Compilation of the Messages and Papers of the Presidents Part 13

[SEAL.]

Done at the city of Washington, this 12th day of August, A.D. 1898, and of the Independence of the United States the one hundred and twenty-third.

WILLIAM McKINLEY.

By the President: WILLIAM R. DAY, _Secretary of State_.

[Footnote 30: See p. 174.]

BY THE PRESIDENT OF THE UNITED STATES.

A PROCLAMATION.

The approaching November brings to mind the custom of our ancestors, hallowed by time and rooted in our most sacred traditions, of giving thanks to Almighty G.o.d for all the blessings He has vouchsafed to us during the year.

Few years in our history have afforded such cause for thanksgiving as this. We have been blessed by abundant harvests; our trade and commerce have wonderfully increased; our public credit has been improved and strengthened; all sections of our common country have been brought together and knitted into closer bonds of national purpose and unity.

The skies have been for a time darkened by the cloud of war, but as we were compelled to take up the sword in the cause of humanity we are permitted to rejoice that the conflict has been of brief duration and the losses we have had to mourn, though grievous and important, have been so few, considering the great results accomplished, as to inspire us with grat.i.tude and praise to the Lord of Hosts. We may laud and magnify His holy name that the cessation of hostilities came so soon as to spare both sides the countless sorrows and disasters that attend protracted war.

I do therefore invite all my fellow-citizens, as well those who may be at sea or sojourning in foreign lands as those at home, to set apart and observe Thursday, the 24th day of November, as a day of national thanksgiving, to come together in their several places of worship for a service of praise and thanks to Almighty G.o.d for all the blessings of the year, for the mildness of the seasons and the fruitfulness of the soil, for the continued prosperity of the people, for the devotion and valor of our countrymen, for the glory of our victory and the hope of a righteous peace, and to pray that the divine guidance which has brought us heretofore to safety and honor may be graciously continued in the years to come.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 28th day of October, A.D. 1898, and of the Independence of the United States the one hundred and twenty-third.

WILLIAM McKINLEY.

By the President: JOHN HAY, _Secretary of State_.

EXECUTIVE ORDERS.

EXECUTIVE MANSION, _Washington, May 7, 1898_.

DEWEY, _Care American Consul, Hongkong_:

The President, in the name of the American people, thanks you and your officers and men for your splendid achievement and overwhelming victory.

In recognition he has appointed you acting rear-admiral and will recommend a vote of thanks to you by Congress as a foundation for further promotion.

LONG.

EXECUTIVE MANSION, _Washington, May 19, 1898_.

The SECRETARY OF WAR.

SIR: The destruction of the Spanish fleet at Manila, followed by the taking of the naval station at Cavite, the paroling of the garrisons, and the acquisition of the control of the bay, has rendered it necessary, in the further prosecution of the measures adopted by this Government for the purpose of bringing about an honorable and durable peace with Spain, to send an army of occupation to the Philippines for the twofold purpose of completing the reduction of the Spanish power in that quarter and of giving order and security to the islands while in the possession of the United States. For the command of this expedition I have designated Major-General Wesley Merritt, and it now becomes my duty to give instructions as to the manner in which the movement shall be conducted.

The first effect of the military occupation of the enemy's territory is the severance of the former political relations of the inhabitants and the establishment of a new political power. Under this changed condition of things the inhabitants, so long as they perform their duties, are ent.i.tled to security in their persons and property and in all their private rights and relations. It is my desire that the people of the Philippines should be acquainted with the purpose of the United States to discharge to the fullest extent its obligations in this regard.

It will therefore be the duty of the commander of the expedition, immediately upon his arrival in the islands, to publish a proclamation declaring that we come not to make war upon the people of the Philippines, nor upon any party or faction among them, but to protect them in their homes, in their employments, and in their personal and religious rights. All persons who, either by active aid or by honest submission, cooperate with the United States in its efforts to give effect to this beneficent purpose will receive the reward of its support and protection. Our occupation should be as free from severity as possible.

Though the powers of the military occupant are absolute and supreme and immediately operate upon the political condition of the inhabitants, the munic.i.p.al laws of the conquered territory, such as affect private rights of person and property and provide for the punishment of crime, are considered as continuing in force, so far as they are compatible with the new order of things, until they are suspended or superseded by the occupying belligerent; and in practice they are not usually abrogated, but are allowed to remain in force and to be administered by the ordinary tribunals substantially as they were before the occupation.

This enlightened practice is, so far as possible, to be adhered to on the present occasion. The judges and the other officials connected with the administration of justice may, if they accept the authority of the United States, continue to administer the ordinary law of the land as between man and man under the supervision of the American commander in chief. The native constabulary will, so far as may be practicable, be preserved. The freedom of the people to pursue their accustomed occupations will be abridged only when it may be necessary to do so.

While the rule of conduct of the American commander in chief will be such as has just been defined, it will be his duty to adopt measures of a different kind if, unfortunately, the course of the people should render such measures indispensable to the maintenance of law and order.

He will then possess the power to replace or expel the native officials in part or altogether, to subst.i.tute new courts of his own const.i.tution for those that now exist, or to create such new or supplementary tribunals as may be necessary. In the exercise of these high powers the commander must be guided by his judgment and his experience and a high sense of justice.

One of the most important and most practical problems with which the commander of the expedition will have to deal is that of the treatment of property and the collection and administration of the revenues.

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

Private property, whether belonging to individuals or corporations, is to be respected, and can be confiscated only as hereafter indicated.

Means of transportation, such as telegraph lines and cables, railways, and boats, may, although they belong to private individuals or corporations, be seized by the military occupant, but unless destroyed under military necessity are not to be retained.

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

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

In order that there may be no conflict of authority between the army and the navy in the administration of affairs in the Philippines, you are instructed to confer with the Secretary of the Navy so far as necessary for the purpose of devising measures to secure the harmonious action of those, two branches of the public service.

I will give instructions to the Secretary of the Treasury to make a report to me upon the subject of the revenues of the Philippines, with a view to the formulation of such revenue measures as may seem expedient.

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

WILLIAM McKINLEY.

EXECUTIVE MANSION, _Washington, May 19, 1898_.

The SECRETARY OF THE TREASURY.

SIR: The destruction of the Spanish fleet at Manila, followed by the taking of the naval station at Cavite, the paroling of the garrisons, and the acquisition of the control of the bay, has rendered it necessary, in the further prosecution of the measures adopted by this Government for the purpose of bringing about an honorable and durable peace with Spain, to send an army of occupation to the Philippines for the twofold purpose of completing the reduction of the Spanish power in that quarter and of giving to the islands order and security while in the possession of the United States. For the command of this expedition I have designated Major-General Wesley Merritt, and it now becomes my duty to give instructions as to the manner in which the movement shall be conducted.

It is held to be the right to levy contributions upon the enemy in all places which may be in military possession by conquest, and to apply the proceeds to defray the cost of the war, including the expenses of government during the military occupation. It is desirable, however, and in accordance with the views of modern civilization, to confine the exercise of this power, so far as possible, to the collection of such contributions as are equivalent to the duties and taxes already established in the territory. I have determined to order that all ports or places in the Philippines which may be in the actual possession of our land and naval forces by conquest shall be opened, while our military occupation may continue, to the commerce of all neutral nations, as well as our own, in articles not contraband of war, upon payment of the rates of duty which may be in force at the time when the goods are imported. In the execution of this policy it may be advisable to subst.i.tute new rates of duty and new taxes for those now levied in the Philippines. You are therefore instructed to examine the existing Spanish laws in relation to duties and taxes, and to report to me such recommendations as you may deem it proper to make with respect either to the rates of duties and taxes or to the regulations which should be adopted for their imposition and collection.

As the levy of all contributions in territory occupied by a belligerent is a military right derived from the law of nations, the collection and distribution of duties and taxes in the Philippines during the military occupation of the United States will be made, under the orders of the Secretary of War and the Secretary of the Navy, by the military or naval commanders, as the case may be, of the ports or places which may be in the possession of our forces. Your report is desired in order that I may be able to give the proper directions to the Department of War and of the Navy.

WILLIAM McKINLEY.