Chapter XXXV: Section III: of article 111 of the federal constitution is (3)

CUBA: A. D. 1898-1899 (December-October).
Organization of military government under
United States authority.
Report of the military governor, on conditions prevailing,
measures adopted, and results obtained.

On the 13th of December, 1898, the following General Order was
issued by the Secretary of War:

"By direction of the President, a division to be known as the
Division of Cuba, consisting of the geographical departments
and provinces of the island of Cuba, with headquarters in the
city of Habana, is hereby created, under command of Major
General John R. Brooke, U. S. A., who, in addition to command
of the troops in the division, will exercise the authority of
military governor of the island. Major General Fitzhugh Lee,
U. S. V., commanding the Seventh Army Corps, is assigned to
the immediate command of all the troops in the province of
Habana. Major General William Ludlow, U. S. V., is designated
as the military governor of the city of Habana, and will
report direct to the division commander. He is charged with
all that relates to collection and disbursement of revenues of
the port and city, and its police, sanitation, and general
government, under such regulations as may be prescribed by the
President."

{183}

General Brooke arrived at Havana on the 28th of December and
assumed the command of the troops and the military
governorship of the island. In his subsequent report (October
1, 1899) of conditions then existing, proceedings taken,
events occurring and results attained, he wrote: "It was found
that considerable confusion incident to the withdrawal of the
Spanish troops and replacing them with the United States
troops existed, but no untoward event occurred, however, as
every precaution was taken to maintain order. The gradual
withdrawal of the Spanish troops and the advance of the United
States troops continued, until the morning of the 1st of
January, 1899, found but few Spanish troops in the city, and
these went on board transports, which movement was completed
about 12.30 p. m. Outside of the principal towns the retiring
Spanish army was closely followed by the Cuban army, which
took charge of the towns and country, maintaining order, and,
generally, performing police duty. This state of affairs
continued, substantially, until the final disbandment of that
army. The disbandment of the Cuban army was commenced in
November, 1898, but only such as could procure work, or were
anxious to resume their former vocations, seem to have taken
advantage of the 'licencia' (furlough) which was given to
many. A large part of the army was held together on various
pretexts until the distribution of the $3,000,000 [allotted
for distribution to the Cuban army, to enable the soldiers to
return to their homes], and the giving up of their arms
effected a final disbandment. During the time the army was
held together as an organized body the police duties performed
seemed to be well done and order was preserved. The spectacle
of an army of, according to the rolls, 48,000 men being
peacefully dispersed among the people has for its prototype
the disappearance of the great volunteer army of the United
States in 1865. In neither case has there been any great
disturbance, as was feared in both cases, and particularly so
as regards the Cuban army. The small attempts at brigandage
were quickly suppressed, the lawbreakers placed in prison, and
the courts are now hearing their cases.

"On January 1, 1899, a division of the Seventh Army Corps,
under the command of General Fitzhugh Lee, General Keifer's
division, was brought to the city, and, with the regiments on
duty in Habana under the command of General William Ludlow,
were so placed as to insure good order during the ceremonies
of the relinquishment of sovereignty by Spain, which occurred
in the Governor-General's palace at 12 o'clock noon, where
were assembled the Captain-General and his staff, the United
States commission with its officers, the American military
governor with his staff, Major General Fitzhugh Lee, Major
General William Ludlow, Major General J. Warren Keifer, and
their staffs, and nine Cuban generals as his guests. This
ceremony was simple in its character, though very impressive,
consisting of a formal speech by the Spanish Governor-General,
which was replied to by General Wade, the chairman of the
United States evacuation commission, who, in concluding his
remarks, turned to the military governor and transferred the
island of Cuba to him, who, thereupon, entered upon the full
exercise of his duty as the military governor of Cuba. Of
course, the gathering into his hands of all the duties of his
office took time. The desire of a large body of the Cuban army
to take part on the 1st of January in the ceremonies of the
relinquishment of sovereignty by Spain was reported verbally,
by General Ludlow, and he was informed that the danger to life
and property was too great, and that the celebration must be
postponed to a time when the excitement had cooled off and the
passions of the people could be under control. This
celebration afterwards took place on the arrival in the city
of General Maximo Gomez, Commander in Chief of the Cuban
forces, on February 24. General Ludlow was directed to meet
General Gomez at the city limits and show him every courtesy
possible. The Quinta de los Molinos, the summer residence of
the Governor-General, was placed at his disposal, and for
several months he, with his staff and escort, occupied the
houses and grounds as the guests of this Government. The civil
bureaus of the Governor-Generalcy were taken over by officers
of the military governor's staff, and held by them until the
proper civil officials could be selected and appointed. …

"In reaching this stage on the highway of progress toward the
establishment of government through civil channels, many
obstacles have been overcome, the most serious being the very
natural distrust of the people, which was born and nurtured
under the system of the preceding government, and was
particularly the effect of the wars which these people waged
in their effort to improve their condition. It is believed
that this distrust has given way to confidence in the minds of
a majority of the people, and that they are generally
beginning to see that the government, as administered by the
United States, is for them and for their benefit. It is proper
at this time to speak of the condition of the people and the
country as it existed at the time of the relinquishment of
sovereignty by Spain. A large number of the people were found
to be actually starving. Efforts were immediately made to
supply food, which the War Department sent, all told,
5,493,500 Cuban rations, in addition to the 1,000,000 rations
distributed by Mr. Gould, and these were sent into the country
and distributed under the direction of the commanding generals
of departments, through such agencies as they established;
while in the cities the distribution was generally conducted
by an officer of the Army. The result of this action was the
immediate lowering of the death rate, the restoration to
health of the sick, and a general change for the better was
soon apparent. Medicines were also supplied for the sick with
most beneficial results. Employment was given to those who
could work, and they were paid weekly, so that they might have
money to buy food. In fact, no effort was spared to relieve the
terrible condition in which so many thousand people were
found. …

{184}

"Turning to the present conditions, we have in view such a
change that the progress seems incredible. A great part of the
improvement dates from the month of May, when the muster out
of the Cuban army removed a great source of distrust. The
extent to which have been carried the cultivation of the
fields, the reconstruction of homes, the re-establishment of
order and public service, especially in the matter of hygiene
in the towns, is something wonderful. … The question of
finance, as relates to the restoration of crippled and
destroyed agricultural industries, is one which has occupied a
great deal of attention on the part of this government. It is
evident that assistance in the way of repairing the roads and
bridges, as well as to municipalities in their present
impoverished conditions, is a necessity, and the most pressing
wants in this direction have been met by granting money from
the revenues of the island. There is every reason to hope that
the municipal revenues will meet all requirements as soon as
agriculture is again on its feet, and there will, doubtless,
be some changes in the present tax law made. In this
connection, it is well to know that planters and small farmers
in the tobacco growing districts are rapidly recovering from
their forlorn condition. The quick growing crop and the
remunerative prices have enabled them to restore, in a
measure, the lost cattle, mules, and implements necessary to
the farmers. There is, also, a desire to use labor-saving
devices, which are now being slowly introduced. …

"The quiet severance of church and state has been effected by
the fact of the Government of the United States being in
control. Certain changes have already been made in the laws,
and others will follow in due course; this without violating
the legal rights of the Roman Catholic Church, which was the
only religious denomination tolerated in the island, except a
small body of Baptists. The important subject of schools is
now approaching a solution. The present system will be
improved upon, but it will require time to develop fully a
good school system throughout the island. There are no
school-houses, and under present conditions there can be none
built for some time to come. It is hoped that a manual
training school will be opened as soon as certain repairs and
changes can be made in the Spanish barracks at Santiago de las
Vegas, a short distance south of Habana, in which about 600 of
both sexes can receive instruction at one time. This form of
instruction is more important, under the conditions found to
exist, than the ordinary instruction given in the other
schools. As conditions improve, an opportunity can be given to
increase the number of these schools, and by their means
introduce modern methods more rapidly than by other systems."

_General John R. Brooke,
Civil Report, October 1, 1899
(Message and Documents: Abridgment, 1899-1900,
volume 2, pages 1266-1276)._

General Fitzhugh Lee reported, September 19, 1899, on the
state of things in the province of Havana, as follows: "I
assumed command of the department of the province of Habana
January 1, 1899, and of the province of Pinar del Rio April
19, 1899. The deplorable condition of the island after it was
evacuated by the Spanish is well known. Business of all sorts
was suspended. Agricultural operations had ceased; large sugar
estates, with their enormous and expensive machinery, were
destroyed; houses burned: stock driven off for consumption by
the Spanish troops, or killed. There was scarcely an ox left
to pull a plow, had there been a plow left. Not a pig had been
left in the pen, nor a hen to lay an egg for the poor,
destitute people who still held on to life, most of them sick,
weary, and weak. Miles and miles of country uninhabited either
by the human race or domestic animals was visible to the eye
on every side. The great fertile island of Cuba in some places
resembled an ash pile; in others, the dreary desert. The
'reconcentrado' order of the former Captain-General Weyler, it
will be remembered, drove from their houses and lands all the
old men, women, and children who had remained at their homes
because they were not physically able to bear the burdens of
war. The wheels of the former government had ceased to
revolve. Chaos, confusion, doubt, and uncertainty filled with
apprehension the minds of the Cubans, who, for the first time,
had been relieved of the cruel care of those who for centuries
controlled their country and their destiny. … The railroads on
the island were in bad order, having been used to the extent
of their endurance conveying Spanish troops and Spanish
supplies over them, while the great calzadas or turnpikes were
filled with holes, for the war prevented repairs to either
railroads or roads. Municipalities were all greatly in debt.
None of the civil officers had been paid, and school-teachers
had large amounts of back salary due. Judicial officers were
discharging their duties as far as they could—for there was
really no law in the island except the mandate of the
Captain-General—without pay, and many months of back pay was
due to the professors in the colleges of the largest cities.
The whole framework of the government had to be rebuilt, and
its machinery carefully and gradually reconstructed. Important
government problems had to be promptly solved, which involved
social, economic, commercial, agricultural, public
instruction, support of eleemosynary institutions of all
kinds, means of communications, reorganization of
municipalities, with the necessary town and city police,
including a mounted force to patrol the adjoining rural
districts within the limits, and subject to the authorities of
the mayors and council of their respective municipalities; the
appointment of new alcaldes and other officers to replace
those left in authority by the Spanish Government, and who
would be more in accord with the inhabitants whose local
affairs they directed. Many trying and troublesome questions
arose, and many difficulties environed on either side of the
situation.

"Of the Cuban rural population, less than 20 per cent of them
were able to read and write, resembling children awaking the
first time to the realities of life. They were in the main
obedient, docile, quiet, and inoffensive, and anxious to adapt
themselves as soon as possible to the new conditions which
confronted them. The Cuban soldiers, black and white, who had
been in the fields and woods for four years defying the
Spanish banner, still kept their guns, and were massing around
the cities and towns, producing more or less unrest in the
public mind with the fear that many of them, unaccustomed to
work so long, would be transformed into brigands, and not
become peaceful, law-abiding citizens.
{185}
In eight months wonderful progress has been made. The arms of
the Cuban soldiers have been stacked, and they have quietly
resumed peaceful vocations. Brigandage, which partially
flourished for a time, has been stamped out, tillage
everywhere has greatly increased, many houses rebuilt, many
huts constructed, fences are being built, and more and more
farming lands are gradually being taken up, and municipalities
reorganized with new officers representing the wishes of the
majority of the inhabitants. Municipal police have been
appointed who are uniformed and under the charge of, in most
cases, efficient officers."

_General Fitzhugh Lee,
Report, September 19, 1899._

General Leonard Wood, commanding in the province of Santiago,
reported at the same time as follows: "On the assumption of
control by the American Government, July 17, 1899, of that
portion of the province of Santiago included in the
surrendered territory, industries were practically at a
standstill. In the rural districts all industries were at an
end. The estates, almost without exception, have been
destroyed, and no work is being done. … In the towns the
effect of reconcentration was shown by large crowds of women
and children and old men who were practically starving. They
were thin, pale, and barely able to drag themselves about. The
merchants and a few planters were the only prosperous people
in the province. … A feeling of bitter hostility existed
between the Cubans and Spaniards, and also a very ugly feeling
between the Cubans who had acted in harmony with the
autonomists in the latter days of the Spanish occupation and
those who had been in the Cuban army. At first there was a
good deal of talk of a threatening character in regard to what
the Cubans would do to the Spaniards, now that they were in a
position to avenge themselves for some of the many injuries
received in the past. This, however, soon passed over, and
much more friendly and sensible ideas prevailed. There were no
schools and no material for establishing them. All officers of
the civil government had resigned and left their posts, with
the exception of one judge of the first instance and several
municipal judges and certain police officers. The prisons were
full of prisoners, both Spanish and Cuban, many of them being
Spanish military and political prisoners. The administration
of justice was at a standstill. The towns all presented an
appearance of greatest neglect, and showed everywhere entire
disregard of every sanitary law. The amount of clothing in the
possession of the people was very limited, and in many of the
interior villages women were compelled to keep out of sight
when strangers appeared, as they had only skirts and waists
made of bagging and other coarse material. Many of the
children were absolutely without clothing. Evidences of great
suffering were found on every hand. A very large proportion of
the population was sick in the country districts from malaria
and in the seaboard towns from lack of food and water. …

"The first two and a half months after the surrender were
devoted almost entirely to the distribution of food and to
supplying hospitals and charities with such limited quantities
of necessary material as we were able to obtain. Commanding
officers in all parts of the island were busily engaged in
cleaning up towns and carrying out all possible sanitary and
administrative reforms. Schools were established, some 60 in
the city of Santiago and over 200 in the province as a whole.
Affairs have continued to improve slowly but surely, until at
the present time we find the towns, generally speaking, clean,
the death rate lower than the people have known before, some
public improvements under way in all the large towns, the
amount of work done being limited only by the amount of money
received. … Industries of all kinds are springing up. New
sugar plantations are being projected; hospitals and
charitable institutions are being regularly supplied, and all
are fairly well equipped with necessary articles. The death
rate among the native population is very much lower than in
former years. The people in the towns are quiet and orderly,
with the exception of a few editorial writers, who manage to
keep up a certain small amount of excitement, just enough to
give the papers in question a fair sale. The people are all
anxious to work. The present currency is American currency. A
condition of good order exists in the rural districts. The
small planters are all out on their farms and a condition of
security and good order prevails. The issue of rations has
been practically stopped and we have few or almost no
applications for food."

_General Leonard Wood;
Report, September 20, 1899._

CUBA: A. D. 1899 (October).
Census of the Island.
Statistics of population, nativity, illiteracy, etc.

"The total population of Cuba on October 16, 1899, determined
by the census taken [under the direction of the War Department
of the United States] as of that date, was 1,572,797. This was
distributed as follows among the six provinces:

Habana, 424,804;
Matanzas, 202,444;
Pinar del Rio, 173,064;
Puerto Principe, 88,234;
Santa Clara, 356,536;
Santiago, 327,715.

The latest census taken under Spanish authority was in 1887.
The total population as returned by that census was 1,631,687,
and the population by provinces was as follows:

Habana, 451,928;
Matanzas, 259,578;
Pinar del Rio, 225,891;
Puerto Principe, 67,789;
Santa Clara, 354,122;
Santiago, 272,379.

Whether that census was correct may be a matter of discussion,
but if incorrect, the number of inhabitants was certainly not
overstated. Comparing the total population at these two
censuses, it is seen, that the loss in the 12 years amounted
to 58,890, or 3.6 per cent of the population in 1887. This
loss is attributable to the recent civil war and the
reconcentration policy accompanying it, but the figures
express only a part of the loss from this cause. Judging from
the earlier history of the island and the excess of births
over deaths, as shown by the registration records, however
imperfect they may be, the population probably increased from
1887 up to the beginning of the war and at the latter epoch
reached a total of little less than 1,800,000. It is probable,
therefore, that the direct and indirect losses by the war and
the reconcentration policy, including a decrease of births and
of immigration and an increase of deaths and of emigration
reached a total of approximately 200,000. …

"The area of Cuba is approximately 44,000 square miles, and
the average number of inhabitants per square mile 35.7, about
the same as the State of Iowa. … Habana, with the densest
population, is as thickly populated as the State of
Connecticut, and Puerto Principe, the most sparsely populated,
is in this respect comparable with the State of Texas. …

{186}

"The total number of males of voting age in Cuba was 417,993,
or 26 per cent of the total population. This is a little less
than the proportion, in 1890, in the United States, where it
was 27 per cent. … Classifying the potential voters of Cuba by
birthplace and race, it is seen that 44.9 per cent were
whites, born in Cuba; that 30.5 per cent were colored, and as
nearly all the colored were born in the island it is seen that
fully seven-tenths of the potential voters of Cuba were native
born, 23 per cent were born in Spain, and 1.6 per cent in
other countries. Classifying the whole number of potential
voters by citizenship it is seen that 70 per cent were Cuban
citizens, 2 per cent were Spanish citizens, 18 per cent were
holding their citizenship in suspense, and 10 per cent were
citizens of other countries, or their citizenship was unknown.
…

"The Cuban citizens, numbering 290,905, were composed almost
entirely of persons born in Cuba, there being among them but
220 white persons, and probably not more colored, of alien
birth. The white Cuban citizens, who were natives of the
island, numbered 184,471, and of these 94,301, or 51 per cent,
were unable to read. The colored Cuban citizens numbered
106,214, of which not less than 78,279, or 74 per cent, were
unable to read. The people of Cuba who claimed Spanish
citizenship numbered 9,500, and of these nearly all were born
in Spain, there being but 159 born elsewhere. Those whose
citizenship was in suspense numbered 76,669. These also were
nearly all of Spanish birth, the number born elsewhere being
but 1,420. The number of persons of other or unknown
citizenship was 40,919. Of these fully one-half were colored,
most of them being Chinese, and much the larger proportion of
the remaining half were of Spanish birth.

"Summing up the situation, it appears that the total number of
males of voting age who could read was 200,631, a little less
than half the total number of males of voting age. Of these
22,629 were of Spanish or other foreign citizenship or unknown
citizenship. The number whose citizenship was in suspense was
59,724, and the number of Cuban citizens able to read was
118,278, or 59 per cent of all Cuban citizens of voting age."

_Census of Cuba,
Bulletins Numbers I and III._

CUBA: A. D. 1899 (December).
Appointment of General Leonard Wood to the
military command and Governorship.

On the 6th of December General Leonard Wood was commissioned
major-general of volunteers, and was assigned to command of
the Division of Cuba, relieving General Brooke as division
commander and military governor of Cuba. On the 30th, Governor
Wood announced the appointment of the following Cuban
ministers to form his cabinet:

Secretary of State and Government, Diego Tamayo;
Secretary of Justice, Luis Estevoz;
Secretary of Education, Juan Bautista Hernandez;
Secretary of Finance, Enrique Varona;
Secretary of Public Works, Jose Ramon Villalon;
Secretary of Agriculture, Industry, and Commerce, Rius Rivera.

CUBA: A. D. 1900.
Organization of a school system.
Teachers at Harvard Summer School.

"Especial attention has been given by the military government
to the development of primary education. The enrollment of the
public schools of Cuba immediately before the last war shows
36,306 scholars, but an examination of the reports containing
these figures indicates that probably less than half the names
enrolled represented actual attendance. There were practically
no separate school buildings, but the scholars were collected
in the residences of the teachers. There were few books, and
practically no maps, blackboards, desks or other school
apparatus. … Even these poor apologies for public schools
were, to a great extent, broken up by the war, and in
December, 1899, the entire public-school enrollment of the
island numbered 21,435. The following table shows the advance
in school facilities during the half year ending June 30 last:

School rooms. Enrollment.

January, 1900 635 37,995
February, 1900 1,338 69,476
March, 1900 3,126 127,881
April, 1900 3,126 127,426
May, 1900 3,313 139,616
June, 1900 3,500 143,120

"This great development was accomplished under the Cuban
secretary of public instruction and the Cuban commissioner of
public schools, with the able and experienced assistance of
Mr. Alexis E. Frye as superintendent. It is governed by a
school law modeled largely upon the law of Ohio. … The schools
are subject to constant and effective inspection and the
attendance is practically identical with the enrollment.

"The schools are separated from the residences of the
teachers, and each schoolroom has its separate teacher. The
courses and methods of instruction are those most approved in
this country. The text-books are translations into Spanish of
American text-books. For the supply of material $150,000 were,
in the first instance, appropriated from the insular treasury,
and afterwards, upon a single order, 100,000 full sets of
desks, text-books, scholars' supplies, etc., were purchased
upon public advertisement in this country at an expense of
about three-quarters of a million dollars. All over the island
the old Spanish barracks, and barracks occupied by the
American troops which have been withdrawn, are being turned
into schoolrooms after thorough renovation. The pressure for
education is earnest and universal. The appropriations of this
year from the insular treasury for that purpose will amount to
about four and a half million dollars; but great as the
development has been it will be impossible, with the resources
of the island for a long time yet to come, to fully meet the
demand for the learning so long withheld. The provincial
institutions and high schools and the University of Habana
have been reorganized.

"During the past summer, through the generosity of Harvard
University and its friends, who raised a fund of $70,000 for
that purpose, 1,281 Cuban teachers were enabled to attend a
summer school of instruction at Cambridge, designed to fit
them for their duties. They were drawn from every municipality
and almost every town in the island. They were collected from
the different ports of the island by five United States
transports, which carried them to Boston, and, at the
expiration of their visit, took them to New York and thence to
Habana and to their homes. They were lodged and boarded in and
about the University at Cambridge, and visited the libraries
and museums and the educational institutions and manufacturing
establishments in the neighborhood of Boston. Through the
energy of Mr. Frye money was raised to enable them to visit
New York and Washington. They were returned to their homes
without a single accident or loss, full of new ideas and of
zeal for the educational work in which they had found so much
sympathy and encouragement."

_United States, Secretary of War, Annual Report,
November 30, 1900, pages. 32-33._

{187}

CUBA: A. D. 1900 (June-November).
Municipal elections and election
of a Constitutional Convention.
Meeting of the Convention.
Statement of the Military Governor.

"The census having been completed and the period given for
Spanish residents to make their election as to citizenship
having expired on the 11th of April, 1900, steps were
immediately taken for the election of municipal governments by
the people. In view of the fact that 66 per cent of the people
could not read and write, it was not deemed advisable that
absolutely unrestricted suffrage should be established, and,
after very full conference with leading Cubans, including all
the heads of the great departments of state, a general
agreement was reached upon a basis of suffrage, which provided
that every native male Cuban or Spaniard who had elected to
take Cuban citizenship, of full age, might vote if he either
could read and write, or owned real estate or personal
property to the value of $250, or had served in and been
honorably discharged from the Cuban army; thus according a
voice in the government of the country to everyone who had the
intelligence to acquire the rudiments of learning, the thrift
to accumulate property, or the patriotism to fight for his
country. On the 18th of April an election law, which aims to
apply the best examples of our American election statutes to
the existing conditions of Cuba, was promulgated for the
guidance of the proposed election. On the 16th of June an
election was held throughout the island in which the people of
Cuba in all the municipalities, which include the entire
island, elected all their municipal officers. The boards of
registration and election were composed of Cubans selected by
the Cubans themselves. No United States soldier or officer was
present at or in the neighborhood of any polling place. There
was no disturbance. After the newly elected municipal officers
had been installed and commenced the performance of their
duties an order was made enlarging the powers of the municipal
governments and putting into their hands as much of the
government of the people as was practicable.

"As soon as the new municipal governments were fairly
established the following call for a constitutional convention
was issued:

'Habana, July 25, 1900.
The military governor of Cuba directs the publication of the
following instructions:

Whereas the Congress of the United States by its joint
resolution of April 20, 1898, declared That the people of the
island of Cuba are, and of right ought to be, free and
independent; That the United States hereby disclaims any
disposition or intention to exercise sovereignty,
jurisdiction, or control over said island except for the
pacification thereof, and asserts its determination, when that
is accomplished, to leave the government and control of the
island to its people; And whereas the people of Cuba have
established municipal governments, deriving their authority
from the suffrages of the people given under just and equal
laws, and are now ready, in like manner, to proceed to the
establishment of a general government which shall assume and
exercise sovereignty, jurisdiction, and control over the
island: Therefore

"'It is ordered,
That a general election be held in the island of Cuba on the
third Saturday of September, in the year nineteen hundred, to
elect delegates to a convention to meet in the city of Habana,
at twelve o'clock noon on the first Monday of November, in the
year nineteen hundred, to frame and adopt a constitution for
the people of Cuba, and, as a part thereof, to provide for and
agree with the Government of the United States upon the
relations to exist between that Government and the Government
of Cuba, and to provide for the election by the people of
officers under such constitution and the transfer of
government to the officers so elected.

"'The election will be held in the several voting precincts of
the island under and pursuant to the provisions of the
electoral law of April 18, 1900, and the amendments thereof.
The people of the several provinces will elect delegates in
number proportionate to their populations as determined by the
census, viz: The people of the province of Pinar del Rio will
elect three (3) delegates. The people of the province of
Habana will elect eight (8) delegates. The people of the
province of Matanzas will elect four (4) delegates. The people
of the province of Santa Clara will elect seven (7) delegates.
The people of the province of Puerto Principe will elect two
(2) delegates. The people of the province of Santiago de Cuba
will elect seven (7) delegates.'

"Under this call a second election was held on the 15th of
September, under the same law, with some slight amendments,
and under the same conditions as the municipal elections. The
election was wholly under the charge of Cubans, and without
any participation or interference whatever by officers or
troops of the United States. The thirty-one members of the
constitutional convention were elected, and they convened at
Habana at the appointed time. The sessions of the convention
were opened in the city of Habana on the 5th of November by
the military governor, with the following statement: 'To the
delegates of the Constitutional Convention of Cuba. Gentlemen:
As military governor of the island, representing the President
of the United States, I call this convention to order. It will
be your duty, first, to frame and adopt a constitution for
Cuba, and, when that has been done, to formulate what, in your
opinion, ought to be the relations between Cuba and the United
States. The constitution must be adequate to secure a stable,
orderly, and free government.

"'When you have formulated the relations which, in your
opinion, ought to exist between Cuba and the United States,
the Government of the United States will doubtless take such
action on its part as shall lead to a final and authoritative
agreement between the people of the two countries for the
promotion of their common interests.

{188}

"'All friends of Cuba will follow your deliberations with the
deepest interest, earnestly desiring that you shall reach just
conclusions, and that, by the dignity, individual self-restraint,
and wise conservatism which shall characterize your
proceedings, the capacity of the Cuban people for
representative government may be signally illustrated. The
fundamental distinction between true representative government
and dictatorship is that in the former every representative of
the people, in whatever office, confines himself strictly
within the limits of his defined powers. Without such
restraint there can be no free constitutional government.
Under the order pursuant to which you have been elected and
convened you have no duty and no authority to take part in the
present government of the island. Your powers are strictly
limited by the terms of that order.'"

_United States, Secretary of War,
Annual Report, November 30, 1900, pages 24-32._

CUBA: A. D. 1900 (December).
Measures for the destruction of the mosquito,
as a carrier of yellow fever.

See (in this volume)
SCIENCE, RECENT: MEDICAL AND SURGICAL.

CUBA: A. D. 1900-1901.
Frauds by American officials in the Havana post office.
Question cf the extradition of C. F. W. Neely.
Decision of the Supreme Court of the United States as to the
independent status of Cuba in its relations
to the United States.

In the spring of 1900 a discovery was made of extensive frauds
committed by American officials who had been placed, by U. S.
military authority, in the post office at Havana. One of the
persons accused, named C. F. W. Neely, having returned to the
United States, his extradition, for trial in Cuba, was
demanded, and a question thereon arose as to the status of the
island of Cuba in its relations to the United States. The case
(Neely vs. Henkel) was taken on appeal to the Supreme Court of
the United States, and Neely was subjected to extradition by the
decision of that tribunal, rendered in January, 1901. The
status of Cuba, as an independent foreign territory, was thus
defined in the opinion of the Court:

"The legislative and executive branches of the Government, by
the joint resolution of April 20, 1898, expressly disclaimed
any purpose to exercise sovereignty, jurisdiction, or control
over Cuba, 'except for the pacification thereof,' and asserted
the determination of the United States, that object being
accomplished, to leave the government and control of Cuba to
its own people. All that has been done in relation to Cuba has
had that end in view, and so far as the court is informed by the
public history of the relations of this country with that
island, nothing has been done inconsistent with the declared
object of the war with Spain. Cuba is none the less foreign
territory, within the meaning of the act of Congress, because
it is under a military governor appointed by and representing
the President in the work of assisting the inhabitants of that
island to establish a government of their own, under which, as
a free and independent people, they may control their own
affairs without interference by other nations. The occupancy
of the island by troops of the United States was the necessary
result of the war. That result could not have been avoided by
the United States consistently with the principles of
international law or with its obligations to the people of
Cuba. It is true that as between Spain and the United
States—indeed, as between the United States and all foreign
nations—Cuba, upon the cessation of hostilities with Spain and
after the treaty of Paris, was to be treated as if it were
conquered territory. But—as between the United States and
Cuba, that island is territory held in trust for the
inhabitants of Cuba, to whom it rightfully belongs and to
whose exclusive control it will be surrendered when a stable
government shall have been established by their voluntary
action."

CUBA: A. D. 1901 (January).
Draft of Constitution reported to the Convention
by its Central Committee.

Public sessions of the Constitutional Convention were not
opened until the middle of January, 1901, when the draft of a
Constitution was reported by its Central Committee, and the
text given to the Press. By subsequent action of the
Convention, various amendments were made, and the instrument,
at this writing (early in April), still awaits finish and
adoption. The amendments have been reported imperfectly and
the text of the Constitution, even in its present state,
cannot be authentically given. It is probable, however, that
the structure of government provided for in the draft reported
to the Convention stands now and will remain substantially
unchanged. An outline of its features is the most that we will
venture to give in this place.

The preamble is in these words:

"We, the delegates of the Cuban people, having met in assembly
for the purpose of agreeing upon the adoption of a fundamental
law, which, at the same time that it provides for the
constitution into a sovereign and independent nation of the
people of Cuba, establishes a solid and permanent form of
government, capable of complying with its international
obligations, insuring domestic tranquillity, establishing
justice, promoting the general welfare, and securing the
blessings of liberty to the inhabitants, we do agree upon and
adopt the following constitution, in pursuance of the said
purpose, invoking the protection of the Almighty, and prompted
by the dictates of our conscience."

The form of government is declared to be republican. The
guarantees of the Constitution, defined with precision and at
length, include "equal rights under the law," protection from
arbitrary arrest and imprisonment, freedom of thought, speech,
writing and publication, freedom of worship, freedom of
association and meeting, freedom of teaching, freedom of
travel, inviolability of private dwellings and private papers,
"except by order of a competent authority and with the
formalities prescribed by the laws."

Legislative powers are to be exercised by two elective bodies,
to be named House of Representatives and Senate, and
conjointly known as Congress. The Senate to be composed of six
senators elected from each of the six departments of the
republic; the boundaries and names of the departments to be
those of the present provinces "as long as not modified by the
laws."

{189}

The terms of the senators to be six years, one third of their
number to be elected every two years. The House of
Representatives to be composed of "one representative for
every 25,000 inhabitants or fraction of more than 12,000,
elected for a period of four years, by direct vote, and in the
manner prescribed by law "; one half to be elected every two
years. Representatives and Senators not to be held responsible
for opinions expressed in the exercise of their duties, and not
to be arrested nor tried without the consent of the body to
which they belong, "except in case of being discovered in the
act of committing some crime." Congress to meet in regular
session every year on the first Monday in November, and to
remain in session for at least ninety consecutive days,
excepting holidays and Sundays. Its powers to be substantially
the same as those exercised by the Congress of the United
States.

The executive power to be exercised by the President of the
republic, who "shall be elected by direct votes, and an
absolute majority thereof, cast on one single day, in
accordance with the provisions of the law." The term of the
President to be four years, and none to be elected for three
consecutive terms. A Vice-President to be elected "in the same
manner as the President, conjointly with the latter and for a
like term."

The judicial power to be "exercised by the Supreme Court of
Justice and such other courts as may be established by law."
The Supreme Court, like that of the United States, "to decide
as to the constitutionality of legislative acts that may have
been objected to as unconstitutional," and to have an
appellant jurisdiction corresponding to that of the Supreme
Court of the United States.

Over each of the six departments or provinces it is provided
that there shall be a governor, "elected by a direct vote for
a period of three years," and a Departmental Assembly, "to
consist of not less than eight or more than twenty, elected by
direct vote for a like period of three years." The
Departmental Assemblies to "have the right of independent
action in all things not antagonistic to the constitution, to
the general laws nor to international treaties, nor to that
which pertains to the inherent rights of the municipalities,
which may concern the department, such as the establishment
and maintenance of institutions of public education, public
charities, public departmental roads, means of communication
by water or sea, the preparation of their budgets, and the
appointment and removal of their employés."

The "municipal terminos" are to be governed by
"Ayuntamientos," composed of Councilmen elected by a direct
vote in the manner prescribed by law, and by a Mayor, elected
in like manner. The Ayuntamientos to be self-governing, free
to "take action on all matters that solely and exclusively
concern their municipal termino, such as appointment and
removal of employés, preparation of their budgets, freely
establishing the means of income to meet them without any
other limitation than that of making them compatible with the
general system of taxation of the republic."

The provision for amendment of the Constitution is as follows:

"The constitution cannot be changed in whole or part except by
two-thirds vote of both legislative bodies. Six months after
deciding on the reform, a Constitutional Assembly shall be
elected, which shall confine itself to the approval or
disapproval of the reform voted by the legislative bodies.
These will continue in their functions independently of the
Constitutional Assembly. The members in this Assembly shall be
equal to the number of the members in the two legislative
bodies together."

CUBA: A. D. 1901 (February-March).
Conditions on which the government of the island will
be yielded to its people prescribed by the Congress
of the United States.

In the call for a Constitutional Convention issued by the
military governor on the 25th of July, 1900 (see above), it
was set forth that the duty of the Convention would be "to
frame and adopt a constitution for the people of Cuba, and, as
a part thereof, to provide for and agree with the government
of the United States upon the relations to exist between that
government and the government of Cuba." This intimated an
intention on the part of the government of the United States
to attach conditions to its recognition of the independent
government for which the Convention was expected to provide.
The intimation was conveyed still more plainly to the
Constitutional Convention by Military Governor Wood, at the
opening of its sessions, when he said: "When you have
formulated the relations which, in your opinion, ought to
exist between Cuba and the United States, the government of
the United States will doubtless take such action on its part
as shall lead to a final and authoritative agreement between
the two countries for the promotion of their common
interests." The Convention, however, gave no sign of a
disposition to act as desired by the government of the United
States, and seemed likely to finish its work, either without
touching the subject of relations between the Cuban and
American Republics, or else offering proposals that would not
meet the wishes of the latter. Those wishes were made known to
the Convention in flat terms, at length, by the military
governor, and its prompt action was urged, in order that the
judgment of the Congress of the United States might be
pronounced on what it did. But the day on which the session of
Congress would expire drew near, and still nothing came from
the Cubans, who seem to have understood that they were
exempted from such dictation by the resolution which Congress
adopted on the 18th of April, 1898, when it took up the Cuban
cause [see (in this volume)) UNITED STATES OF AMERICA: A. D.
1998 (APRIL)], declaring that "the United States hereby
disclaims any disposition or intention to exercise
sovereignty, jurisdiction, or control over said island [of
Cuba], except for the pacification thereof, and asserts its
determination when that is accomplished to leave the
government and control of the island to its people."

Unwilling to be left to deal, alone, with the question thus
arising between the Cubans and their liberators, President
McKinley caused it to be understood that he should call an
extra session of Congress, if no Congressional expression on
the subject of Cuban relations was found practicable before
the 4th of March. This stimulated action in the expiring
Congress, and the Army Appropriation Bill, then pending in the
Senate, was made the vehicle of legislation on the subject, by
the hasty insertion therein of the following amendment,
offered by Senator Platt, of Connecticut:

{190}

"In fulfillment of the declaration contained in the joint
resolution approved April 20, 1898, entitled '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,' the President is hereby authorized
to 'leave the government and control of the island of Cuba to
its people,' so soon as a government shall have been
established in said island under a constitution which, either
as a part thereof or in an ordinance appended thereto, shall
define the future relations of the United States with Cuba,
substantially as follows;

I.
"That the government of Cuba shall never enter into any treaty
or other compact with any foreign power or powers which will
impair or tend to impair the independence of Cuba, nor in any
manner authorize or permit any foreign power or powers to
obtain by colonization or for military or naval purposes or
otherwise, lodgment in or control over any portion of said
island.

II.
"That said government shall not assume or contract any public
debt, to pay the interest upon which, and to make reasonable
sinking fund provision for the ultimate discharge of which,
the ordinary revenues of the island, after defraying the
current expenses of government, shall be inadequate.

III.
"That the government of Cuba consents that the United States
may exercise the right to intervene for the preservation of
Cuban independence, the maintenance of a government adequate
for the protection of life, property, and individual liberty,
and for discharging the obligations with respect to Cuba
imposed by the treaty of Paris on the United States, now to be
assumed and undertaken by the government of Cuba.

IV.
"That all acts of the United States in Cuba during its
military occupancy thereof are ratified and validated, and all
lawful rights acquired thereunder shall be maintained and
protected.

V.
"That the government of Cuba will execute, and as far as
necessary extend, the plans already devised or other plans to
be mutually agreed upon, for the sanitation of the cities of
the island, to the end that a recurrence of epidemic and
infectious diseases may be prevented, thereby assuring
protection to the people and commerce of Cuba, as well as to
the commerce of the Southern ports of the United States and
the people residing therein.

VI.

"That the Isle of Pines shall be omitted from the proposed
constitutional boundaries of Cuba, the title thereto being
left to future adjustment by treaty.

VII.

"That to enable the United States to maintain the independence
of Cuba, and to protect the people thereof, as well as for its
own defence, the government of Cuba will sell or lease to the
United States lands necessary for coaling or naval stations at
certain specified points, to be agreed upon with the President
of the United States.

VIII.

"That by way of further assurance the government of Cuba will
embody the foregoing provisions in a permanent treaty with the
United States."

The Platt Amendment, as it is known, was adopted by the Senate
on the 27th of February (yeas 43, nays 20, not, voting 25),
and concurred in by the House on the 1st of March (yeas 161,
nays 136, not voting 56). The opponents of the amendment were
weakened by their dread of an extra session of Congress, and
by their knowledge that the party of the administration would
be still stronger in the new Congress than in that which
expired on the 4th of March. Otherwise, no vote on the measure
could have been reached before that date.

At the time of this writing, the effect in Cuba of the
declarations of the Congress of the United States remains in
doubt. The Constitutional Convention has taken no action upon
them.

----------CUBA: End--------

CULEBRA.

See (in this volume)
PORTO RICO: AREA AND POPULATION.

CUMULATIVE VOTING.

See (in this volume)
BELGIUM: A. D. 1894-1895.

CURTIS ACT, The.

See (in this volume)
INDIANS, AMERICAN: A. D. 1893-1899.

CURZON, George N., Baron:
Appointed Viceroy of India.

See (in this volume)
INDIA: A. D. 1898 (SEPTEMBER).

CZECH PARTIES.

See (in this volume)
AUSTRIA-HUNGARY: A. D. 1897.

D.

DAHOMEY: A. D. 1895.
Under a Governor-General of French West Africa.

See (in this volume)
AFRICA: A. D. 1895 (FRENCH WEST AFRICA).

DAHOMEY: A. D. 1897.
Settlement of Tongaland boundary.

See (in this volume)
AFRICA: A. D. 1897 (DAHOMEY AND TONGALAND).

DAMASCUS, Railway to.

See (in this volume)
JEWS: A. D. 1899.

DARGAI, Battle of.

See (in this volume)
INDIA: A. D. 1897-1898.

"DARKEST ENGLAND" SCHEME, Results from General Booth's.

See (in this volume)
SALVATION ARMY.

DAVIS, General George W.:
Military Governor of Porto Rico.

See (in this volume)
PORTO RICO: A. D. 1898-1899 (OCTOBER-OCTOBER).

DAVIS, General George W.:
Report on the Civil Government of Porto Rico.

See (in this volume)
PORTO RICO: A. D. 1898-1899 (AUGUST-JULY).

DAWES COMMISSION, The work of the.

See (in this volume)
INDIANS, AMERICAN: A. D. 1893-1899.

{191}

DE BEERS CONSOLIDATED MINING COMPANY:
Complicity in the Jameson Raid.

See (in this volume)
SOUTH AFRICA (CAPE COLONY): A. D. 1896 (JULY).

DECLARATION AGAINST TRANSUBSTANTIATION, The English King's.

See (in this volume)
ENGLAND: A. D. 1901 (FEBRUARY).

DELAGOA BAY, and the railway to Pretoria.

See (in this volume)
SOUTH AFRICA (THE TRANSVAAL):
A. D. 1895 (JULY) and (SEPTEMBER-DECEMBER).

DELAGOA BAY ARBITRATION.