ment will, within ten days after the signing of this protocol, appoint commissioners, and the commissioners so appointed shall, within thirty days after the signing of this protocol, meet at Habana for the purpose of arranging and carrying out the details of the aforesaid evacuation of Cuba and the adjacent Spanish islands; and each Government will, within ten days after the signing of this protocol, also appoint other commissioners, who shall, within thirty days after the signing of this protocol, meet at San Juan, in Porto Rico. for the purpose of arranging and carrying out the details of the aforesaid evacuation of Porto Rico and other islands now under Spanish sovereignty in the West Indies."

The commissioners referred to in the foregoing article have been appointed, and they are now in session at Habana and San Juan, respectively. A copy of their instructions is herewith inclosed.

By these instructions you will observe that the evacuation of Cuba, Porto Rico, and other Spanish islands in the West Indies is treated as a military operation, and will, when carried into effect, leave the evacuated places in the military occupation of the United States. The purposes of the United States during such occupation are set forth in General Orders, No. 101, of the War Department, of July 18, 1898, which was issued by direction of the President on capitulation of the Spanish forces at Santiago de Cuba and in the eastern part of the province of Santiago, and the occupation of the territory by the forces of the United States. A copy of this order is hereto annexed for your information.

As the evacuation of Cuba and the other Spanish islands in the West Indies by the Spanish military forces devolves upon the United States the duty of taking possession of and holding and preserving all the immovable property therein previously belonging to the Government of Spain, the evacuation commissioners of the United States are instructed to arrange for the taking into possession and to take into possession for the United States all public buildings and grounds, forts, fortifications, arsenals, depots, docks, wharves, piers, and other fixed property previously belonging to Spain, and to arrange for the care and safe-keeping of such property under the authority and control of the United States. Small arms and accouterments, batteries and field artillery, supply and baggage wagons, ambulances, and other impedimenta of the Spanish army in Cuba and other Spanish islands in the West Indies are to be removed, if desired, by the representatives of Spain, provided such removal shall be effected within a reasonable time; but the armament of forts, fortifications, and fixed batteries, being in the nature of immovable fixtures, are not to be allowed to be taken, but are, in connection with such forts, fortifications, and batteries, to be taken over into the possession of the United States. The instructions of the evacuation commissioners also contain appropriate clauses in regard to the custody and preservation by the United States of state papers, public records, and other papers and documents necessary or convenient for the government of the islands, as well as all judicial and legal documents and other public records necessary or convenient for securing to individuals the title to property.

It will be proper to confirm these transactions by appropriate clauses in the treaty of peace.

Similar clauses will be inserted in respect to the islands ceded to the United States in the Ladrones. This Government has selected the island of Guam, and you are instructed to embody in the treaty of peace a proper stipulation of cession.

A rumor has reached us from various quarters to the effect that the Spanish peace commissioners will be instructed to claim compensation for the public property of the Spanish Government in Cuba as well as in territories agreed to be ceded to the United States. This rumor is not credited, but it is proper to make a few observations upon it. No such claim on the part of the Spanish Government is to be entertained in respect to any territory which Spain either cedes to the United States, or as to which she relinquishes her sovereignty and title. The cession of territory or the relinquishment of sovereignty over and title to it is universally understood to carry with it the public property of the government by which the cession or relinquishment is made. Any claim therefore on the part of Spain, such as that above suggested, would be inconsistent with the express agreements embodied in the protocol.

In the correspondence leading up to the signature of that instrument you will observe that this Government waived for the time being the requirement of a . pecuniary indemnity from Spain. This concession was made in the hope that Spain would thereby be enabled promptly to accept our terms. But if the Spanish commissioners should, contrary to our just expectations, put forward

and insist upon a claim for compensation for public property, you are instructed to put forward as a counterclaim a demand for an indemnity for the cost of the war.

By article 6 of the protocol it was agreed that hostilities between the two countries should be suspended, and that notice to that effect should be given as soon as possible by each Government to the commanders of its military and naval forces. Such notice was given by the Government of the United States immediately after the signature of the protocol, the forms of the necessary orders having previously been prepared. But before notice could reach the commanders of the military and naval forces of the United States in the Philippines they captured and took possession by conquest of the city of Manila and its suburbs, which are therefore held by the United States by conquest as well as by virtue of the protocol.

In view of what has taken place it is necessary now to determine what shall be our future relations to the Philippines. Before giving you specific instructions on this subject it is my desire to present certain general considerations.

It is my wish that throughout the negotiations intrusted to the commission the purpose and spirit with which the United States accepted the unwelcome necessity of war should be kept constantly in view. We took up arms only in obedience to the dictates of humanity and in the fulfillment of high public and moral obligations. We had no design of aggrandizement and no ambition of conquest. Through the long course of repeated representations which preceded and aimed to avert the struggle and in the final arbitrament of force this country was impelled solely by the purpose of relieving grievous wrongs and removing long-existing conditions which disturbed its tranquillity, which shocked the moral sense of mankind, and which could no longer be endured.

It is my earnest wish that the United States in making peace should follow the same high rule of conduct which guided it in facing war. It should be as scrupulous and magnanimous in the concluding settlement as it was just and humane in its original action. The luster and the moral strength attaching to a cause which can be confidently rested upon the considerate judgment of the world should not under any illusion of the hour be dimmed by ulterior designs which might tempt us into excessive demands or into an adventurous departure on untried paths. It is believed that the true glory and the enduring interests of country will most surely be served if an unselfish duty conscientiously accepted and a signal triumph honorably achieved shall be crowned by such an example of moderation, restraint, and reason in victory as best comports with the traditions and character of our enlightened Republic.

Our aim in the adjustment of peace should be directed to lasting results and to the achievement of the common good under the demands of civilization rather than to ambitious designs. The terms of the protocol were framed upon this consideration. The abandonment of the western hemisphere by Spain was an imperative necessity. In presenting that requirement we only fulfilled a duty universally acknowledged. It involves no ungenerous reference to our recent foe, but simply a recognition of the plain teachings of history, to say that it was not compatible with the assurance of permanent peace on and near our own territory that the Spanish flag should remain on this side of the sea. This lesson of events and of reason left no alternative as to Cuba, Porto Rico, and the other islands belonging to Spain in this hemisphere.

The Philippines stand upon a different basis. It is none the less true, however, that, without any original thought of complete or even partial acquisition, the presence and success of our arms at Manila imposes upon us obligations which we can not disregard. The march of events rules and overrules human action. Avowing unreservedly the purpose which has animated all our effort, and still solicitous to adhere to it, we can not be unmindful that without any desire or design on our part the war has brought us new duties and responsibilities which we must meet and discharge as becomes a great nation on whose growth and career from the beginning the Ruler of Nations has plainly written the high command and pledge of civilization.

Incidental to our tenure in the Philippines is the commercial opportunity to which American statesmanship can not be indifferent. It is just to use every legitimate means for the enlargement of American trade; but we seek no advantages in the Orient which are not common to all. Asking only the open door for ourselves, we are ready to accord the open door to others. The commercial opportunity which is naturally and inevitably associated with this new opening depends less on large territorial possessions than upon an adequate commercial basis and upon broad and equal privileges.

It is believed that in the practical application of these guiding principles the present interests of our country and the proper measure of its duty, its welfare in the future, and the consideration of its exemption from unknown perils will be found in full accord with the just, moral, and humane purpose which was invoked as our justification in accepting the war.

In view of what has been stated, the United States can not accept less than the cession in full right and sovereignty of the island of Luzon. It is desirable, however, that the United States shall acquire the right of entry for vessels and merchandise belonging to citizens of the United States into such ports of the Philippines as are not ceded to the United States upon terms of equal favor with Spanish ships and merchandise, both in relation to port and customs charges and rates of trade and commerce, together with other rights of protection and trade accorded to citizens of one country within the territory of another. You are therefore instructed to demand such concession, agreeing on your part that Spain shall have similar rights as to her subjects and vessels in the ports of any territory in the Philippines ceded to the United States.

We are informed that numerous persons are now held as prisoners by the Spanish Government for political acts performed in Cuba, Porto Rico, or other Spanish islands in the West Indies, as well as in the Philippines. You are instructed to demand the release of these prisoners so far as their acts have connection with matters involved in the settlement between the United States and Spain.

It will be desirable to insert in any treaty of peace which you may conclude a stipulation for the revival of the provisions of our former treaties with Spain, so far as they may be applicable to present conditions.

I have directed Gen. Wesley Merritt, the late commander at Manila, to report to the Commission at Paris, where he will arrive October 2, with such information as he may possess, and it is understood he will carry with him, for the use of the Commission, the views of Admiral Dewey. To the views of these distinguished officers I invite the most careful consideration of the Commission. It is desired that your negotiations shall be conducted with all possible expedition in order that the treaty of peace, if you should succeed in making one, may be submitted to the Senate early in the ensuing session. Should you at any time in the course of your negotiations desire further instructions, you will ask for them without delay.

EXECUTIVE MANSION,

Washington, September 16, 1898.

WILLIAM MCKINLEY.

Oxen, bovine animals, plows, etc., to be admitted free of duty into Cuba.

EXECUTIVE MANSION, October 8, 1898. By virtue of the authority vested in me as Commander-in-Chief of the Army and Navy of the United States of America, I hereby order and direct that oxen for draught purposes and bovine animals for breeding purposes and for immed!ate food supplies, and plows and other agricultural implements, not machinery, may, until otherwise directed, be imported into any ports in the Island of Cuba, cccupied and possessed by the forces of the United States, free of customs duty. WILLIAM MCKINLEY.

Establishment of customs service, Cuba.

EXECUTIVE MANSION, December 9, 1898. By virtue of the authority vested in me as Commander-in-Chief of the Army and Navy of the United States, I hereby order and direct that during the occupancy by the military authorities of the United States of the Island of Cuba and all islands in the West Indies west of the 74th degree, west longitude. evacuated by Spain, said islands shall constitute a collection district for customs purposes. Havana shall be the chief port of entry. An officer of the Army shall be assigned to such port who shall be the collector of customs of the islands and of the chief port, and shall have general jurisdiction over the collectoin of customs in the islands.

The ports Matanzas, Cardenas, Cienfuegos, Sagua, Caibarien, Santiago, Manzanillo, Nuevitas, Guantanamo, Gibara and Baracoa in said islands are hereby declared to be subports of entry, and an officer of the Army will be assigned to each of the subports, who will be the collector of customs of a subport and shall have general jurisdiction of the collection of customs at such port. He shall make weekly reports to the collector of customs of the islands at the chief port of all transactions at the subport over which he has jurisdiction, with copies of all entries of merchandise, duly certified.

The Secretary of War shall appoint such civilian deputy collectors, inspectors, and other employees as may be found necessary.

The collectors of the subports shall deposit all moneys collected by them with the collector of the islands, and a receipt from the collector of the islands must be taken in duplicate for all such deposits.

There shall be appointed an auditor, who shall be stationed at the chief port, whose duty it shall be to examine all entries of merchandise and if found correct to certify to them. Such auditor shall on the first of each month make a full and complete report, duly certified, to the Secretary of War of all duties collected at each port, with an itemized report of all expenditures made therefrom, which shall be referred to the Auditor for the War Department for audit.

All questions arising in the administration of customs in the islands shall be referred to the collector of the islands at the chief port for decision, from which there shall be no appeal, except in such cases as may be referred by the collector of the islands to the Secretary of War for his decision.

WILLIAM MCKINLEY.

Establishment of customs service, Porto Rico.

EXECUTIVE MANSION, December 9, 1898.

By virtue of the authority vested in me as Commander-in-Chief of the Army and Navy of the United States, I hereby order and direct that during the occupancy by the military authorities of the United States of the Island of Porto Rico and all islands in the West Indies east of the 74th degree, west longitude, evacuated by Spain, said islands shall constitute a collection district for customs purposes. San Juan shall be the chief port of entry. An officer of the Army shall be assigned to such port who shall be the collector of customs of the islands and of the chief port, and who shall have general jurisdiction over the collection of customs in the islands.

The ports Ponce and Mayaguez in said islands are hereby declared to be subports of entry, and an officer of the Army will be assigned to each of the subports, who will be the collector of customs of a subport, and shall have general jurisdiction of the collection of customs at such port. He shall make weekly reports to the collector of customs of the islands at the chief port, of all transactions at the subport over which he has jurisdiction, with copies of all entries of merchandise, duly certified.

The Secretary of War shall appoint such civilian deputy collectors, inspectors, and other employees as may be found necessary.

The collectors of the subports shall deposit all moneys collected by them with the collector of the islands, and a receipt from the collector of th. islands must be taken in duplicate for all such deposits.

There shall be appointed an auditor, who shall be stationed at the chief port, whose duty it shall be to examine all entries of merchandise, and if found correct to certify to them. Such auditor shall on the first of each month make a full and complete report, duly certified, to the Secretary of War of all duties collected at each port, with an itemized report of all expenditures made therefrom, which shall be referred to the Auditor for the War Department for audit.

All questions arising in the administration of customs in the islands shall be referred to the collector of the islands at the chief port for decision, from which there shall be no appeal, except in such cases as may be referred by the collector of the islands to the Secretary of War for his decision.

WILLIAM MCKINLEY.

Coasting trade of Cuba.

TARIFF CIRCULAR,

No. 30.

WAR DEPARTMENT, Washington, December 13, 1898.

By direction of the President, the Customs Tariff and Regulations for Ports in Cuba in Possession of the United States, promulgated on August 8, 1898, is hereby amended by adding thereto, at the end of page 10, the following:

COASTING TRADE OF CUBA.

To facilitate the occupation and control of Cuba by the military forces of the United States and the restoration of order, the laws now in force restricting the coasting trade of the island to Spanish vessels are hereby modified as follows:

(a) Vessels of the United States may engage in the coasting trade of the Island of Cuba.

(b) The officer of the Army of the United States in command at any port of Cuba in possession of the United States is empowered to issue a permit to a resident of Cuba who owns a vessel, which shall entitle such vessel to engage in the coasting trade of the island;

Provided, That the owner and master of such vessel shall upon oath before such officer entirely renounce and abjure all allegiance and fidelity to the King of Spain or to any other foreign prince, state, or sovereignty whatever.

Such permits shall first be approved by the general in command of the forces of the United States in Cuba.

Vessels entitled under this paragraph to engage in the coasting trade of Cuba shall carry a distinctive signal which shall be a blue flag and the union of the flag shall be a white field.

The form and manner of the issue of permits provided for in this paragraph shall be prescribed by the Secretary of War.

WILLIAM MCKINLEY.

Customs tariff and regulations, Cuba.

EXECUTIVE MANSION, December 13, 1898.

By virtue of the authority vested in me as Commander in Chief of the Army and Navy of the United States of America, I do hereby order and direct that the following tariff of duties and taxes shall be levied and collected and the regulations for the administration thereof shall take effect and be in force in all ports and places in the island of Cuba and all islands in the West Indies west of the seventy-fourth degree, west longitude, evacuated by Spain, on and after January 1, 1899.

All questions arising in the administration of customs shall be referred to the collector at the port of Habana for decision, and there shall be no appeal from such decision except in cases where the collector may find it expedient to ask for special instructions of the War Department on the points involved.

Necessary and authorized expenses for the administration of said tariff and regulations shall be paid from the collections thereunder.

Accurate accounts of collections and expenditures shall be kept and rendered to the Secretary of War.

WILLIAM MCKINLEY.

Appointment of military governor of Island of Cuba and City of Havana.

WAR DEPARTMENT. Washington, December 13, 1898.

By direction of the President, a division to be known as the Division of Cuba, consisting of the geographical departments and provinces of the Island of Cuba. with headquarters in the city of Havana, is hereby created, under command of Major General John R. Brooke, U. S. Army, who, in addition to command of the troops in the division, will exercise the authority of military governor of the island.

Major General Fitzhugh Lee, U. S. Volunteers, commanding the 7th Army Corps, is assigned to the immediate command of all the troops in the Province of Havana.