EXECUTIVE ORDERS OF THE PRESIDENT OF THE UNITED STATES RELATIVE TO THE ORGANIZATION AND ADMINISTRATION OF MILITARY AND CIVIL GOVERNMENTS, AND TO CIVIL AFFAIRS IN THE PHILIPPINE ISLANDS, PORTO RICO, AND CUBA, INCLUDING CERTAIN ADMINISTRATIVE ORDERS PARTAKING OF THE CHARACTER OF EXECUTIVE ORDERS FROM MARCH 4, 1898, TO MARCH 3, 1913.

(Proclamation, April 22, 1898. Blockading all ports of Cuba between Cardenas and Bahia Honda, and Cienfuegos. See p. 384, S. Doc. 105, 58th Cong., 2d sess.)1

(Proclamation, April 23, 1898.

Doc. 105, 58th Cong., 2d sess.)

Call for 125,000 volunteers. See p. 385, S.

(Proclamation, April 26, 1898. Neutrality and blockades during War with Spain. See p. 386, S. Doc. 105, 58th Cong., 2d sess.)

Instructions to the army of occupation, P. I.

EXECUTIVE ORDER.

To the SECRETARY OF WAR.

EXECUTIVE MANSION, Washington, May 19, 1898.

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 have 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 two-fold 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 Maj. Gen. 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,

1 The volumes to which citations are made are those of this series of compilations-see preface.

and in their personal and religious rights. All persons who, either by artive 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 persons 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 school houses, 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 these 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.

(Proclamation, May 25, 1898. Call for 75,000 additional volunteers. P. 387, S. Doc. 105, 58th Cong., 2d sess.)

(Proclamation, June 27, 1898. Ports from Cape Frances to Cape Cruz, Cuba, and port of San Juan, P. R., blockaded. P. 388, S. Doc. 105, 58th Cong., 2d sess.)

The President's address to the people for thanksgiving and prayer.

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 first 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.

EXECUTIVE MANSION, Washington, July 6, 1898.

Customs tariff and regulations for the Philippine Islands.

EXECUTIVE MANSION, July 12, 1898.

By virtue of the authority vested in me as Commander in Chief of the Army and Navy of the United States of America, I do hereby order and direct that, upon the occupation and possession of any ports and places in the Philippine Islands by the forces of the United States, the following tariff of duties and

taxes, to be levied and collected as a military contribution, and regulations for the administration thereof, shall take effect and be in force in the ports and places so occupied.

Questions arising under said tariff and regulations shall be decided by the general in command of the United States forces in those islands.

Necessary and authorized expenses for the administration of said tariff and regulations shall be paid from the collections thereunder.

Accurate accounts of collections and expenditures shall be kept and rendered to the Secretary of War.

WILLIAM MCKINLEY.

NOTE. The tariff referred to was a translation and adaptation of the former Spanish tariff.

Instructions to the army of occupation, Cuba,

EXECUTIVE ORDER.

To the SECRETARY OF WAR.

EXECUTIVE MANSION, Washington, July 13, 1898.

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 persons and property, and provide for the punishment of crime, are considered as continuing in force, so far as they are compatible with the new order of things, until they are suspended or superseded by the occupying belligerent, and in practice they are not usually abrogated, but are allowed to remain in force and to be administered by the ordinary tribunals, substantially as they were before the occupation. This enlightened practice is, so far as possible, to be adhered to on the present occasion. The judges and the other officials connected with the administration of justice may, if they accept the supremacy of the United States, continue to administer the ordinary law of the land, as between man and man, under the supervision of the American commander in chief. The native constabulary will, so far as may be practicable, be preserved. The freedom of the people to pursue their accustomed occupations will be abridged only when it may be necessary to do so.

While the rule of conduct of the American commander in chief will be such as has just been defined, it will be his duty to adopt measures of a different kind, if, unfortunately, the course of the people should render such measures indispensable to the maintenance of law and order. He will then possess the power to replace or expel the native officials in part or altogether, to substitute new courts of his own constitution for those that now exist, or to create such new or supplementary tribunals as may be necessary. In the exercise of these high powers the commander must be guided by his judgment and his experience and a high sense of justice.

One of the most important and most practical problems with which it will be necessary to deal is that of the treatment of property and the collection and administration of the revenues. It is conceded that all public funds and securities belonging to the government of the country in its own right, and all arms and supplies and other movable property of such government, may be seized by the military occupant and converted to his own use. The real property of the state he may hold and administer, at the same time enjoying the revenues thereof, but he is not to destroy it save in the case of military necessity. All public means of transportation, such as telegraph lines, cables, railways and boats belonging to the state, may be appropriated to his use, but unless in case of military necessity they are not to be destroyed. All churches and buildings devoted to religious worship and to the arts and sciences, and all schoolhouses are, so far as possible, to be protected, and all destruction or intentional defacement of such places, of historical monuments or archives, or of works of science or art is prohibited, save when required by urgent military necessity.

Private property, whether belonging to individuals or corporations, is to be respected, and can be confiscated only for cause. Means of transportation, such as telegraph lines and cables, railways and boats, may, although they belong to private individuals or corporations, be seized by the military occupant, but unless destroyed under military necessity are not to be retained.

While it is held to be the right of the conqueror to levy contributions upon the enemy in their seaports, towns, or provinces which may be in his military possession by conquest and to apply the proceeds to defray the expenses of the war, this right is to be exercised within such limitations that it may not savor of confiscation. As the result of military occupation the taxes and duties payable by the inhabitants to the former government become payable to the military occupant, unless he sees fit to substitute for them other rates or modes of contribution to the expenses of the government. The moneys so collected are to be used for the purpose of paying the expenses of government under the military occupation, such as the salaries of the judges and the police, and for the payment of the expenses of the Army.

Private property taken for the use of the Army is to be paid for, when possible, in cash at a fair valuation, and when payment in cash is not possible, receipts are to be given.

All ports and places in Cuba which may be in the actual possession of our land and naval forces will be opened to the commerce of all neutral nations, as well as our own, in articles not contraband of war, upon payment of the prescribed rates of duty which may be in force at the time of the importation. WILLIAM MCKINLEY.

Thanks of American people to the Army.

WASHINGTON, D. C., July 16, 1898.

General SHAFTER, Commanding United States Forces, Santiago, Playa: The President of the United States sends to you and your brave army the profound thanks of the American people for the brilliant achievements at Santiago, resulting in the surrender of the city and all of the Spanish troops and territory under Gen. Toral. Your splendid command has endured not only the hardships and sacrifices incident to campaign and battle, but in stress of heat and weather has triumphed over obstacles which would have overcome men less brave and determined. One and all have displayed the most conspicuous gallantry and earned the gratitude of the nation. The hearts of the people turn with tender sympathy to the sick and wounded. May the Father of Mercies protect and comfort them.

WILLIAM MCKINLEY.

Instructions to military commander in Santiago.

EXECUTIVE ORDER.

EXECUTIVE MANSION, Washington, July 18, 1898.

To the SECRETARY OF WAR.

SIR: The capitulation of the Spanish forces in Santiago de Cuba 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 com