Mr. Hay to Mr. Day.
Washington , October 6, 1898 .
The following telegram has been received here from the chairman of the American commissioners in Cuba:
Havana, October 5, 1898.
Joint session of commissions developed irreconcilable differences, Spanish commission, under instructions from their government, holding first that Spanish sovereignty will remain paramount in Cuba until Spain, in treaty about being negotiated in Paris, has relinquished the same and treaty has been concluded, ratified, and proclaimed.
- Second. When Spain has relinquished sovereignty in the manner just stated, then so much of fourth article as provides for immediate evacuation becomes effective; that this evacuation is solely a military operation.
- Third. That dates originally given by them under which evacuation is to be completed, April 1, next year, are by them adhered to.
- Fourth. That rule of capture does not apply to territory
now occupied by Spanish troops; that they are therefore
permitted to take with them not only all movable property,
but also all guns and their mountings from fortifications
and fixed batteries, as well as machinery from navy-yards
and arsenals; in fact, everything of material of war which
can be moved. We have dissented from all of these
propositions, holding:
- First. That under terms of protocol relinquishment of sovereignty is a condition precedent to negotiations for peace at Paris.
- Second. That under protocol article 4 became effective on its date, August 12; that the term “to evacuate” is not restricted in its meaning as used in the protocol to a military evacuation, and that to immediately evacuate means to at once abandon possession of by withdrawing from the country not only the military, but also the government authority of Spain.
- Third. That we insist upon December 1 next as date for concluding evacuation by Spanish troops.
- . That under Spanish law all movable things constructed or destined for the permanent use or service of immovable property become immovable property; that fortifications and fixed batteries are immovable property; that, therefore, guns and their mountings and other things intended for permanent use or service of such fortifications are necessarily fixtures, and hence immovable property, and likewise machinery and other like fixtures in navy-yard or arsenal.
Spanish commission all made point that surrender of sovereignty at various points at various times would cause confusion in matter of tariff and in collecting internal and other duties.
We replied we had considered that subject, and were prepared to assume responsibility for proper collections when our troops occupy island.
Spanish commission has appealed to Madrid for instructions upon points stated. We submit foregoing differences for your action and further instructions. Spanish commission have heretofore assured us that within period by them stated they will proceed as rapidly with the embarkation of their troops as circumstances and facilities will permit, and they stated to-day that up to this time they are promised twenty-seven ships, most of them on the way.
Wade, Chairman.
To this the President made the following reply:
Wade, Habana.
Your message of October 5, giving the differences between the Spanish commissioners and yourselves, is received. Their claims are wholly inadmissible, and yours are in strict accordance with the protocol and the instructions heretofore given, and must be adhered to.
William McKinley.