Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1906, (In two parts), Part I
Minister Morgan to the Secretary of State.
Habana, October 13, 1906.
Sir: I have the honor to transmit as a record for the department’s archives, the inclosed epitome of the events which have occurred in the political history of Cuba since the arrival at Habana of the Hon. William H. Taft, Secretary of War, and the Hon. Robert Bacon, the Assistant Secretary of State, on September 19, with duplicate copies of the more important proclamations and orders which the Secretary of War has issued since he assumed the role of provisional governor.
Information relating to the general situation which the legation has obtained since his arrival on the island has been transmitted directly to the provisional governor for embodiment in his report to the President.
Unless otherwise instructed upon the assumption to-day of the duties of the provisional governor by the Hon. Charles E. Magoon, the legation will resume its political correspondence with the department and its reports upon Cuban affairs without reference to those which the provisional governor may furnish the insular bureau of the War Department. Governor Magoon advises this course, as he desires that the Washington Government shall have at its disposal a large variety of material coming from different sources bearing upon the condition which prevails here.
I have, etc.,
epitome of events attendant upon establishment of the provisional government in cuba.
The commissioners appointed by President Roosevelt to investigate the conditions arising from the late revolution and the general situation in Cuba, Mr. Wm. H, Taft and Mr. Robert Bacon, respectively Secretary of War and First Assistant Secretary of State of the United States, arrived in Habana on the morning of September 19 last, aboard the U. S. S. Des Moines, during the cessation of hostilities brought about by Mr. Roosevelt’s public letter to Mr. Quesada, the Cuban minister at Washington, in which he defined the attitude of the United States toward Cuba, and asked that warfare cease until the envoys appointed by him could arrive and look into the situation.
The commissioners began their work at once. At 9 o’clock on the morning of their arrival the secretary of state of Cuba, Dr. Juan F. O’Farrill, was received on board the Des Moines. At 10 o’clock the commissioners were received in audience by President Palma at the palace, at the conclusion of which they proceeded to Quinta Hidalgo, the residence of the American minister in Marianao, where they established their offices. The selection of Quinta Hidalgo as headquarters was particularly fortunate because it is situated about 10 miles out of Habana and was about midway between the seat of government and the insurgent camp. Both parties thus had free access to the commissioners, and all possibility of friction was avoided.
On the afternoon of the 19th Alfredo Zayas, the leader of the liberal party and self-styled representative of the rebel forces in the field, and Domingo Mendez Capote, the head of the moderate or government party, were called before the commission and each made a statement, the former concerning the aims of the liberals and rebels, the latter relative to the conduct of the Government.
After securing the statements of these men the commissioners went systematically to work to procure the views of social bodies, organizations, and various [Page 490] classes of men on the island; officials, politicians, property owners, business men, planters, and many others were interrogated in an endeavor to find the radical cause for the present troubled conditions and a remedy for them. It was earnestly hoped that some agreement might be arrived at which would serve as a basis for a settlement of difficulties, the bringing together of the warring factions, and the establishment of a lasting peace, and this under the Cuban Government. General Menocal, who had made strenuous efforts to bring his countrymen together before the arrival of the commissioners, was frequently consulted by them.
After a week of interviewing the commissioners drew up a compromise which they hoped would be acceptable to both sides. Its central idea was the continuity of the existing government, and it provided for the continuance of Mr. Palma as president, a coalition cabinet, and new elections of members of Congress. To these provisions the liberals agreed. The moderates, however, indignantly refused to consider them and would have nothing whatever to do with them.
Mr. Palma reiterated his determination to resign from the presidency and called Congress to convene on September 28. In his message he recited briefly the existing conditions in the island and tendered his resignation as well as the resignations of the members of his cabinet to the Congress. His action left the Republic without an executive head, and a committee was accordingly appointed from among the Congressmen present to visit Mr. Palma and prevail upon him if possible to withdraw his resignation. It could not induce him to rescind his decision, which he declared irrevocable.
Under these circumstances the American commissioners felt obliged to assume control of the Cuban Republic until such time as it might be able to elect another executive and give adequate assurance of stable government. On Saturday, September 29, 1906, a provisional government exercising Cuban sovereignty under the authority of the President of the United States was established, and a proclamation was issued to the Cuban people setting forth the causes for this action and defining the position of the United States toward Cuba.
Since the American commissioners understand that the Republic of Cuba is continuous and that they are only the ad interim executives, the various departments continue to function as before with the assistant secretaries as acting heads, the only officials discharged being those taken on to meet the exigencies of the revolution.
At the time the commissioners assumed control there were many political prisoners in the jails throughout the island. These, of whom several were prominent liberals who had several times been consulted by the commissioners while on parole, were immediately set at liberty.
The disbanding and disarming of the rebel forces and, incidentally, the government militia, enlisted specially for the revolution, has been the chief concern of the provisional government from its establishment until now. It was carried out by a commission of American and Cuban military officers of which Gen. Frederick Funston was head, and has been practically completed. Many reports exist, however, that the insurgents are surrendering only old and useless guns which have seen service in former wars and which were secured by bribery from the old fortresses in the island where they have been stored, and that the newer guns are being kept and secreted.
According to agreement, the men under arms are to be transported to their homes at government expense; they must give up their guns, but are entitled to the horses in their possession until they are identified by the original owners. A court of claims is being established to provide for the settlement of all claims growing out of the war, and especially in the matter of horses.
On the 10th instant Provisional Governor Taft issued a general amnesty proclamation to the people of Cuba, thus indicating that quiet and peace have been restored. Save for sporadic local disturbances, the entire country is tranquil.
On Tuesday, the 9th instant, Governor Magoon, who has succeeded Mr. Taft as provisional governor, and General Bell, who is to take command of the military forces of the United States in the island, reached Habana, and on Saturday, the 13th, Governor Taft issued a proclamation transferring the provisional governorship to Governor Magoon.
Accompanying this epitome are copies of all the papers pertinent to the events set forth and of all the decrees issued by the provisional government to date.
proclamation.
To the people of Cuba:
The failure of Congress to act on the irrevocable resignation of the President of the Republic of Cuba, or to elect a successor, leaves this country without a government at a time when great disorder prevails, and requires that pursuant to a request of President Palma, the necessary steps be taken in the name and by the authority of the President of the United States to restore order, protect life and property in the island of Cuba and islands and keys adjacent thereto, and for this purpose, to establish therein a provisional government.
The provisional government hereby established by direction and in the name of the President of the United States will be maintained only long enough to restore order and peace and public confidence, and then to hold such elections as may be necessary to determine those persons upon whom the permanent government of the Republic should be devolved.
In so far as is consistent with the nature of a provisional government established under authority of the United States, this will be a Cuban government conforming, as far as may be, to the constitution of Cuba. The Cuban flag will be hoisted as usual over the government buildings of the island. All the executive departments and the provincial and municipal governments, including that of the city of Habana, will continue to be administered as under the Cuban Republic. The courts will continue to administer justice, and all laws not in their nature inapplicable by reason of the temporary and emergent character of the Government will be in force.
President Roosevelt has been most anxious to bring about peace under the constitutional government of Cuba, and has made every endeavor to avoid the present step. Longer delay, however, would be dangerous.
In view of the resignation of the cabinet, until further notice the heads of all departments of the central government will report to me for instructions, including Maj. Gen. Alejandro Rodriguez, in command of the rural guard and other regular government forces, and Gen. Carlos Roloff, treasurer of Cuba.
Until further notice, the civil governors and alcaldes will also report to me for instructions.
I ask all citizens and residents of Cuba to assist in the work of restoring order, tranquillity, and public confidence.
Secretary of War of the United States,
Provisional Governor of Cuba.
Official:
F. R. McCoy,
Captain Third Cavalry, Aide.
Decree No. 5.
In compliance with instructions received from the President of the United States and in accordance with my proclamation of the 29th of September, I have resolved:
- First. The diplomatic representatives of the Republic of Cuba in foreign countries are confirmed in their respective positions and they shall continue in the discharge of their duties in representation of the Republic of Cuba under the provisional administration of the United States.
- Second. The provisional government recognizes the foreign diplomatic representatives accredited to the Government of the Republic of Cuba, without necessity of the formalities or any other steps for the change, and shall continue to maintain with the same, through the Department of State, the diplomatic relations.
- Third. Cuban consuls in foreign countries shall continue in the performance of their duties, and foreign consuls residing in Cuba are also recognized by the provisional government.
Provisional Governor.
Pedro F. Diago,
Chief Clerk in charge of the Department.
amnesty proclamation.
By the provisional governor, a decree:
Whereas it appears that the organized forces which, until recently, have been engaged in armed insurrection against the Government of Cuba have disbanded as such, with the result that active organized hostilities have ceased throughout the island; and
Whereas it accords with the purpose of the provisional government established by the United States in Cuba to promote, by prudent measures within its authority, to an early reestablishment of Cuban self-government in accordance with the proclamation establishing this Government.
Now, therefore, be it known that I, William H. Taft, provisional governor of Cuba, by virtue of the power and authority vested in me by the President of the United States, do hereby proclaim and declare, without reservation or condition, except as hereinafter provided, a full and complete amnesty and pardon to all persons who have directly or indirectly participated in the recent insurrection in Cuba, or who have given aid and comfort to persons participating therein, for offenses political in their nature, committed in the course of said insurrection and prior to disbandment.
The amnesty and pardon here granted shall be considered and construed as covering the offenses of rebellion, sedition, or conspiracy to commit the same, and other related offenses, and as giving immunity from prosecution and punishment for seizures and appropriation of property for military use by the insurrectionary forces.
Judges of examination before whom prosecutions are pending for offenses covered by the amnesty and pardon here granted shall immediately discontinue such prosecutions and transmit the records of their proceedings to the fiscals of their respective audiencias, which audiencias shall have the duty of entering in these causes, and in all other causes of the same character already in their possession, orders in accordance with the terms of this proclamation. Fiscals of audiencias shall likewise take the necessary steps to have this proclamation applied to causes in which judgment has already been rendered by the audiencias and to those in which sentence is now being served.
The procedure last above outlined will likewise be followed in prosecutions pending in the courts of the Habana Province on account of the assault made on the rural guards at Guanabacoa, of that province, in February last, and in the proceedings known as “La Suiza,” pending in the audiencia of the province of Santa Clara, all these proceedings having arisen out of the disturbances, political in their character, related in the causes which culminated in the recent insurrection; to all offenders in these two disturbances full and complete pardon is granted.
The action directed in the preceding paragraph is not to be construed as in the slighest degree justifying or palliating the guilt of persons engaged in the commission of the offenses at Guanabacoa or involved in the proceedings known as “La Suiza,” for both were most deplorable, and under ordinary conditions the interest of the public would demand the strictest prosecution of such offenses, but the present high state of political excitement, the danger of public disturbance growing out of the emotions excited in the public trial of the offenses, and in either the conviction or acquittal of the accused, make it vitally important in the public interest, and to secure the greatest good to the greatest number, that the prosecutions should be quashed and oblivion follow. It is hoped that thus can the peace which is essential to this country be secured.
Ordinary crimes are not comprised within the terms of amnesty and pardon here granted, but those punishable under existing law by correctional or light penalties, committed prior to disarmament and disbandment by members of the insurrectionary forces who have complied in good faith with the agreement of disarmament and disbandment, may be made the subject of special application for pardon to be forwarded to the department of state and justice for the consideration of the provisional governor. Where prosecutions have been instituted in the class of cases here referred to, all proceedings therein will be suspended upon receipt of notice, to be communicated by the department of state and justice to the proper court, that an application for pardon is pending before the provisional governor, and until the decision of the provisional governor thereon has been duly promulgated.
[Page 493]Individuals or bands who, after the date of this proclamation, are found in arms or disturbing the public order or otherwise violating the laws of the Cuban Republic will be denied all benefits of the preceding paragraph and will, furthermore, be arrested and proceeded against for such new violations of law as under normal conditions.
Provisional Governor.
Pedro F. Diago,
Acting Secretary of State and Justice.
Decree No. 11.
In accordance with my proclamation of September 29, 1906, I, William H. Taft, provisional governor of Cuba, hereby resolve:
- I.
- That the Congress of the Republic of Cuba remain in recess during the continuance of the provisional administration of the United States.
- II.
- The rights of members of Congress to compensation as such during said recess is under consideration and will later be made subject of a special resolution, pending the issue of which salaries will not be paid.
- III.
- The employees attached to the service of the “Diario de Sesiones” and the “concerjes” of both chambers will be retained in their present employments until further orders and shall be under the direct orders of the provisional governor; and the stenographers of both chambers shall continue in discharge of their duties until the last day of October, 1906.
Provisional Governor.
Pedro F. Diago,
Acting Secretary of State and Justice.
Decree No. 12.
With reference to the papers on file in the department of government, relating to a purchase of arms from C. Hempel, from which it appears that under date of September 10 last there were ordered through said gentleman 1,200 cavalry Mauser repeating rifles, at the price of $19.76 each, delivered cost, freight, and insurance, and half million cartridges for said rifles, at the price of $35.82 per thousand, with a commission to Hempel of 5 per cent, payment to be made for such goods upon their receipt in this port; and that such goods have not as yet reached this capital:
Whereas the extraordinary conditions which gave rise to the preceding order have ceased to exist, and the said merchandise is now not needed by the Government of Cuba;
Whereas it is “within the discretionary power of the administration to declare the rescission of contracts involving public services, provided such rescission be considered in favor of the interests of the state, with the obligation of indemnity” (royal decree of September 20, 1875; Gazette of November 26), I resolve:
- First. To declare the rescission of the contract entered into by the ex-secretary of public works, acting secretary of government, Sr. Rafael Montalvo, by means of correspondence, with Mr. Hempel, for the purchase by the Cuban State of the goods above referred to.
- Second. To reserve to Mr. Hempel the right of claiming from the State such indemnity as might be due him by virtue of this rescission.
- Third. To reserve to the Cuban State the right of bringing such action against the contractor in due time as may lie for the delay in delivering the goods ordered, or for any other faults chargeable to him.
Provisional Governor.
Gastón Mora,
In
charge of the Department of Government.
proclamation.
By the direction and with the authority of the President of the United States, I hereby lay down the office of provisional governor of Cuba, assumed by me September 29, 1906, and turn the same over to Charles E. Magoon as my successor.
proclamation.
To the People of Cuba:
Acting under the authority conferred upon him by the appendix to the constitution of Cuba, by the treaty between the United States and Cuba ratified July 1, 1904, and by the act of Congress of the United States approved March 2, 1901, the President of the United States has appointed me provisional governor of Cuba, to succeed the Hon. Wm. H. Taft, and I hereby assume that office.
The policy declared and the assurances given by my predecessor, Secretary Taft, will be strictly adhered to and carried out.
As provisional governor I shall exercise the powers and perform the duties contemplated and provided for by the third article of the appendix to the constitution of Cuba, for the preservation of Cuban independence and for the protection of life, property, and individual liberty.
As soon as it shall prove to be consistent with the attainment of these ends I shall seek to bring about the restoration of the ordinary agencies and methods of government under the other and general provisions of the Cuban constitution.
All provisions of the constitution and laws the application of which for the time being would be inconsistent with the exercise of the powers provided for by the third article of the appendix must be deemed to be in abeyance. All other provisions of the constitution and laws continue in full force and effect.
Provisional Governor.
executive order.
It is hereby ordered that the temporary administration of the government of the Republic of Cuba in virtue of the requirements of article 3 of the treaty of May 22, 1903, shall be conducted in Habana by the provisional governor, subject to the supervision of the Secretary of War; and all business in relation thereto in this country will be transacted in the Bureau of Insular Affairs of the War Department, where it will be made a matter of official record.
October 23, 1906.