the coming of Chinese persons into the United States," approved May 5, 1892,' and until the expiration of said year shall not be deemed to be unlawfully in the United States if found therein without such certificates: Provided, however, That no Chinese laborer, whether he shall hold such certificate or not, shall be allowed to enter any State, Territory, or District of the United States from the Hawaiian Islands." (Act of April 30, 1900, entitled "An act to provide a government for the Territory of Hawaii." This act went into effect June 14, 1900.)

Claims.

"Referring to instruction No. 86, of October 2 last, enclosing an opinion of the Attorney-General, rendered September 20 last, to the effect that claims existing against Hawaii in favor of the subjects or citizens of foreign governments prior to and at the time of its annexation to the United States should be referred to the Hawaiian Government for consideration, determination, and payment, I enclose herewith for delivery by you to the Hawaiian Government the additional papers listed below relating to the British claims, and a copy of a note from the Portuguese minister at this capital in relation to the claim of Manuel Gil dos Reis.

"In view of the opinion of the Attorney-General, this Department has not, of course, considered or passed upon the validity of any of the claims against Hawaii presented by foreign governments in behalf of their subjects.

"The Danish minister here has this day been informed that the claim of Edmund Norrie will also be considered and determined by the Hawaiian Government."

Mr. Hay, Sec. of State, to Mr. Sewall, agent at Honolulu, January 4, 1900, MS.
Inst. Hawaii, III. 488.

See Mr. Hay, Sec. of State, to Lord Pauncefote, Brit. amb., Jan. 4, 1900, MS.
Notes to Brit. Leg. XXV. 45; Mr. Hill, Act. Sec. of State, to the governor
of Hawaii, Jan. 9, 1901, 250 MS. Dom. Let. 139, enclosing translation of a
note of Jan. 2, 1901, from the Danish minister at Washington, relating to
the claim of Edmund Norrie.

The United States decided that the claims of its citizens, growing out of their arrest in Hawaii in connection with the revolt of January, 1895, were invalid, there being no evidence that there was any maltreatment of the claimants during their imprisonment, nor that their arrest was due to any cause other than the desire of the Government to make a thorough investigation, which resulted in showing that, although they were not in fact implicated, they were not imprisoned "without some ground of suspicion." The United States had therefore decided that their alleged illegal treatment "was justified by the circumstances, which were unusual." (Mr. Hill, Act. Sec. of State, to Viscount de Santo-Thyrso, Feb. 15, 1901, MS. Notes to Portuguese Leg. VII. 280.)

President's message, 1900.

“Much interesting information is given in the report of the governor of Hawaii as to the progress and development of the islands during the period from July 7, 1898, the date of the approval of the joint resolution of the Congress providing for their annexation, up to April 30, 1900, the date

of the approval of the act providing a government for the Territory, and thereafter.

"The last Hawaiian census, taken in the year 1896, gives a total population of 109,020, of which 31,019 were native Hawaiians. The number of Americans reported was 8,485. The results of the Federal census, taken this year, show the islands to have a total population of 154,001, showing an increase over that reported in 1896 of 44,981, or 41.2 per cent.

"There has been marked progress in the educational, agricultural, and railroad development of the islands."

President McKinley, annual message, Dec. 3, 1900.

See H. Report 305, 56 Cong. 1 sess.

10. SPANISH WEST INDIES (EXCEPT CUBA), PHILIPPINES, AND GUAM.

§ 109.

"Mr. PRESIDENT: Since three months the American people and the Message of Queen Spanish nation are at war, because Spain did not conRegent, July 22, sent to grant independence to Cuba and to withdraw her troops therefrom.

1898.

"Spain faced with resignation such uneven strife and only endeav- • ored to defend her possessions with no other hope than to oppose, in the measure of her strength, the undertaking of the United States and to protect her honor.

"Neither the trials which adversity has made us endure nor the realization that but faint hope is left us could deter us from struggling till the exhaustion of our very last resources. This stout purpose, however, does not blind us, and we are fully aware of the responsibilities which would weigh upon both nations in the eyes of the civilized world were this war to be continued.

"This war not only inflicts upon the two peoples who wage it the hardships inseparable from all armed conflict, but also dooms to useless suffering and unjust sacrifices the inhabitants of a territory to which Spain is bound by secular ties that can be forgotten by no nation either of the old or of the new world.

"To end calamities already so great, and to avert evils still greater, our countries might mutually endeavor to find upon which conditions the present struggle could be terminated otherwise than by force of

arms.

"Spain believes this understanding possible and hopes that this view is also harbored by the Government of the United States. All true friends of both nations share no doubt the same hope.

"Spain wishes to show again that in this war, as well as in the one she carried on against the Cuban insurgents, she had but one object— the vindication of her prestige, her honor, her name. During the

war of insurrection it was her desire to spare the great island from the dangers of premature independence. In the present war she has been actuated by sentiments inspired rather by ties of blood than by her interests, and by the right belonging to her as mother country. "Spain is prepared to spare Cuba from the continuation of the horrors of war if the United States are on their part likewise disposed.

“The President of the United States and the American people may now learn from this message the true thought, desire, and intention of the Spanish nation.

"And so do we wish to learn from the President of the United States upon which basis might be established a political status in Cuba, and might be terminated a strife which would continue without reason should both Governments agree upon the means of pacifying the island.

"In the name of the Government of Her Majesty the Queen Regent I have the honor to address this message to your Excellency with the expression of my highest consideration."

Message of the Government of Her Majesty the Queen Regent of Spain, to the President of the United States, dated at Madrid, July 22, 1898; signed by the Duke of Almodovar del Rio, Minister of State; submitted by Mr. J. Cambon, French ambassador at Washington, to President McKinley. (For. Rel. 1898, 819.)

President's reply,
July 30, 1898.

"EXCELLENCY: The President received on the afternoon of Tuesday, the 26th instant, from the hand of his excellency the ambassador of France, representing for this purpose the Government of Spain, the message signed by your excellency as minister of state in behalf of the Government of Her Majesty the Queen Regent of Spain, and dated the 22d instant, as to the possibility of terminating the war now existing between the United States and Spain.

"The President received with satisfaction the suggestion that the two countries might mutually endeavor to ascertain the conditions on which the pending struggle may be brought to an end, as well as the expression of Spain's belief that an understanding on the subject is possible.

"During the protracted negotiations that preceded the outbreak of hostilities, the President earnestly labored to avert a conflict, in the hope that Spain, in consideration of her own interests as well as those of the Spanish Antilles and the United States, would find a way for removing the conditions which had for half a century constantly disturbed the peace of the Western Hemisphere and on numerous occasions brought the two nations to the verge of war.

"The President witnessed with profound disappointment the frustration of his peaceful efforts by events which forced upon the people of the United States the unalterable conviction that nothing short of

relinquishment by Spain of a claim of sovereignty over Cuba which she was unable to enforce, would relieve a situation that had become unendurable.

"For years the Government of the United States, out of regard for the susceptibilities of Spain, had by the exercise of its power and the expenditure of its treasure preserved the obligations of neutrality. But a point was at length reached at which, as Spain had often been forewarned, this attitude could no longer be maintained. The spectacle at our very doors of a fertile territory wasted by fire and sword and given over to desolation and famine, was one to which our people could not be indifferent. Yielding therefore to the demands of humanity, they determined to remove the causes, in the effects of which they had become so deeply involved.

"To this end the President, with the authority of Congress, presented to Spain a demand for the withdrawal of her land and naval forces from Cuba, in order that the people of the island might be enabled to form a government of their own. To this demand Spain replied by severing diplomatic relations with the United States, and by declaring that she considered the action of this Government as creating a state of war between the two countries.

"The President could not but feel sincere regret that the local question as to the peace and good government of Cuba should thus have been transformed and enlarged into a general conflict of arms between two great peoples. Nevertheless, having accepted the issue with all the hazards which it involves, he has, in the exercise of his duty, and of the rights which the state of war confers, prosecuted hostilities by land and sea, in order to secure at the earliest possible moment an honorable peace. In so doing he has been compelled to avail himself unsparingly of the lives and fortunes which his countrymen have placed at his command, and untold burdens and sacrifices, far transcending any material estimation, have been imposed upon them.

"That, as the result of the patriotic exertions of the people of the United States, the strife has, as your excellency observes, proved unequal, inclines the President to offer a brave adversary generous terms of peace.

"The President, therefore, responding to your excellency's request, will state the terms of peace which will be accepted by him at the present time, subject to the approval of the Senate of the United States hereafter.

"Your excellency in discussing the question of Cuba, intimates that Spain has desired to spare the island the dangers of premature independence. The Government of the United States has not shared the apprehensions of Spain in this regard, but it recognizes the fact that in the distracted and prostrate condition of the island, aid and guidance will be necessary, and these it is prepared to give.

"The United States will require:

"First. The relinquishment by Spain of all claim of sovereignty over or title to Cuba, and her immediate evacuation of the island.

"Second. The President, desirous of exhibiting signal generosity will not now put forth any demand for pecuniary indemnity. Nevertheless, he can not be insensible to the losses and expenses of the United States incident to the war, or to the claims of our citizens for injuries to their persons and property during the late insurrection in Cuba. He must therefore require the cession to the United States, and the evacuation by Spain of the islands of Porto Rico and other islands now under the sovereignty of Spain in the West Indies, and also the cession of an island in the Ladrones to be selected by the United States.

"Third. On similar grounds the United States is entitled to occupy, and will hold the city, bay, and harbor of Manila pending the conclusion of a treaty of peace which shall determine the control, disposition, and government of the Philippines.

"If the terms hereby offered are accepted in their entirety, commissioners will be named by the United States to meet similarly authorized commissioners on the part of Spain for the purpose of settling the details of the treaty of peace, and signing and delivering it under the terms above indicated."

Mr. Day, Sec. of State, to the Duke of Almodovar del Rio, Spanish Minister of State, July 30, 1898, For. Rel. 1898, 820.

"MP SECRETARY OF STATE: The French ambassador at Washington, whose good offices have enabled the Spanish Government to address a message to the President of the United States, has forwarded by cable your excellency's reply to this document.

Spanish note of
Aug. 7, 1898.

"Inexamining the arguments used as a preamble to the specification of the terms upon which peace may be restored between Spain and the United States, it behooves the Spanish Government to deduct from the order of events that the severance of diplomatic relations with the United States had no other purpose than to decline the acceptance of an ultimatum which Spain could only consider as an attempt against her rightful sovereignty over Cuba.

"Spain did not declare war; she met it because it was the only means of defending her rights in the Greater Antilles. Thus did the Queen and the United States see fit to transform and enlarge the purely local question of Cuba.

"From this fact your excellency draws the conclusion that the question at stake is no longer only the one which relates to the territory of Cuba, but also that the losses of American lives and fortunes incident to the war should in some manner be compensated.