Part 11
I recommend to the Congress the granting of an appropriation for this purpose and the appointment of a committee from its respective bodies. It might also be advisable to authorize the President to appoint a committee from the country at large, which, acting with the Congressional and District of Columbia committees, can complete the plans for an appropriate national celebration.
The alien contract law is shown by experience to need some amendment; a measure providing better protection for seamen is proposed; the rightful application of the eight-hour law for the benefit of labor and of the principle of arbitration are suggested for consideration; and I commend these subjects to the careful attention of the Congress.
The several departmental reports will be laid before you. They give in great detail the conduct of the affairs of the Government during the past year and discuss many questions upon which the Congress may feel called upon to act.
WILLIAM McKINLEY.
[Footnote 12: See pp. 127-136.] [Footnote 13: pp. 139-150.] [Footnote 14: See pp. 202-203.] [Footnote 15: See pp. 203-204.] [Footnote 16: See pp. 153-155.] [Footnote 17: See p. 201.] [Footnote 18: See p. 155.] [Footnote 19: See pp. 204-205.] [Footnote 20: See pp. 203-204.] [Footnote 21: See pp. 205-206.] [Footnote 22: See pp. 206-207.] [Footnote 23: See Vol. VIII, pp. 501-503.]
AN ACT declaring that war exists between the United States of America and the Kingdom of Spain.
_Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled_, First. That war be, and the same is hereby, declared to exist, and that war has existed since the 21st day of April, A.D. 1898, including said day, between the United States of America and the Kingdom of Spain.
Second. That the President of the United States be, and he hereby is, directed and empowered to use the entire land and naval forces of the United States and to call into the actual service of the United States the militia of the several States to such extent as may be necessary to carry this act into effect.
Approved, April 25, 1898.
EXECUTIVE MANSION, _Washington, February 10, 1899_.
_To the Senate and House of Representatives_:
As a consequence of the ratification of the treaty of peace between the United States and Spain and its expected ratification by the Spanish Government, the United States will come into possession of the Philippine Islands, on the farther shores of the Pacific. The Hawaiian Islands and Guam becoming United States territory and forming convenient stopping places on the way across the sea, the necessity for speedy cable communication between the United States and all these Pacific islands has become imperative.
Such communication should be established in such a way as to be wholly under the control of the United States, whether in time of peace or of war. At present the Philippines can be reached only by cables which pass through many foreign countries, and the Hawaiian Islands and Guam can only be communicated with by steamers, involving delays in each instance of at least a week. The present conditions should not be allowed to continue for a moment longer than is absolutely necessary.
So long ago as 1885 reference was made in an Executive message to Congress to the necessity for cable communication between the United States and Hawaii. This necessity has greatly increased since then. The question has been discussed in the Fifty-second, Fifty-fourth, and Fifty-fifth Congresses, in each of which some effort has been made looking toward laying a cable at least as far as the Hawaiian Islands. The time has now arrived when a cable in the Pacific must extend at least as far as Manila, touching at the Hawaiian Islands and Guam on the way.
Two methods of establishing this cable communication at once suggest themselves: First, construction and maintenance of such a cable by and at the expense of the United States Government, and, second, construction and maintenance of such a cable by a private United States corporation, under such safeguards as Congress shall impose.
I do not make any recommendations to Congress as to which of these methods would be the more desirable. A cable of the length of that proposed requires so much time for construction and laying that it is estimated that at least two years must elapse after giving the order for the cable before the entire system could be successfully laid and put in operation. Further deep-sea soundings must be taken west of the Hawaiian Islands before the final route for the cable can be selected. Under these circumstances it becomes a paramount necessity that measures should be taken before the close of the present Congress to provide such means as may seem most suitable for the establishment of a cable system.
I commend the whole subject to the careful consideration of the Congress and to such prompt action as may seem advisable.
WILLIAM McKINLEY.
PROCLAMATIONS.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by a joint resolution passed by the Congress and approved April 20, 1898,[24] and communicated to the Government of Spain, it was demanded that said Government at once relinquish its authority and government in the island of Cuba and withdraw its land and naval forces from Cuba and Cuban waters, and the President of the United States was directed and empowered to use the entire land and naval forces of the United States and to call into the actual service of the United States the militia of the several States to such extent as might be necessary to carry said resolution into effect; and
Whereas in carrying into effect said resolution the President of the United States deems it necessary to set on foot and maintain a blockade of the north coast of Cuba, including all ports on said coast between Cardenas and Bahia Honda, and the port of Cienfuegos, on the south coast of Cuba:
Now, therefore, I, William McKinley, President of the United States, in order to enforce the said resolution, do hereby declare and proclaim that the United States of America have instituted and will maintain a blockade of the north coast of Cuba, including ports on said coast between Cardenas and Bahia Honda, and the port of Cienfuegos, on the south coast of Cuba, aforesaid, in pursuance of the laws of the United States and the law of nations applicable to such cases. An efficient force will be posted so as to prevent the entrance and exit of vessels from the ports aforesaid. Any neutral vessel approaching any of said ports or attempting to leave the same without notice or knowledge of the establishment of such blockade will be duly warned by the commander of the blockading forces, who will indorse on her register the fact and the date of such warning, where such indorsement was made; and if the same vessel shall again attempt to enter any blockaded port she will be captured and sent to the nearest convenient port for such proceedings against her and her cargo as prize as may be deemed advisable.
Neutral vessels lying in any of said ports at the time of the establishment of such blockade will be allowed thirty days to issue therefrom. 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 22d day of April, A.D. 1898, and of the Independence of the United States the one hundred and twenty-second.
WILLIAM McKINLEY.
By the President: JOHN SHERMAN, _Secretary of State_.
[Footnote 24: See p. 155.]
BY THE PRESIDENT OF THE UNITED STATES.
A PROCLAMATION.
Whereas a joint resolution of Congress was approved on the 20th day of April, 1898,[25] entitled "Joint resolution for the recognition of the independence of the people of Cuba, demanding that the Government of Spain relinquish its authority and government in the island of Cuba and to withdraw its land and naval forces from Cuba and Cuban waters, and directing the President of the United States to use the land and naval forces of the United States to carry these resolutions into effect;" and
Whereas by an act of Congress entitled "An act to provide for temporarily increasing the military establishment of the United States in time of war, and for other purposes," approved April 22, 1898, the President is authorized, in order to raise a volunteer army, to issue his proclamation calling for volunteers to serve in the Army of the United States:
Now, therefore, I, William McKinley, President of the United States, by virtue of the power vested in me by the Constitution and the laws, and deeming sufficient occasion to exist, have thought fit to call forth, and hereby do call forth, volunteers to the aggregate number of 125,000 in order to carry into effect the purpose of the said resolution, the same to be apportioned, as far as practicable, among the several States and Territories and the District of Columbia according to population and to serve for two years unless sooner discharged. The details for this object will be immediately communicated to the proper authorities through the War Department.
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 23d day of April, A.D. 1898, and of the Independence of the United States the one hundred and twenty-second.
WILLIAM McKINLEY.
By the President: JOHN SHERMAN, _Secretary of State_.
[Footnote 25: See p. 155.]
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by an act of Congress approved April 25, 1898,[26] it is declared that war exists and that war has existed since the 21st day of April, A.D. 1898, including said day, between the United States of America and the Kingdom of Spain; and
Whereas, it being desirable that such war should be conducted upon principles in harmony with the present views of nations and sanctioned by their recent practice, it has already been announced that the policy of this Government will be not to resort to privateering, but to adhere to the rules of the Declaration of Paris:
Now, therefore, I, William McKinley, President of the United States of America, by virtue of the power vested in me by the Constitution and the laws, do hereby declare and proclaim:
1. The neutral flag covers enemy's goods with the exception of contraband of war.
2. Neutral goods not contraband of war are not liable to confiscation under the enemy's flag.
3. Blockades in order to be binding must be effective.
4. Spanish merchant vessels in any ports or places within the United States shall be allowed till May 21, 1898, inclusive, for loading their cargoes and departing from such ports or places; and such Spanish merchant vessels, if met at sea by any United States ship, shall be permitted to continue their voyage if on examination of their papers it shall appear that their cargoes were taken on board before the expiration of the above term: _Provided_, That nothing herein contained shall apply to Spanish vessels having on board any officer in the military or naval service of the enemy, or any coal (except such as may be necessary for their voyage), or any other article prohibited or contraband of war, or any dispatch of or to the Spanish Government.
5. Any Spanish merchant vessel which prior to April 21, 1898, shall have sailed from any foreign port bound for any port or place in the United States shall be permitted to enter such port or place and to discharge her cargo, and afterwards forthwith to depart without molestation; and any such vessel, if met at sea by any United States ship, shall be permitted to continue her voyage to any port not blockaded.
6. The right of search is to be exercised with strict regard for the rights of neutrals, and the voyages of mail steamers are not to be interfered with except on the clearest grounds of suspicion of a violation of law in respect of contraband or blockade.
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 on the 26th day of April, A.D. 1898, and of the Independence of the United States the one hundred and twenty-second.
WILLIAM McKINLEY.
By the President: ALVEY A. ADEE, _Acting Secretary of State_.
[Footnote 26: See p. 201.]
BY THE PRESIDENT OF THE UNITED STATES.
A PROCLAMATION.
Whereas an act of Congress was approved on the 25th day of April, 1898,[27] entitled "An act declaring that war exists between the United States of America and the Kingdom of Spain;" and
Whereas by an act of Congress entitled "An act to provide for temporarily increasing the military establishment of the United States in time of war and for other purposes," approved April 22, 1898, the President is authorized, in order to raise a volunteer army, to issue his proclamation calling for volunteers to serve in the Army of the United States:
Now, therefore, I, William McKinley, President of the United States, by virtue of the power vested in me by the Constitution and the laws, and deeming sufficient occasion to exist, have thought fit to call forth, and hereby do call forth, volunteers to the aggregate number of 75,000 in addition to the volunteers called forth by my proclamation of the 23d of April, in the present year,[28] the same to be apportioned, as far as practicable, among the several States and Territories and the District of Columbia according to population and to serve for two years unless sooner discharged. The proportion of each arm and the details of enlistment and organization will be made known through the War Department. 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 25th day of May, A.D. 1898, and of the Independence of the United States the one hundred and twenty-second.
WILLIAM McKINLEY.
By the President: WILLIAM R. DAY, _Secretary of State_.
[Footnote 27: See p. 201.]
[Footnote 28: See pp. 203-204.]
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas, for the reasons set forth in my proclamation of April 22, 1898,[29] a blockade of the ports on the northern coast of Cuba from Cardenas to Bahia Honda, inclusive, and of the port of Cienfuegos, on the south coast of Cuba, was declared to have been instituted; and
Whereas it has become desirable to extend the blockade to other Spanish ports:
Now, therefore, I, William McKinley, President of the United States, do hereby declare and proclaim that in addition to the blockade of the ports specified in my proclamation of April 22, 1898, the United States of America has instituted and will maintain an effective blockade of all the ports on the south coast of Cuba from Cape Frances to Cape Cruz, inclusive, and also of the port of San Juan, in the island of Puerto Rico.
Neutral vessels lying in any of the ports to which the blockade is by the present proclamation extended will be allowed thirty days to issue therefrom with cargo.
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 27th day of June, A.D. 1898, and of the Independence of the United States the one hundred and twenty-second.
WILLIAM McKINLEY.
By the President: J.B. MOORE, _Acting Secretary of State_.
[Footnote 29: See pp. 202-203.]
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by a protocol concluded and signed August 12, 1898[30] by William R. Day, Secretary of State of the United States, and His Excellency Jules Cambon, ambassador extraordinary and plenipotentiary of the Republic of France at Washington, respectively representing for this purpose the Government of the United States and the Government of Spain, the United States and Spain have formally agreed upon the terms on which negotiations for the establishment of peace between the two countries shall be undertaken; and
Whereas it is in said protocol agreed that upon its conclusion and signature hostilities between the two countries shall be suspended and that notice to that effect shall be given as soon as possible by each Government to the commanders of its military and naval forces:
Now, therefore, I, William McKinley, President of the United States, do, in accordance with the stipulations of the protocol, declare and proclaim on the part of the United States a suspension of hostilities and do hereby command that orders be immediately given through the proper channels to the commanders of the military and naval forces of the United States to abstain from all acts inconsistent with this proclamation.
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 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 God 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 gratitude 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 God 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 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, 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 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 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.