John Bassett Moore.

A digest of international law as embodied in diplomatic discussions, treaties and other international agreements, international awards, the decisions of municipal courts, and the writings of jurists .. online

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is important that our relations with this people shall be of the
most friendly character and our commercial relations close and recip-
rocal. It should be our duty to a^ist in every proper way to build
up the waste places of the island, encourage the industry of the peo-
ple, and assist them to form a government which shall be free and
independent, thus realizing the best aspirations of the Cuban people.

" Spanish rule must be replaced by a just, benevolent, and humane
government, created by the people of Cuba, capable of performing
all international obligations and which shall encourage thrift, indus-
try, and prosperity, and promote peace and good will among all
of the inhabitants, whatever may have been their relations in the
past. Neither revenge nor passion should have a place in the new
government. Until there is complete tranquillity in the island and
a stable government inaugurated military occupation will be con-
tinued."

President McKinley, annual message, Dec. 5, 1898, For. Rel. 1898, Ixvl.
Tbe treaty of peace was concluded at Paris Dec. 10, 1898, an armistice
having previously been entered into on August 12, 1898.

"During the past year we have reduced our force in Cuba and
Porto Rico. In Cuba we now have 334 officers and 10,796 enlisted
men ; in Porto Rico, 87 officers and 2,855 enlisted men and a battalion
of 400 men composed of native Porto Ricans; while stationed
throughout the United States are 910 officers and 17,317 men, and in
Hawaii 12 officers and 453 enlisted men."

President McKinley. annual message, Dec. 5, 1899, For Rel. 1899, xxxviii.

(5) THE BEPUBUC OF CUBA.

§910.

Under the authority of the United States, as temporary occupant
of Cuba, a general election was held in the island on
onbmn todepend- ^he third Saturday in September, 1900, to elect dele-
gates to a constitutional convention, which was to
meet at Havana on the first Monday of November. The election was
held on September 15, and the convention assembled on the 5th of
November.

President McKinley, annual message, Dec. 3, 1900, For. Rel. 1900, xlL



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§ 910.] CUBA. 237

" That in fulfillment of the declaration contained in the joint reso-
lution approved April twentieth, eighteen hundred and ninety-eight,
entitled, ' For the recognition of the independence of the people of
Cuba, demanding that the government of Spain relinquish its au-
thority 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,' the Presi-
dent is hereby authorized to ' leave the government and control of
the island of Cuba to its people ' so soon as a government shall have
been established in said island under a constitution which, either as
a part thereof or in an ordinance appended thereto, shall define the
future relations of the United States with Cuba, substantially as
follows :

" I. That the government of Cuba shall never enter into any treaty
or other compact with any foreign power or powers which will im-
pair or tend to impair the independence of Cuba, nor in any manner
authorize or permit any foreign power or powers to obtain by colo-
nization or for military or naval purposes or otherwise, lodgment in
or control over any portion of said island.

" II. That said government shall not assume or contract any pub-
lic debt, to pay the interest upon which, and to make reasonable sink-
ing-fund provision for the ultimate discharge of which, the ordinary
revenues of the island, after defraying the current expenses of gov-
ernment shall be inadequate.

" III. That the government of Cuba consents that the United
States may exercise the right to intervene for the preservation of
Cuban independence, the maintenance of a government adequate for
the protection of life, property, and individual liberty, and for dis-
charging the obligations with respect to Cuba imposed by the treaty
of Paris on the United States, now to be assumed and undertaken by
the government of Cuba.

" IV. That all acts of the United States in Cuba during its military
occupancy thereof are ratified and validated, and all lawful rights
acquired thereunder shall be maintained and protected.

" V. That the government of Cuba will execute, and as far as neces-
sary extend, the plans already devised or other plans to be mutually
agreed upon, for the sanitation of the cities of the island, to the end
that a recurrencie of epidemic and infectious diseases may be pre-
vented, thereby assuring protection to the people and commerce of
Cuba, as well as to the commerce of the southern ports of the United
States and the people residing therein.

" VI. That the Isle of Pines shall be omitted from the proposed
constitutional boundaries of Cuba, the title thereto being left to
future adjustment by treaty.



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288 INTERVENTION. [§ 910.

" VII. That to enable the United States to maintain the independ-
ence of Cuba, and to protect the people thereof, as well as for its
own defense, the government of Cuba will sell or lease to the United
States lands necessary for coaling or naval stations at certain speci-
fied points, to be agreed upon with the President of the United
States.

" VIII. That by way of further assurance the government of Cuba
will embody the foregoing provisions in a permanent treaty with the
United States."

Act March 2, 1901, 31 Stat. 895, 897-898. The foregoing provisions,
drawn by Senator Piatt, of Connecticut, were offered by him and
were adopted as an amendment to the bill, which became the act of
Congress of March 2, 1901, malting appropriations for the support
of the United States Army. They were Incorporated into an ordi-
nance appended to the Cuban constitution. They were also embodied
In a permanent treaty between the United States and the Republic of
Cuba, signed at Havana, May 22, 1903, the ratifications of which were
exchanged at Washington July 1, 1904. By a treaty concluded July
2, 1903, Cuba leased to the United States certain areas of land and
water at Guantanamo and Bahia Honda for naval or coaling stations.
This treaty stipulates (Art IV.) that violators of Cuban law taking
refuge in sucii areas, and violators of United States law In such areas
taking refuge in Cuban territory, shall be reciprocally delivered up.

For a review of the Joint resolution of April 20, 1898, see an article by
Carman F. Randolph In the Columbia Law Review, June, ltK)l.

" In Cuba such progress has been made toward putting the inde-
pendent government of the island upon a firm footing that before the
present session of the Congress closes this will be an accomplished
fact. Cuba will then start as her own mistress ; and to the beautiful
Queen of the Antilles, as she unfolds this new page of her destiny,
we extend our heartiest greetings and good wishes. Elsewhere I
have discussed the question of reciprocity. In the case of Cuba,
however, there are weighty reasons of morality and of national
interest why the policy should be held to have a peculiar application,
and I most earnestly ask your attention to the wisdom, indeed to the
vital need, of providing for a substantial reduction in the tariff duties
on Cuban imports into the United States. Cuba has in her constitu-
tion affirmed what we desired, that she should stand, in international
matters, in closer and more friendly relations with us than with any
other power; and we are bound by every consideration of honor and
expediency to pass commercial measures in the interest of her material
well-being."

President Roosevelt, annual message, I>ec. 3, 1901, For. Rel. 1901, xxzt

The second international conference of American states, held at
the City of Mexico in 1901-2, adopted a resolution directing the



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§911.] GOOD OFFICES. 289

president of the conference' to convey to the future President of the
Republic of Cuba its '^ earnest well wishes for the happy discharge of
his high office as well as its good wishes for the prosperity of the
future Republic of Cuba.'' The resolution was offered by Mr. Charles
M. Pepper, on behalf of the delegation of the United States. It was
officially transmitted by the president of the conference to (General
Wood, the military governor of Cuba, to be delivered to the President
of the Republic of Cuba whenever that government should have been
inaugurated.

Int Gonf. of Am. States, S. Doc. 330, 57 Gong. 1 sees. 21, 176.

Mr. Tomas Estrada Palma was inaugurated as President of the
Republic of Cuba on May 20, 1902.

S. Doc. 363, 57 Ck>ng. 1 sees. For congratulations of the United States
Senate to the Republic of Cuba, Hay 21, 1902, see S. Doc. 376, 57
Cong. 1 sess.

The message of President Roosevelt of March 27, 1902, recommending
that provision be made for diplomatic and consular representation
of the United States in Cuba, is printed in S. Doc. 270, 57 Cong.
1 sess.

As to the incidents attending the withdrawal of United States troops
from Cuba, see For. Rel. 1004, 23a

As to sanitary conditions in Cuba, see For. Rel. 1904, 247 et 8e<i.

As to criminal procedure in Cuba, see For. Rel. 1004, 254.

4. Good officbs.

§911.

The good offices of governments and their agents are constantly
employed for the purpose of composing international differences.
The exercise of good offices is a friendly and unofficial proceeding,
and does not partake of the nature of intervention. Grood offices are
also frequently used by diplomatic agents in giving unofficial aid to
their fellow-citizens in matters that lie outside the scope of formal
intervention, as well as in assisting the citizens or subjects of third
powers who may lack diplomatic representation of their own in the
particular country.

For examples of good offices, see General Index to Dip. Cor. and For.

Rels., p. 368.
As to the attempt to use good offices in Chile in 1891, see For. Rel. 1891,

111, 112, 120, 122, 123-130, 131, 132, 135, 140, 146.

" The President has seen with satisfaction, that the ministers of
the United States in Europe, while they have avoided an useless com-
mitment of their nation on the subject of the Marquis de la Fay-
ette, have nevertheless shewn themselves attentive to his situation.
The interest which the President himself, and our citizens in general,
take in the welfare of this gentleman, is great and sincere, and will



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240 iirrBEVBNTiON. [§911-^

entirely justify all prudent efforts to serve him. I am therefore to
desire, that you will avail yourself of every opportunity of sounding
the way towards his liberation, of finding out whether those in whose
power he is are very tenacious of him, of insinuating through such
channels as you shall think suitable, the attentions of the government
and people of the United States to this object, and the interest they
take in it, and of procuring his liberation by informal solicitations,
if possible. But if formal ones be necessary, and the moment should
arrive when you shall find that they will be effectual, you are au-
thorized to signify, through such channel as you shall find suitable,
that our government and nation, faithful in their attachments to
this gentleman for the services he has rendered them, feel a lively
interest in his welfare, and will view his liberation as a mark of
consideration and friendship for the United States, and as a new
motive for esteem and a reciprocation of kind offices towards the
power to whom they shall be indebted for this act.

"A like letter being written to Mr. Pinckney, you will of course
take care, that however you may act through different channels,
there be still a sufficient degree of concert in your proceedings."

Mr. Jefferson, Sec. of State, to Mr. Morris, min. to France, March 15,
1703, Memoirs, Correspondence, &c., of Jefferson, by Randolph, III.
214.

" The President has perused with great interest your communica-
tion of the 25th ultimo, and the accompanying memorial signed by
yourself and a number of other American citizens of high character,
who have recently visited the city of Naples. The letter and memo-
rial invite the attention of the Executive to the excessive rigor of
punishment, which it is understood to be the practice there to inflict
upon alleged political offenders, and suggest whether, without con-
travening their settled policy of noninterference with the affairs of
other nations, the United States might not without impropriety,
either alone, or in conjunction with some of the leading powers of
Europe, appeal to the government in such a manner as would awaken
its clemency and tend to ameliorate the condition of this class of
sufferers.

" The President does justice to the sentiments of the memorial,
which he cordially approves, and he appreciates the benevolence by
which the memorialists are animated. Far from being insensible to
tyranny wherever or by whomsoever exercised, he sincerely sympa-
thizes with the oppressed of all countries. The uniform policy of
this government has been not to interfere in the domestic affairs of
other nations. This policy was wisely established by President
Washington, who carried it so far as to refuse to interfere officially
for the release of La Fayette, his friend and companion in arms, who



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§911.] GOOD OFFICES. 241

was incarcerated for many years in the prison at Olmertz. That
was a case much stronger than this, as La Fayette had fought our
battles for freedom, had been naturalized in some of the States, and
was imprisoned by a power to whom he owed no allegiance. It is
hardly possible to conceive of a case appealing more strongly to
our sympathies than this; the struggle between affection and duty
must have been great; but Washington doubtless pursued the true
policy and set an example which has never been departed from by
his successors. Though impelled by the strongest sympathy for the
oppressed, the President does not feel justified in departing from
this salutary rule."

Mr. Crittenden, Act Sec of State, to Mr. Jno. V. L. Pniyn, Oct 8, 1861,
39 MS. Dom. Let 277.

"A minister is not only at liberty, but he is morally bound, to ren-
der all the good offices he can to other powers and their subjects con-
sistently with the discharge of those principal responsibilities I have
described. But it belongs to the state where the minister resides to
decide in every case in what manner and in what degree such good
offices shall be rendered, and, indeed, whether they shall be tolerated
at all."

Mr. Seward, Sec. of State, to Mr. Corwin, Apr. 18, 1863, MS. Inst Mex.
XVII. 440.

" On the 21st of June last, by direction of the President of the
United States, I communicated to President Juarez of Mexico, by
telegraph, the proposition of His Imperial Majesty of Austria, that
he would reinstate the Prince Maximilian in all his rights of posses-
sion as Archduke of Austria, as soon as the prince should be set at
liberty and should renounce forever all his projects in Mexico. At
an earlier date, namely, on the 15th, I had in like manner used the
telegraph to make known to President Juarez the request of Her
Majesty the Queen of England and of the Emperor of the French
for the good offices of this government in behalf of the Prince
Maximilian. "

Mr. Seward, Sec. of State, to Count Wydenbmck, July 1, 1867, MS.

Notes to Austrian Leg. VII. 240.
See, also, same to same, tel., July 3, 1867, Id. 241.
In relation to the capture and execution of Maximilian, see Dip. €k>r«

1867, II. 408-420, 431, 434.
Also, Maximilian in Mexico, by Sara Yorke Stevenson, 288-306.

" The long deferred peace conference between Spain and the allied
South American republics has been inaugurated in Washington
under the auspices of the United States. Pursuant to the recom-
H. Doc. 551— vol 6 16



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242 IKTEBVENTION. [§ 911.

mendation contained in the resolution of the House of Representa-
tives, of the 17th of December, 1866, the executive department of
the government offered its friendly offices for the promotion of
peace and harmony between Spain and the allied republics. Hesita-
tions and obstacles occurred to the acceptance of this offer. Ulti-
mately, however, a conference was arranged, and was opened in this
city on the 29th of October last, at which I authorized the Secretary
of State to preside. It was attended by the ministers of Spain, Peru,
Chili, and Ecuador. In consequence of the absence of a representa-
tive from Bolivia the conference was adjourned imtil the attendance
of a plenipotentiary from that republic could be secured, or other
measures could be adopted toward compassing its objects.

" The allied and other republics of Spanish origin, on this conti-
nent, may see in this fact a new proof of our sincere interest in their
welfare; of our desire to see them blessed with good governments,
capable of maintaining order and preserving their respective terri-
torial integrity ; and of our sincere wish to extend our own commercial
and social relations with them. The time is not probably far distant
when, in the natural course of events, the European political con-
nection with this continent will cease. Our policy should be shaped,
in view of this probability, so as to ally the commercial interest of
the Spanish- American States more closely to our own, and thus
give the United States all the preeminence and all the advantage
which Mr. Monroe, Mr. Adams, and Mr. Clay contemplated when
they proposed to join in the congress of Panama."

President Grant, annual message, Dec. 5, 1870, For. Rel. 1870, 5.

Good offices, being in the nature of unofficial personal recommen-
dation, are in this respect distinguishable from official intervention.

Mr. Fish, Sec. of State, to Mr. Curtln, min. to Russia, No. 60, Oct 5, 1870,
MS. Inst Russia XV. 213.

On June 15, 1881, Seiior Ubico, Guatemalan minister at Washing-
ton, addressed a note to Mr. Blaine, who was then Secretary of State,
complaining of alleged encroachments of Mexico on Guatemalan ter-
ritory and declaring that, all peaceful means of conciliation appear-
ing to be exhausted, Guatemala could but appeal to the United States
" as the natural protector of the integrity of the Central American
territory." .

On the following day Mr. Blaine addressed an instruction to Mr.
Morgan, American minister at Mexico, calling attention to the state-
ments of the Guatemalan minister, and saying that, while the United
States was not " a self -constituted arbitrator of the destinies " of
either Guatemala or Mexico, it was, as " the impartial friend of
both, ready to tender frank and earnest counsel touching anything



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§911.] GOOD OFFICES. 243

which may menace the peace and prosperity of its neighbors. It
is, above all," continued Mr. Blaine, " anxious to do any and every-
thing which will tend to make stronger the natural union of the
republics of the continent, in the face of the tendencies of other and
distant forms of government to influence the internal affairs of
Spanish America. It is especially anxious, in pursuance of this great
policy, to see the Central American republics more securely united
than they have been in the past in protection of their common
interests, which interests are, in their outward relations, identical in
principle with those of Mexico and the United States." Mr. Blaine
added that the President, without prejudice to the merits of the con-
troversy, deemed it his duty, as the unbiased counselor of both
Mexico and Guatemala, " to set before the government of Mexico
his conviction of the danger to the principles which Mexico has so
signally and successfully defended in the past, which would ensue
should disrespect be shown to the boundaries which separate her
from her weaker neighbors, or should the authority of force be re-
sorted to in establishment of rights over territory which they claim,
without the conceded justification of her just title thereto, and espe-
cially would the President regard as an unfriendly act toward the
cherished plan of upbuilding strong republican governments in Span-
ish America, if Mexico, whose power and generosity should be alike
signal in such a case, shall seek or permit any misunderstanding
with Guatemala, when ,the path toward a pacific avoidance of
trouble is at once so easy and so imperative an international duty."
Mr. Morgan was directed to seek an interview with Senor Mariscal,
Mexican minister of foreign affairs, and to acquaint him with the pur-
port of these instructions, and even to read them to him if he should
so desire.

On June 21, 1881, Mr. Blaine addressed a further instruction to Mr.
Morgan, on the strength of information received from the American
minister at Guatemala City, which was said to indicate that Mexico
intended not merely to obtain possession of the disputed territory, but
to precipitate hostilities with Guatemala with the ultimate view of
extending her borders by actual conquest. Mr. Blaine said that he
could not believe it possible that these designs could seriously enter
into the policy of the Mexican government. Of late years, said Mr.
Blaine, the American movement toward fixity of boundaries and
abstention from territorial enlargement had been so marked and so
necessary a part of the continental policy of the American republics
that any departure therefrom became " necessarily a menace to the
interests of all." The "now established policy" of the United States
to refrain from territorial acquisition gave that government the right,
declared Mr. Blaine, to use its friendly offices in discouragement of
any movement on the part of neighboring states which might "tend



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244 INTBBVENTION. [§ 91L

to disturb the balance of power between them," and rendered it
morally obligatory on the United States, as the strong but disinter-
ested friend of all its sister states, to exert its influence " for the pres-
ervation of the national life and integrity of any one of them against
aggression, whether this may come from abroad or from another
American republic" The "peaceful maintenance of the status quo
of the American commonwealths" was, said Mr. Blaine, "of the
very essence of their policy of harmonious alliance for self-preserva-
tion, and is of even more importance to Mexico than to the United
States." It was the desire and intention of the United States, by
moral influence and the interposition of good oflSces," " to hold up the
republics of Central America in their old strength and to do all that
may be done toward insuring the tranquillity of their relations among
themselves and their collective security as an association of allied
interests, possessing in their common relationship to the outer world
all of the elements of national existence." In this "enlarged policy,"
said Mr. Blaine, the United States confidently asked the cooperation
of Mexico, while any contrary movement on her part directly leading
to the absorption in whole or in part of her weaker neighbors would
be deemed "an act unfriendly to the best interests of America." Mr.
Morgan was instructed to bring these views to the attention of Mr.
Mariscal, and to intimate that the good feeling between Mexico and
the United States would be fortified by a frank avowal that the
Mexican policy towards the neighboring states was not one of con-
quest or aggrandizement, but of conciliation, peace, and friendship.

Mr. Morgan had an interview with Mr. Mariscal on July 9, 1881,
and acquainted the latter with the purport of his instructions. Mr.
Mariscal insisted that it was Mexico that had cause to complain
against Guatemala and not Guatemala against Mexico. Further
interviews were held, with the result that Mr. Morgan, in a dispatch
of September 22, 1881, suggested that unless the United States was
prepared to announce to Mexico that it would, if necessary, actively
preserve the peace, it would be the part of wisdom to let the matter
remain where it was. " Negotiations on the subject," said Mr. Mor-
gan, "will not benefit Guatemala, and you may depend upon it that
what we have already done in this direction has not tended to the
increasing of the cordial relations which I know it is so much your
desire to cultivate with this nation."

In an instruction to Mr. Morgan of November 28, 1881, Mr. Blaine
declared that to leave the matter where it was was simply impossible,
since it would not remain there. The United States had sought to
compose the differences between the two countries, which differences



Online LibraryJohn Bassett MooreA digest of international law as embodied in diplomatic discussions, treaties and other international agreements, international awards, the decisions of municipal courts, and the writings of jurists .. → online text (page 29 of 122)