covered by any lawful filing duly of record in the proper United States
Land Office, or upon which any valid settlement has been made pursuant
to law, and the statutory period within which to make entry or filing of
record has not expired: _Provided_, that this exception shall not
continue to apply to any particular tract of land unless the entryman,
settler or claimant continues to comply with the law under which the
entry, filing or settlement was made.
Warning is hereby expressly given to all persons not to make settlement
upon the lands reserved by this proclamation.
The reservation hereby established shall be known as The Santa Catalina
Forest Reserve.
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 second day of July, A.D. 1902, and
of the Independence of the United States the one hundred and
twenty-sixth.
THEODORE ROOSEVELT.
By the President:
JOHN HAY,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas, satisfactory proof has been given to me by the Government of
Cuba that no discriminating duties of tonnage or imposts are imposed or
levied in the ports of Cuba, upon vessels wholly belonging to citizens
of the United States or upon the produce, manufactures, or merchandise
imported in the same from the United States, or from any foreign
country:
Now, therefore, I, Theodore Roosevelt, President of the United States of
America, by virtue of the authority vested in me by section 4228 of the
Revised Statutes of the United States, do hereby declare and proclaim
that, from and after the date of this, my Proclamation, so long as
vessels of the United States and their cargoes shall be exempt from
discriminating duties as aforesaid, any such duties on Cuban vessels
entering the ports of the United States, or on the produce,
manufactures, or merchandise imported in such vessels, shall be
suspended and discontinued, and no longer.
In testimony 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, the third day of July, A.D. 1902, and of
the Independence of the United States the one hundred and twenty-sixth.
THEODORE ROOSEVELT.
By the President:
JOHN HAY,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas many of the inhabitants of the Philippine archipelago were in
insurrection against the authority and sovereignty of the kingdom of
Spain at divers times from August, 1896, until the cession of the
archipelago by that kingdom to the United States of America, and since
such cession many of the persons so engaged in insurrection have until
recently resisted the authority and sovereignty of the United States;
and
Whereas the insurrection against the authority and sovereignty of the
United States is now at an end, and peace has been established in all
parts of the archipelago except in the country inhabited by the Moro
tribes, to which this proclamation does not apply; and
Whereas during the course of the insurrection against the kingdom of
Spain and against the government of the United States, persons engaged
therein, or those in sympathy with and abetting them, committed many
acts in violation of the laws of civilized warfare; but it is believed
that such acts were generally committed in ignorance of these laws, and
under orders issued by the civil or military insurrectionary leaders;
and
Whereas it is deemed to be wise and humane, in accordance with the
beneficent purposes of the government of the United States toward the
Filipino people, and conducive to peace, order and loyalty among them,
that the doers of such acts who have not already suffered punishment
shall not be held criminally responsible, but shall be relieved from
punishment for participation in these insurrections and for unlawful
acts committed during the course thereof by a general amnesty and
pardon;
Now, therefore, be it known that I, Theodore Roosevelt, President
of the United States of America, by virtue of the power and authority
vested by the Constitution, do hereby proclaim and declare, without
reservation or condition, except as hereinafter provided, a full and
complete pardon and amnesty to all persons in the Philippine archipelago
who have participated in the insurrections aforesaid, or who have given
aid and comfort to persons participating in said insurrections, for the
offenses of treason or sedition, and for all offenses political in their
character committed in the course of such insurrections pursuant to
orders issued by the civil or military insurrectionary authorities,
or which grow out of internal political feuds or dissensions between
Filipinos and Spaniards, or the Spanish authorities, or which resulted
from internal political feuds or dissensions among the Filipinos
themselves during either of said insurrections.
_Provided_, however, that the pardon and amnesty hereby granted
shall not include such persons committing crimes since May 1, 1902, in
any province of the archipelago in which at the time civil government
was established, nor shall it include such persons as have been
heretofore finally convicted of the crimes of murder, rape, arson, or
robbery, by any military or civil tribunal organized under the authority
of Spain or of the United States of America, but special application may
be made to the proper authority for pardon by any person belonging to
the exempted classes and such clemency as is consistent with humanity
and justice will be liberally extended; and, further
_Provided_, That this amnesty and pardon shall not affect the title or
right of the Government of the United States or that of the Philippine
Islands to any property or property rights heretofore used or
appropriated by the military or civil authorities of the Government of
the United States or that of the Philippine Islands organized under
authority of the United States by way of confiscation or otherwise; and
_Provided further_, That every person who shall seek to avail
himself of this proclamation shall take and subscribe the following
oath before any authority in the Philippine archipelago authorized to
administer oaths, namely: "I solemnly swear (or affirm) that I recognize
and accept the supreme authority of the United States of America in the
Philippine Islands and will maintain true faith and allegiance thereto;
that I impose upon myself this obligation voluntarily without mental
reservation or purpose of evasion so help me God."
Given under my hand at the city of Washington, this 4th day of July,
A.D. 1902, and in the one hundred and twenty-seventh year of the
Independence of the United States.
THEODORE ROOSEVELT.
By the President:
ELIHU ROOT,
_Secretary of War_.
Gen. Chaffee is relieved of his civil duties, and the Philippine
Commission is made the superior authority in the following order:
The insurrection against the sovereign authority of the United States
in the Philippine archipelago having ended, and provincial civil
governments having been established throughout the entire territory of
the archipelago not inhabited by Moro tribes, under the instructions of
the President to the Philippine Commission, dated April 7, 1900, now
ratified and confirmed by the act of Congress approved July 1, 1902,
entitled "An act temporarily to provide for the administration of
affairs of civil government in the Philippine Islands, and for other
purposes," the general commanding the division of the Philippines is
hereby relieved from the further performance of the duties of military
governor, and the office of military governor in said archipelago is
terminated. The general commanding the Division of the Philippines and
all military officers in authority therein will continue to observe the
direction contained in the aforesaid instructions of the President that
the military forces in the division of the Philippines shall be at all
times subject, under the orders of the military commander, to the call
of the civil authorities for the maintenance of law and order, and the
enforcement of their authority.
Finally the President, through Secretary Root, pronounces the following
eulogy upon the United States Army:
HEADQUARTERS OF THE ARMY,
ADJUTANT-GENERAL'S OFFICE,
_Washington, July 4, 1902_.
_General Order, No. 66_.
The following has been received from the War Department:
WAR DEPARTMENT, _Washington, July 4, 1902_.
_To the Army of the United States:_
The President, upon this anniversary of national independence, wishes to
express to the officers and enlisted men of the United States Army his
deep appreciation of the service they have rendered to the country in
the great and difficult undertakings which they have brought to a
successful conclusion during the past year.
He thanks the officers and the enlisted men who have been maintaining
order and carrying on the military government in Cuba, because they
have faithfully given effect to the humane purposes of the American
people. They have with sincere kindness helped the Cuban people to take
all the successive steps necessary to the establishment of their own
constitutional government. During the time required for that process
they have governed Cuba wisely, regarding justice and respecting
individual liberty; have honestly collected and expended for the
best interests of the Cuban people the revenues, amounting to over
$60,000,000; have carried out practical and thorough sanitary measures,
greatly improving the health and lowering the death rate of the island.
By patient, scientific research they have ascertained the causes of
yellow fever, and by good administration have put an end to that most
dreadful disease which has long destroyed the lives and hindered the
commercial prosperity of the Cubans. They have expedited justice and
secured protection for the rights of the innocent, while they have
cleansed the prisons and established sound discipline and healthful
conditions for the punishment of the guilty.
They have re-established and renovated and put upon a substantial basis
adequate hospitals and asylums for the care of the unfortunate. They
have established a general system of free common schools throughout
the island, in which over two hundred thousand children are in actual
attendance. They have constructed great and necessary public works.
They have gradually trained the Cubans themselves in all branches of
administration, so that the new government upon assuming power has begun
its work with an experienced force of Cuban civil service employees
competent to execute its orders. They have borne themselves with dignity
and self-control, so that nearly four years of military government
have passed unmarred by injury or insult to man or woman. They have
transferred the government of Cuba to the Cuban people amid universal
expressions of friendship and good will, and have left a record of
ordered justice and liberty of rapid improvement in material and moral
conditions and progress in the art of government which reflects great
credit upon the people of the United States.
The President thanks the officers and enlisted men of the army in
the Philippines, both regulars and volunteers, for the courage and
fortitude, the indomitable spirit and loyal devotion with which they
have put down and ended the great insurrection which has raged
throughout the archipelago against the lawful sovereignty and just
authority of the United States. The task was peculiarly difficult and
trying. They were required at first to overcome organized resistance
of superior numbers, well equipped with modern arms of precision,
intrenched in an unknown country of mountain defiles, jungles, and
swamps, apparently capable of interminable defense. When this resistance
had been overcome they were required to crush out a general system of
guerrilla warfare conducted among a people speaking unknown tongues,
from whom it was almost impossible to obtain the information necessary
for successful pursuit or to guard against surprise and ambush.
The enemies by whom they were surrounded were regardless of all
obligations of good faith and of all the limitations which humanity has
imposed upon civilized warfare. Bound themselves by the laws of war,
our soldiers were called upon to meet every device of unscrupulous
treachery and to contemplate without reprisal the infliction of
barbarous cruelties upon their comrades and friendly natives. They
were instructed, while punishing armed resistance, to conciliate the
friendship of the peaceful, yet had to do with a population among whom
it was impossible to distinguish friend from foe, and who in countless
instances used a false appearance of friendship for ambush and
assassination. They were obliged to deal with problems of communication
and transportation in a country without roads and frequently made
impassable by torrential rains. They were weakened by tropical heat and
tropical disease. Widely scattered over a great archipelago, extending
a thousand miles from north to south, the gravest responsibilities,
involving the life or death of their comrades, frequently devolved upon
young and inexperienced officers beyond the reach of specific orders or
advice.
Under all these adverse circumstances the army of the Philippines has
accomplished its task rapidly and completely. In more than two thousand
combats, great and small, within three years, it has exhibited unvarying
courage and resolution. Utilizing the lessons of the Indian wars it has
relentlessly followed the guerrilla bands to their fastness in mountain
and jungle, and crushed them. It has put an end to the vast system of
intimidation and secret assassination, by which the peaceful natives
were prevented from taking a genuine part in government under American
authority. It has captured or forced to surrender substantially all
the leaders of the insurrection. It has submitted to no discouragement
and halted at no obstacle. Its officers have shown high qualities of
command, and its men have shown devotion and discipline. Its splendid
virile energy has been accompanied by self-control, patience, and
magnanimity.
With surprisingly few individual exceptions its course has been
characterized by humanity and kindness to the prisoner and the
non-combatant. With admirable good temper, sympathy, and loyalty to
American ideals its commanding generals have joined with the civilian
agents of the government in healing the wounds of war and assuring to
the people of the Philippines the blessings of peace and prosperity.
Individual liberty, protection of personal rights, civil order, public
instruction and religious freedom have followed its footsteps. It has
added honor to the flag, which it defended, and has justified increased
confidence in the future of the American people, whose soldiers do not
shrink from labor or death, yet love liberty and peace.
The President feels that he expresses the sentiments of all the loyal
people of the United States in doing honor to the whole army which has
joined in the performance and shares in the credit of these honorable
services.
This general order will be read aloud at parade in every military post
on the 4th day of July, 1902, or on the first day after it shall have
been received.
ELIHU ROOT,
_Secretary of War_.
By command of Lieutenant-General Miles:
H.C. CORBIN,
_Adjutant-General, Major-General, U.S.A._
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas The Medicine Bow Forest Reserve, in the State of Wyoming, was
established by proclamation dated May 22, 1902, under and by virtue
of section twenty-four of the act of Congress approved March 3, 1891,
entitled "An act to repeal timber-culture laws, and for other purposes,"
which provides "That the President of the United States may, from time
to time, set apart and reserve, in any State or Territory having public
land bearing forests, in any part of the public lands wholly or in part
covered with timber or undergrowth, whether of commercial value or not,
as public reservations, and the President shall, by public proclamation,
declare the establishment of such reservations and the limits thereof;"
And whereas it is further provided by the act of Congress approved
June 4, 1897, entitled "An act making appropriations for sundry civil
expenses of the Government for the fiscal year ending June 30, 1898,
and for other purposes," that "The President is hereby authorized at
any time to modify any executive order that has been or may hereafter
be made establishing any forest reserve, and by such modification may
reduce the area or change the boundary lines of such reserve, or may
vacate altogether any order creating such reserve;"
And whereas the public lands in the State of Wyoming, within the limits
hereinafter described, are in part covered with timber, and it appears
that the public good would be promoted by setting apart and reserving
said lands as a public reservation;
Now, therefore, I, Theodore Roosevelt, President of the United States,
by virtue of the power vested in me by the aforesaid act of Congress
approved June 4, 1897, do hereby make known and proclaim that the
boundary lines of the aforesaid Medicine Bow Forest Reserve are hereby
changed so as to read as follows:
Beginning at the northwest corner of township seventeen (17) north,
range eighty-one (81) west, sixth (6th) Principal Meridian, Wyoming;
thence easterly to the northeast corner of said township; thence
southerly to the northwest corner of section thirty (30), township
seventeen (17) north, range eighty (80) west; thence easterly along the
section lines to the northeast corner of section twenty-five (25), said
township; thence northerly to the northwest corner of township seventeen
(17) north, range seventy-nine (79) west; thence easterly along the
township line to the northeast corner of section five (5), township
seventeen (17) north, range seventy-eight (78) west; thence southerly
along the section lines, allowing for the proper offset on the fourth
(4th) Standard Parallel north, to the southeast corner of section
thirty-two (32), township fourteen (14) north, range seventy-eight (78)
west; thence easterly along the township line to the northeast corner of
section four (4), township thirteen (13) north, range seventy-seven (77)
west; thence southerly along the section lines, allowing for the proper
offset on the third (3d) Standard Parallel north, to the point of
intersection with the boundary line between the States of Wyoming and
Colorado; thence westerly along said state boundary line to the point
of intersection with the range line between ranges eighty (80) and
eighty-one (81) west; thence northerly along said range line, allowing
for the proper offset on the third (3d) Standard Parallel north, to the
southeast corner of township fourteen (14) north, range eighty-one (81)
west; thence westerly to the southwest corner of said township; thence
northerly along the range line, allowing for the proper offset on
the fourth (4th) Standard Parallel north, to the northwest corner of
township seventeen (17) north, range eighty-one (81) west, the place
of beginning.
Excepting from the force and effect of this proclamation all lands which
may have been, prior to the date hereof, embraced in any legal entry or
covered by any lawful filing duly of record in the proper United States
Land Office, or upon which any valid settlement has been made pursuant
to law, and the statutory period within which to make entry or filing of
record has not expired: _Provided_, that this exception shall not
continue to apply to any particular tract of land unless the entryman,
settler, or claimant continues to comply with the law under which the
entry, filing, or settlement was made.
Warning is hereby expressly given to all persons not to make settlement
upon the lands reserved by this proclamation.
The lands hereby excluded from the said reserve and restored to the
public domain shall be open to settlement from date hereof, but shall
not be subject to entry, filing, or selection until after ninety days'
notice by such publication as the Secretary of the Interior may
prescribe.
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 sixteenth day of July, A.D. 1902,
and of the Independence of the United States the one hundred and
twenty-seventh.
THEODORE ROOSEVELT.
By the President:
JOHN HAY,
_Secretary of State_.
A PROCLAMATION.
Whereas the act of Congress entitled, "An act to ratify and confirm a
supplemental agreement with the Creek tribe of Indians, and for other
purposes," approved on the thirtieth day of June, 1902, contains a
provision as follows:
That the following supplemental agreement, submitted by certain
commissioners of the Creek tribe of Indians, as herein amended, is
hereby ratified and confirmed on the part of the United States, and the
same shall be of full force and effect if ratified by the Creek tribal
council on or before the first day of September, nineteen hundred and
two, * * *
And whereas the principal chief of the said tribe has transmitted to me
an act of the Creek national council entitled, "An act to ratify and
confirm a supplemental agreement with the United States" approved the
twenty-sixth day of July, 1902, which contains a provision as follows:
That the following supplemental agreement by and between the United
States and the Muskogee (or Creek) Tribe of Indians, in Indian
Territory, ratified and confirmed on the part of the United States by
act of Congress approved June 30, 1902 (Public - No. 200.), is hereby
confirmed on the part of the Muskogee (or Creek) Nation, * * *
And whereas paragraph twenty-two provides as follows:
The principal chief, as soon as practicable after the ratification of
this agreement by Congress, shall call an extra session of the Creek
Nation council and submit this agreement, as ratified by Congress, to
such council for its consideration, and if the agreement be ratified by
the National council, as provided in the constitution of the tribe, the
principal chief shall transmit to the President of the United States a
certified copy of the act of the council ratifying the agreement, and
thereupon the President shall issue his proclamation making public
announcement of such ratification, thenceforward all the provisions of
this agreement shall have the force and effect of law.
Now, therefore, I, Theodore Roosevelt, President of the United States,
do hereby declare said agreement duly ratified and that all the
provisions thereof became law according to the terms thereof upon the
twenty-sixth day of July, 1902.
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 eighth day of August, A.D. 1902,
and of the Independence of the United States the one hundred and
twenty-sixth.
THEODORE ROOSEVELT.
By the President:
ALVEY A. ADEE,
_Acting Secretary of State_.
EXECUTIVE ORDERS.
EXECUTIVE MANSION, _September 23, 1901_.
In accordance with the provisions of the act of Congress approved June
4, 1897 (30 Stat., 34-36), and by virtue of the authority thereby given,
and on the recommendation of the Secretary of the Interior, it is hereby
ordered that sections 23, 24 of township seven south, range 93 west, 6th
principal meridian, Colorado, within the limits of the Black Mesa Forest
Reserve be restored to the public domain after sixty days' notice hereof
by publication, as required by law; these tracts having been found upon
personal and official inspection to be better adapted to agricultural
than forest purposes.
THEODORE ROOSEVELT.
TO ALL WHOM THESE PRESENTS SHALL COME, GREETING:
Know ye that reposing special trust and confidence in the integrity,
prudence, and ability of Thaddeus S. Sharretts, United States General
Appraiser, I have invested him with full and all manner of authority for
and in the name of the United States of America, to meet and confer with
any person or persons duly authorized by the government of China or by
any government or governments having treaties with China being invested
with like power and authority, and with him or them to agree on a plan