 1898, and of the Independence of the United States the one hundred and twenty-third.
WILLIAM McKINLEY.
By the President:
WILLIAM R. DAY,
_Secretary of State_.
[Footnote 30: See p. 174.]
BY THE PRESIDENT OF THE UNITED STATES.
A PROCLAMATION.
The approaching November brings to mind the custom of our ancestors, hallowed by time and rooted in our most sacred traditions, of giving thanks to Almighty God for all the blessings He has vouchsafed to us during the year.
Few years in our history have afforded such cause for thanksgiving as this. We have been blessed by abundant harvests; our trade and commerce have wonderfully increased; our public credit has been improved and strengthened; all sections of our common country have been brought together and knitted into closer bonds of national purpose and unity.
The skies have been for a time darkened by the cloud of war, but as we were compelled to take up the sword in the cause of humanity we are permitted to rejoice that the conflict has been of brief duration and the losses we have had to mourn, though grievous and important, have been so few, considering the great results accomplished, as to inspire us with gratitude and praise to the Lord of Hosts. We may laud and magnify His holy name that the cessation of hostilities came so soon as to spare both sides the countless sorrows and disasters that attend protracted war.
I do therefore invite all my fellow-citizens, as well those who may be at sea or sojourning in foreign lands as those at home, to set apart and observe Thursday, the 24th day of November, as a day of national thanksgiving, to come together in their several places of worship for a service of praise and thanks to Almighty God for all the blessings of the year, for the mildness of the seasons and the fruitfulness of the soil, for the continued prosperity of the people, for the devotion and valor of our countrymen, for the glory of our victory and the hope of a righteous peace, and to pray that the divine guidance which has brought us heretofore to safety and honor may be graciously continued in the years to come.
In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 28th day of October, A.D. 1898, and of the Independence of the United States the one hundred and twenty-third.
WILLIAM McKINLEY.
By the President:
JOHN HAY,
_Secretary of State_.
EXECUTIVE ORDERS.
EXECUTIVE MANSION, _Washington, May 7, 1898_.
DEWEY,
_Care American Consul, Hongkong_:
The President, in the name of the American people, thanks you and your officers and men for your splendid achievement and overwhelming victory.
In recognition he has appointed you acting rear-admiral and will recommend a vote of thanks to you by Congress as a foundation for further promotion.
LONG.
EXECUTIVE MANSION, _Washington, May 19, 1898_.
The SECRETARY OF WAR.
SIR: The destruction of the Spanish fleet at Manila, followed by the taking of the naval station at Cavite, the paroling of the garrisons, and the acquisition of the control of the bay, has rendered it necessary, in the further prosecution of the measures adopted by this Government for the purpose of bringing about an honorable and durable peace with Spain, to send an army of occupation to the Philippines for the twofold purpose of completing the reduction of the Spanish power in that quarter and of giving order and security to the islands while in the possession of the United States. For the command of this expedition I have designated Major-General Wesley Merritt, and it now becomes my duty to give instructions as to the manner in which the movement shall be conducted.
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 people of the Philippines 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 expedition, immediately upon his arrival in the islands, to publish a proclamation declaring that we come not to make war upon the people of the Philippines, 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 authority 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 the commander of the expedition will have 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 the use of this Government. 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 as hereafter indicated. 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 a 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.
In order that there may be no conflict of authority between the army and the navy in the administration of affairs in the Philippines, you are instructed to confer with the Secretary of the Navy so far as necessary for the purpose of devising measures to secure the harmonious action of those, two branches of the public service.
I will give instructions to the Secretary of the Treasury to make a report to me upon the subject of the revenues of the Philippines, with a view to the formulation of such revenue measures as may seem expedient. All ports and places in the Philippines which may be in the actual possession of our land and naval forces will be opened, while our military occupation may continue, to the commerce of all neutral nations, as well as our own, in articles not contraband of war, and upon payment of the prescribed rates of duty which may be in force at the time of the importation.
WILLIAM McKINLEY.
EXECUTIVE MANSION, _Washington, May 19, 1898_.
The SECRETARY OF THE TREASURY.
SIR: The destruction of the Spanish fleet at Manila, followed by the taking of the naval station at Cavite, the paroling of the garrisons, and the acquisition of the control of the bay, has rendered it necessary, in the further prosecution of the measures adopted by this Government for the purpose of bringing about an honorable and durable peace with Spain, to send an army of occupation to the Philippines for the twofold purpose of completing the reduction of the Spanish power in that quarter and of giving to the islands order and security while in the possession of the United States. For the command of this expedition I have designated Major-General Wesley Merritt, and it now becomes my duty to give instructions as to the manner in which the movement shall be conducted.
It is held to be the right to levy contributions upon the enemy in all places which may be in military possession by conquest, and to apply the proceeds to defray the cost of the war, including the expenses of government during the military occupation. It is desirable, however, and in accordance with the views of modern civilization, to confine the exercise of this power, so far as possible, to the collection of such contributions as are equivalent to the duties and taxes already established in the territory. I have determined to order that all ports or places in the Philippines which may be in the actual possession of our land and naval forces by conquest shall be opened, while our military occupation may continue, to the commerce of all neutral nations, as well as our own, in articles not contraband of war, upon payment of the rates of duty which may be in force at the time when the goods are imported. In the execution of this policy it may be advisable to substitute new rates of duty and new taxes for those now levied in the Philippines. You are therefore instructed to examine the existing Spanish laws in relation to duties and taxes, and to report to me such recommendations as you may deem it proper to make with respect either to the rates of duties and taxes or to the regulations which should be adopted for their imposition and collection.
As the levy of all contributions in territory occupied by a belligerent is a military right derived from the law of nations, the collection and distribution of duties and taxes in the Philippines during the military occupation of the United States will be made, under the orders of the Secretary of War and the Secretary of the Navy, by the military or naval commanders, as the case may be, of the ports or places which may be in the possession of our forces. Your report is desired in order that I may be able to give the proper directions to the Department of War and of the Navy.
WILLIAM McKINLEY.
EXECUTIVE MANSION, _Washington, May 19, 1898_.
The SECRETARY OF THE NAVY.
SIR: The destruction of the Spanish fleet at Manila, followed by the taking of the naval station at Cavite, the paroling of the garrisons, and the acquisition of the control of the bay, has rendered it necessary, in the further prosecution of the measures adopted by this Government for the purpose of bringing about an honorable and durable peace with Spain, to send an army of occupation to the Philippines for the twofold purpose of completing the reduction of the Spanish power in that quarter and of giving to the islands order and security while in the possession of the United States. For the command of this expedition I have designated Major-General Wesley Merritt, and it now becomes my duty to give instructions as to the manner in which the movement shall be conducted.
I inclose herewith a copy of an order which I have this day addressed to the Secretary of War, setting forth the principles on which the occupation of the Philippines is to be carried out.[31] You are instructed to confer with the Secretary of War in order that measures may be devised by which any conflict of authority between the officers of our army and navy in the Philippines may be avoided.
I have given instructions to the Secretary of the Treasury to examine the subject of the duties and taxes imposed by Spain in the Philippines and to report to me any recommendations which he may deem it proper to make in regard to the revenues of the islands.[32] I have informed him, however, that the collection and disbursement of the duties and taxes collected there will, as a measure of military right derived from the law of nations, be made, under the orders of the Secretary of War and the Secretary of the Navy, by our military or naval commanders, as the case may be, at the ports or places which may be in possession of our forces.
WILLIAM McKINLEY.
[Footnote 31: See pp. 208-211.]
[Footnote 32: See pp. 211-212.]
EXECUTIVE MANSION, _Washington, July 4, 1898._
Admiral SAMPSON,
_Playa del Este, Cuba_:
You have the gratitude and congratulations of the whole American people. Convey to your noble officers and crews, through whose valor new honors have been added to the American Navy, the grateful thanks and appreciation of the nation.
WILLIAM McKINLEY.
THE PRESIDENT'S ADDRESS TO THE PEOPLE FOR THANKSGIVING AND PRAYER.
EXECUTIVE MANSION, _Washington, July 6, 1898._
_To the People of the United States of America_:
At this time, when to the yet fresh remembrance of the unprecedented success which attended the operations of the United States fleet in the bay of Manila on the 1st day of May last are added the tidings of the no less glorious achievements of the naval and military arms of our beloved country at Santiago de Cuba, it is fitting that we should pause and, staying the feeling of exultation that too naturally attends great deeds wrought by our countrymen in our country's cause, should reverently bow before the throne of divine grace and give devout praise to God, who holdeth the nations in the hollow of His hands and worketh upon them the marvels of His high will, and who has thus far vouchsafed to us the light of His face and led our brave soldiers and seamen to victory.
I therefore ask the people of the United States, upon next assembling for divine worship in their respective places of meeting, to offer thanksgiving to Almighty God, who in His inscrutable ways, now leading our hosts upon the waters to unscathed triumph; now guiding them in a strange land, through the dread shadows of death, to success, even though at a fearful cost; now bearing them, without accident or loss, to far distant climes, has watched over our cause and brought nearer the success of the right and the attainment of just and honorable peace.
With the nation's thanks let there be mingled the nation's prayers that our gallant sons may be shielded from harm alike on the battlefield and in the clash of fleets, and be spared the scourge of suffering and disease while they are striving to uphold their country's honor; and withal let the nation's heart be stilled with holy awe at the thought of the noble men who have perished as heroes die, and be filled with compassionate sympathy for all those who suffer bereavement or endure sickness, wounds, and bonds by reason of the awful struggle. And above all, let us pray with earnest fervor that He, the Dispenser of All Good, may speedily remove from us the untold afflictions of war and bring to our dear land the blessings of restored peace and to all the domain now ravaged by the cruel strife the priceless boon of security and tranquillity.
WILLIAM McKINLEY.
WASHINGTON, D.C., _July 8, 1898_.
General SHAFTER,
_Playa, Cuba_:
Telegram which it appears you did not receive read as follows:
The President directs me to say you have the gratitude and thanks of the nation for the brilliant and effective work of your noble army in the fight of July 1. The sturdy valor and heroism of officers and men fill the American people with pride. The country mourns the brave men who fell in battle. They have added new names to our roll of heroes.
R.A. ALGER, _Secretary of War_.
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.
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