Chapter 12

The system of civil jurisprudence now adopted by the people of this island is described by competent lawyers who are familiar with it, as thoroughly modern and scientific, so far as it relates to matters of internal business, trade, production, and social and private right in general. The cities of the island are governed under charters which probably require very little or no change. So that with relation to matters of local concern and private right, it is not probable that much, if any, legislation is desirable; but with reference to public administration and the relations of the island to the Federal Government, there are many matters which are of pressing urgency. The same necessity exists for legislation on the part of Congress to establish Federal courts and Federal jurisdiction in the island as has been previously pointed out by me with reference to Hawaii. Besides the administration of justice, there are the subjects of the public lands; the control and improvement of rivers and harbors; the control of the waters or streams not navigable, which, under the Spanish law, belonged to the Crown of Spain, and have by the treaty of cession passed to the United States; the immigration of people from foreign countries; the importation of contract labor; the imposition and collection of internal revenue; the application of the navigation laws; the regulation of the current money; the establishment of post-offices and post-roads; the regulation of tariff rates on merchandise imported from the island into the United States; the establishment of ports of entry and delivery; the regulation of patents and copyrights; these, with various other subjects which rest entirely within the power of the Congress, call for careful consideration and immediate action.

It must be borne in mind that since the cession Puerto Rico has been denied the principal markets she had long enjoyed and our tariffs have been continued against her products as when she was under Spanish sovereignty. The markets of Spain are closed to her products except upon terms to which the commerce of all nations is subjected. The island of Cuba, which used to buy her cattle and tobacco without customs duties, now imposes the same duties upon these products as from any other country entering her ports. She has therefore lost her free intercourse with Spain and Cuba without any compensating benefits in this market. Her coffee was little known and not in use by our people, and therefore there was no demand here for this, one of her chief products. The markets of the United States should be opened up to her products. Our plain duty is to abolish all customs tariffs between the United States and Puerto Rico and give her products free access to our markets.

As a result of the hurricane which swept over Puerto Rico on the 8th of August, 1899, over 100,000 people were reduced to absolute destitution, without homes, and deprived of the necessaries of life. To the appeal of the War Department the people of the United States made prompt and generous response. In addition to the private charity of our people, the War Department has expended for the relief of the distressed $392,342.63, which does not include the cost of transportation.

It is desirable that the government of the island under the law of belligerent right, now maintained through the Executive Department, should be superseded by an administration entirely civil in its nature. For present purposes I recommend that Congress pass a law for the organization of a temporary government, which shall provide for the appointment by the President, subject to confirmation by the Senate, of a governor and such other officers as the general administration of the island may require, and that for legislative purposes upon subjects of a local nature not partaking of a Federal character a legislative council, composed partly of Puerto Ricans and partly of citizens of the United States, shall be nominated and appointed by the President, subject to confirmation by the Senate, their acts to be subject to the approval of the Congress or the President prior to going into effect. In the municipalities and other local subdivisions I recommend that the principle of local self-government be applied at once, so as to enable the intelligent citizens of the island to participate in their own government and to learn by practical experience the duties and requirements of a self-contained and self-governing people. I have not thought it wise to commit the entire government of the island to officers selected by the people, because I doubt whether in habits, training, and experience they are such as to fit them to exercise at once so large a degree of self-government; but it is my judgment and expectation that they will soon arrive at an attainment of experience and wisdom and self-control that will justify conferring upon them a much larger participation in the choice of their insular officers.

The fundamental requirement for these people, as for all people, is education. The free schoolhouse is the best preceptor for citizenship. In the introduction of modern educational methods care, however, must be exercised that changes be not made too abruptly and that the history and racial peculiarities of the inhabitants shall be given due weight. Systems of education in these new possessions founded upon common-sense methods, adapted to existing conditions and looking to the future moral and industrial advancement of the people, will commend to them in a peculiarly effective manner the blessings of free government.

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The love of law and the sense of obedience and submission to the lawfully constituted judicial tribunals are embedded in the hearts of our people, and any violation of these sentiments and disregard of their obligations justly arouses public condemnation. The guaranties of life, liberty, and of civil rights should be faithfully upheld; the right of trial by jury respected and defended. The rule of the courts should assure the public of the prompt trial of those charged with criminal offenses, and upon conviction the punishment should be commensurate with the enormity of the crime.

Those who, in disregard of law and the public peace, unwilling to await the judgment of court and jury, constitute themselves judges and executioners should not escape the severest penalties for their crimes.

What I said in my inaugural address of March 4, 1897, I now repeat:

The constituted authorities must be cheerfully and vigorously upheld. Lynchings must not be tolerated in a great and civilized country like the United States. Courts, not mobs, must execute the penalties of the laws. The preservation of public order, the right of discussion, the integrity of courts, and the orderly administration of justice must continue forever the rock of safety upon which our Government securely rests.

In accordance with the act of Congress providing for an appropriate national celebration in the year 1900 of the establishment of the seat of Government in the District of Columbia, I have appointed a committee, consisting of the governors of all the States and Territories of the United States, who have been invited to assemble in the city of Washington on the 21st of December, 1899, which, with the committees of the Congress and the District of Columbia, are charged with the proper conduct of this celebration.

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Congress at its last session appropriated five thousand dollars "to enable the Chief of Engineers of the Army to continue the examination of the subject and to make or secure designs, calculations, and estimates for a memorial bridge from the most convenient point of the Naval Observatory grounds, or adjacent thereto, across the Potomac River to the most convenient point of the Arlington estate property." In accordance with the provisions of this act, the Chief of Engineers has selected four eminent bridge engineers to submit competitive designs for a bridge combining the elements of strength and durability and such architectural embellishment and ornamentation as will fitly apply to the dedication, "A memorial to American patriotism." The designs are now being prepared, and as soon as completed will be submitted to the Congress by the Secretary of War. The proposed bridge would be a convenience to all the people from every part of the country who visit the national cemetery, an ornament to the Capital of the Nation, and forever stand as a monument to American patriotism. I do not doubt that Congress will give to the enterprise still further proof of its favor and approval.

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The executive order of May 6, 1896, extending the limits of the classified service, brought within the operation of the civil-service law and rules nearly all of the executive civil service not previously classified.

Some of the inclusions were found wholly illogical and unsuited to the work of the several Departments. The application of the rules to many of the places so included was found to result in friction and embarrassment. After long and very careful consideration, it became evident to the heads of the Departments, responsible for their efficiency, that in order to remove these difficulties and promote an efficient and harmonious administration certain amendments were necessary. These amendments were promulgated by me in executive order dated May 29, 1899.

The principal purpose of the order was to except from competitive examination certain places involving fiduciary responsibilities or duties of a strictly confidential, scientific, or executive character which it was thought might better be filled either by noncompetitive examination, or in the discretion of the appointing officer, than by open competition. These places were comparatively few in number. The order provides for the filling of a much larger number of places, mainly in the outside service of the War Department, by what is known as the registration system, under regulations to be approved by the President, similar to those which have produced such admirable results in the navy-yard service.

All of the amendments had for their main object a more efficient and satisfactory administration of the system of appointments established by the civil-service law. The results attained show that under their operation the public service has improved and that the civil-service system is relieved of many objectionable features which heretofore subjected it to just criticism and the administrative officers to the charge of unbusinesslike methods in the conduct of public affairs. It is believed that the merit system has been greatly strengthened and its permanence assured. It will be my constant aim in the administration of government in our new possessions to make fitness, character, and merit essential to appointment to office, and to give to the capable and deserving inhabitants preference in appointments.

The 14th of December will be the One Hundredth Anniversary of the death of Washington. For a hundred years the Republic has had the priceless advantage of the lofty standard of character and conduct which he bequeathed to the American people. It is an inheritance which time, instead of wasting, continually increases and enriches. We may justly hope that in the years to come the benignant influence of the Father of his Country may be even more potent for good than in the century which is drawing to a close. I have been glad to learn that in many parts of the country the people will fittingly observe this historic anniversary.

Presented to this Congress are great opportunities. With them come great responsibilities. The power confided to us increases the weight of our obligations to the people, and we must be profoundly sensible of them as we contemplate the new and grave problems which confront us. Aiming only at the public good, we cannot err. A right interpretation of the people's will and of duty cannot fail to insure wise measures for the welfare of the islands which have come under the authority of the United States, and inure to the common interest and lasting honor of our country. Never has this Nation had more abundant cause than during the past year for thankfulness to God for manifold blessings and mercies, for which we make reverent acknowledgment.

WILLIAM McKINLEY.

EXECUTIVE MANSION, _Washington, December 11, 1899_.

_To the Senate and House of Representatives_:

I transmit herewith, for the consideration of the Congress, a communication from the secretary of the Chamber of Commerce of the State of New York, inclosing resolutions unanimously adopted by that chamber on June 1, 1899, requesting legislation authorizing the appointment of commercial _attachés_ to the principal embassies and legations of the United States.

WILLIAM McKINLEY.

EXECUTIVE MANSION, _January 4, 1900_.

_To the Senate of the United States_:

In compliance with a resolution of the Senate of December 20, 1899, I transmit herewith a copy of the report of the commission appointed by the President to investigate the conduct of the War Department in the war with Spain, together with a copy of all the testimony taken by said commission.

WILLIAM McKINLEY.

EXECUTIVE MANSION, _Washington, February 1, 1900_.

_To the Senate of the United States_:

In compliance with the resolution of the Senate of January 24, 1900, I transmit herewith a copy of the report and all accompanying papers of Brig-Gen. John C. Bates, in relation to the negotiations of a treaty or agreement made by him with the Sultan of Sulu on the 20th day of August, 1899.

I reply to the request and said resolution for further information that the payments of money provided for by the agreement will be made from the revenues of the Philippine Islands, unless Congress shall otherwise direct.

Such payments are not for specific services but are a part consideration due to the Sulu tribe or nation under the agreement, and they have been stipulated for subject to the action of Congress in conformity with the practice of this Government from the earliest times in its agreements with the various Indian nations occupying and governing portions of the territory subject to the sovereignty of the United States.

WILLIAM McKINLEY.

EXECUTIVE MANSION, _February 2, 1900_.

_To the Senate and House of Representatives_:

I transmit herewith, for the information of the Congress, a report of a commission appointed by me on January 20, 1899, to investigate affairs in the Philippine Islands.

WILLIAM McKINLEY.

EXECUTIVE MANSION, _February 21, 1900_.

_To the House of Representatives_:

I transmit herewith a report from the Secretary of State, in response to the resolution of the House of Representatives of February 19, 1900, calling upon him to inform the House of Representatives--

1. If "Charles E. Macrum, as consul of the American Government, informed the State Department that his official mail had been opened and read by the British censor at Durban, and if so, what steps, if any, have been taken in relation thereto; and

2. "What truth there is in the charge that a secret alliance exists between the Republic of the United States and the Empire of Great Britain."

WILLIAM McKINLEY.

EXECUTIVE MANSION, _March 5, 1900_.

_To the Senate_:

In response to the following resolution of the Senate of January 17, 1900, requesting the President--

If in his judgment not incompatible with the public interest, to communicate to the Senate all communications which have been received by him or by any Department or officer, civil or military, from Aguinaldo or any other person undertaking to represent the people in arms against the United States in the Philippine Islands, or any alleged government or public authority of said people, and all replies to such communications;

Also, the proclamation sent by him to be issued to the people of the Philippine Islands, as actually directed by him to be issued, and the same as actually proclaimed by General Otis, if in any respect it was altered or any part of it was omitted;

Also, to inform the Senate whether any approval or disapproval was expressed by his authority, or that of the War Department, of such change, if any;

Also, all constitutions, forms of government, or proclamations issued by Aguinaldo, or any congress or legislative assembly or body claiming to be such, or convention of the people of the Philippine Islands, or any part thereof, or claiming to represent them or any part thereof, of which information may have come to him or to any Department of the Government;

Also, all instructions given by him to the commissioners of the Philippine Islands, or either of them;

Also, any information which may have come to him, or any Department of the Government, since January 1, 1898, in regard to any plans of the people in arms against the United States for the pillage of Manila, for risings in the city, or for the destruction of foreign property and the massacre of foreign residents;

Also, any information that may have come to him, or any Department of the Government, of the treatment of the other inhabitants of the Philippines by those in arms against the authority of the United States, and of the attitude and feeling of such other inhabitants or tribes toward the so-called government of Aguinaldo and his armed followers;

Also, any information that may have come to him, or any Department of the Government, of the treatment of prisoners, either Spanish or American, by the people in arms against the authority of the United States;

Also, any information that may have come to him, or any Department of the Government, as to any aid or encouragement received by Aguinaldo and his followers from persons in the United States; as to what pamphlets, speeches, or other documents emanating from the United States and adverse to its authority and to its policy were circulated in whole or in part among the Filipinos in arms against the United States, among the other inhabitants of the islands, or among the soldiers of the United States, and any information as to the effect, if any, of such pamphlets, speeches, and other documents, or of similar utterances in the United States upon the course of the rebellion against the United States;

Also, any further or other information which would tend to throw light upon the conduct and events of the insurrection against the authority of the United States in the Philippine Islands, and of the military movements for its suppression since January 1, 1898.

And that the President be further requested to communicate, without delay, so much of such information as is now in his possession or in that of any Department at Washington, without waiting to obtain so much of said information as may require considerable delay or communication with the Philippine Islands, and to communicate the remainder of the information as soon thereafter as it can be obtained,

I transmit herewith the following papers:

First. Copies of all communications which have been received by me, or by any Department or officer, civil or military, from Aguinaldo, or any other person undertaking to represent the people in arms against the United States in the Philippine Islands, or any alleged government or public authority of said people, and copies of all replies to such communications, so far as such communications and replies have been reported to me or to any Executive Department. Said copies of documents are appended hereto marked "I."

Second. Copy of instructions relating to a proclamation sent to General Otis and of the proclamation issued by General Otis pursuant thereto. Said copies of documents are appended hereto, marked "II." No disapproval of the said proclamation was expressed by my authority or that of the War Department. It was, in fact, approved by me, although no formal communication to that effect was sent to General Otis.

Also, among the papers marked "II," a letter of instructions to Maj.-Gen. Wesley Merritt, commanding the army in the Philippines, under date of May 28, 1898, and a proclamation issued by him to the people of the Philippines dated August 14, 1898.

Third. Copies of English translations of all constitutions, forms of government, or proclamations issued by Aguinaldo, or any congress or legislative assembly or body claiming to be such, or convention of the people of the Philippine Islands, or any part thereof, or claiming to represent them, or any part thereof, of which information has come to me or to any Department of the Government. Said copies of documents are appended hereto marked "III."

Fourth. Copies of all written instructions given by me to the commissioners to the Philippine Islands, or either of them. Said copies of documents are appended hereto marked "IV."

Fifth. Such information as has come to me, or any Department of the Government, since January 1, 1898, in regard to any plans of the people in arms against the United States for the pillage of Manila, for risings in the city, or for the destruction of foreign property and the massacre of foreign residents. Said copies of documents are appended hereto marked "V."

Sixth. The information which has come to me, or any Department of the Government, of the treatment of the other inhabitants of the Philippines by those in arms against the authority of the United States, and of the attitude and feeling of such other inhabitants or tribes toward the so-called government of Aguinaldo and his armed followers, is contained in the preliminary statement of the Philippine Commission, dated November 2, 1899, in the report of the Philippine Commission, dated January 31, 1900, and transmitted by me to Congress February 2, 1900, together with the preliminary statement, and the report of Maj.-Gen. E. S. Otis, United States Volunteers, commanding the Department of the Pacific and Eighth Army Corps, dated August 31, 1899, and transmitted to Congress with the report of the Secretary of War, dated November 29, 1899, with the accompanying documents.

Seventh. The information which has come to me, or any Department of the Government, of the treatment of prisoners, either Spanish or American, by the people in arms against the authority of the United States, is contained in the same documents.

Eighth. The information that has come to me, or any Department of the Government, as to any aid or encouragement received by Aguinaldo and his followers from persons in the United States, as to what pamphlets, speeches, or other documents emanating from the United States, and adverse to its authority and to its policy, were circulated, in whole or in part, among the Filipinos in arms against the United States, among the other inhabitants of the islands, or among the soldiers of the United States, and any information as to the effect, if any, of such pamphlets, speeches, and other documents, or of similar utterances in the United States upon the course of the rebellion against the United States is contained in the same documents, and the copies of documents appended hereto marked "VI."

WILLIAM McKINLEY.

EXECUTIVE MANSION, _March 15, 1900_.

_To the Senate of the United States_:

In response to the resolution of the Senate of March 12, 1900, calling for the correspondence touching the request of the Government of the South African Republics for my intervention with a view to the cessation of hostilities, I transmit herewith a report of the Secretary of State furnishing the requested papers.

WILLIAM McKINLEY.

EXECUTIVE MANSION, _March 21, 1900_.

_To the Senate_: