Article I. of the treaty of peace with Spain contained the following Occupation of Cuba, provision: "And as the island [Cuba] is, upon its evacuation by Spain, to be occupied by the United States, the United States will, so long as such occupation shall last, assume and discharge the obligations that may under international law result from the fact of its occupation, for the protection of life and property."

Referring to the occupation of Cuba by the United States, the British ambassador, in February, 1899, expressed the hope that he might receive an assurance that the rights of certain cable companies under concessions granted by Spain would be "duly assumed and carried out by the United States Government" during its occupation of the territory."

The Department of State replied that the Attorney-General held that the existing American control of Cuba was "essentially and merely that exercisable by a temporary military occupation," and that the United States, "not having established a protectorate over Cuba," was "not called upon to discuss the question of the transitory obligations which devolve upon a protecting state."b

The British Government, referring, in answer to this statement, to the provision in the treaty (Art. XVI.), by which the United States agreed, on the termination of its occupancy of Cuba, to "advise any government established in the island to assume the same obligations" as had been assumed by itself, said: "Such an occupation is not in the slightest degree analogous to a mere military occupation. It may or may not be temporary, but, so long as it lasts, it carries with it the duty of respecting such local obligations as the concessions of the telegraph company. It need not, in the opinion of Her Majesty's Government, be contended that the United States assumed absolute responsibility for the permanent observance of these concessions in Cuba, but they are bound to respect them during the occupation, and to advise any succeeding Government to do the like. This obligation appears to Her Majesty's Government to result from the character of the occupation itself, and from the terms of the treaty."

The Attorney-General, commenting upon this note, called attention to the fact that the opinion from which it dissented was given before the ratification of the treaty of peace, and that he had expressly referred to the United States being "still theoretically at war with Spain.

@Sir J. Pauncefote, Brit. amb., to Mr. Hay, Sec. of State, Feb. 14, 1899, 130 MS. Notes from Brit. Leg.

Mr. Hay, Sec. of State, to Sir J. Pauncefote, Brit. amb., Mar. 27, 1899, MS. Notes to Brit. Leg. XXIV. 482.

Sir J. Pauncefote, Brit. amb., to Mr. Hay, Sec. of State, May 25, 1899, 131 MS. Notes from Brit. Leg.

"I agree," added the Attorney-General, "that our occupation of Cuba is now other than analogous to a military occupation of a foreign country in time of war. Since the exchange of ratifications of the peace treaty it has been an occupation of a foreign country in time of peace, and in no way affected, internationally speaking, by the circumstance that the Army has been used as the agency. (Calvo, sec. 3144.) "I concede, the treaty having been duly ratified, that Great Britain has a right to appeal, on behalf of her subjects, to the rules prevailing in time of peace. But she has not necessarily the right to ignore the new facts which have followed the cessation of the sovereignty of Spain. Nor do I understand that the chargé questions our duty and right as asserted in the joint resolutions of April 20, 1898, now partly executed, which contemplates an occupancy of Cuba until 'the pacification thereof,' and then the turning over of the island to the control and government of its people. In performance of this duty, we are accordingly occupying Cuba and preparing to turn over the control. This can not be done till the people have organized a government to receive it.

"These are facts which are to be reckoned with in ascertaining our obligations with regard to such debts as that government may take over from the former government of Cuba, as being the government of the same nation or people." a

"The facts above detailed make it clear that within the meaning of the act of June 6, 1900, Cuba is foreign territory. It cannot be regarded, in any constitutional, legal, or international sense, a part of the territory of the United States.

"While by the act of April 25, 1898, declaring war between this country and Spain, the President was directed and empowered to use our entire land and naval forces, as well as the militia of the several States, to such extent as was necessary to carry such act into effect, that authorization was not for the purpose of making Cuba an integral part of the United States, but only for the purpose of compelling the relinquishment by Spain of its authority and government in that island and the withdrawal of its forces from Cuba and Cuban waters. The legislative and executive branches of the Government, by the joint resolution of April 20, 1898, expressly disclaimed any purpose to exercise sovereignty, jurisdiction, or control over Cuba 'except for the pacification thereof,' and asserted the determination of the United States, that object being accomplished, to leave the government and control of Cuba to its own people. All that has been done in relation to Cuba has had that end in view and, so far as the court is informed by the public history of the relations of this country with that island, nothing has been done inconsistent with the declared object of the war with Spain.

a Griggs, At.-Gen., Dec. 6, 1899, 22 Op. 654, 655–656.

"Cuba is none the less foreign territory, within the meaning of the act of Congress, because it is under a military governor appointed by and representing the President in the work of assisting the inhabitants of that island to establish a government of their own, under which, as a free and independent people, they may control their own affairs without interference by other nations. The occupancy of the island by troops of the United States was the necessary result of the war. That result could not have been avoided by the United States consistently with the principles of international law or with its obligations to the people of Cuba.

"It is true that as between Spain and the United States-indeed, as between the United States and all foreign nations-Cuba, upon the cessation of hostilities with Spain and after the Treaty of Paris, was to be treated as if it were conquered territory. But as between the United States and Cuba that island is territory held in trust for the inhabitants of Cuba, to whom it rightfully belongs and to whose exclusive control it will be surrendered when a stable government shall have been established by their voluntary action."

Neely v. Henkel (1900), 180 U. S. 109, 119–120.

The President is authorized to do whatever he finds necessary or expedient for the proper administration of government in Cuba, having in view the pacification of the island and the establishment of order and industry. For the purpose of disbanding the insurgent forces in Cuba, the President is authorized to pay some or all of the soldiers of such forces either out of the revenues of the island or out of the emergency fund provided by the act of January 5, 1899. (Griggs, Atty.-Gen., Jan. 14, 1899, 22 Op. 301.) By the proviso relating to the American evacuation of Cuba, inserted in the act of March 2, 1901, and commonly known as the Platt amendment, it is declared that "the Isle of Pines shall be omitted from the proposed constitutional boundary of Cuba, the title thereto being left to future adjustment by treaty." The provisions of this amendment were accepted by the constitutional convention of Cuba.

Isle of Pines, and other conditions

of evacuation.

11. TUTUILA AND OTHER SAMOAN ISLANDS.

§ 110.

As early as 1853, if not earlier, the United States was represented by a commercial agent at Apia, in the Samoan, then Early relations. commonly called the Navigators, Islands, and in several subsequent appropriation acts provision was made for a consul there.

@31 Stat. 895, 897-898.

In the Congressional Directory of June 20, 1854, 48, may be found the name of Aaron Van Camp as commercial agent at Apia. Information as to claims for spoliations by "wrongful acts of the commercial agent of the United States exercising authority" at Apia, in 1855, may be found in H. Report 212, 35 Cong. 2 sess.; H. Report 569, 36 Cong. 1 sess.; S. Report 148, 36 Cong. 1 sess. See, also, Mr. Marcy, Sec. of State, to Mr. Dobbin, Sec. of Navy, Jan. 13, 1857, 46 MS. Dom. Let. 244.

sion.

February 17, 1872, Commander Meade, of the U. S. S. Narragansett, entered into an agreement with Maunga, Great Meade agreement: Chief of the Bay of Pagopago (pronounced PangoPagopago. pango), in the island of Tutuila, whereby the chief, who professed a desire for the friendship and protection of the United States, granted to the Government the exclusive privilege of establishing in that harbor a naval station for the use and convenience of United States Government vessels." May 22, 1872, President Grant communicated this agreement to the Senate, saying that he would not hesitate to recommend its approval but for the protection to which it pledged the United States, and that with some modification of the obligation he recommended it to the favorable consideration of the Senate." About the same time the attention of the United States "". was directed, by highly respected commercial persons, to Steinberger's mis- the importance of the growing trade and commerce of the United States with the islands in the South Pacific Ocean and to the opportunities of increasing our commercial relations in that quarter of the globe." With a view to secure trustworthy information in regard to the Samoan Islands, a special agent named Steinberger was sent thither by the Department of State in 1873. He accomplished his mission, and his report was communicated by the President to Congress on April 21, 1874. In December, 1874, he was sent back to the islands to convey to the chiefs a letter from the President and some presents. Not long afterwards rumors reached the United States that he had set up a government in the islands and was administering it; and it was said that he had assured the natives that the islands were under the protection of the United States. These reports led the House of Representatives, on March 28, 1876, to adopt a resolution instructing the Committee on Foreign Affairs to inquire into the extent and character of Steinberger's powers, and to call on the Secretary of State for correspondence relating to his mission. The investigation elicited the fact that his visits to the islands simply for the purpose of observation and report; that his mission had no diplomatic or political significance whatever, and that he had never been authorized to pledge the United States to the support of any government he might form or assist in forming."e

were

After making a second report, Steinberger resigned his position as special agent of the United States. As ruler of Samoa he fell into difficulties, and with the concurrence of the American consul, who was

a H. Ex. Doc. 161, 44 Cong. 1 sess. 6.

H. Ex. Doc. 161, 41 Cong. sess. 6.

e Report of Mr. Fish, Secretary of State, to the President, May 1, 1876, H. Ex. Doc. 161, 44 Cong. 1 sess.

d S. Ex. Doc. 45, 43 Cong. 1 sess.

e Report of Mr. Fish, May 1, 1876, H. Ex. Doc. 161, 44 Cong. 1 sess.

at open variance with him, he was deported on a British man-of-war. On March 18, 1876, the American consul at Apia transmitted to the Department of State a copy of a document said to have been found among Steinberger's papers after his arrest, and which purported to be an agreement between him and the house of Godeffroy & Son, of Hamburg, entered into before his return to Samoa, by which, for a certain commission, he undertook to exercise all his influence in Samoa in any position he might occupy for the furtherance of the German firm's trade."

Treaty with United
States.

In 1877 a native of rank, named Mamea, was sent by the chiefs of Samoa to the United States as ambassador to conclude a treaty. A deputation of chiefs had in the same year made an unsuccessful application for annexation to Great Britain, and Mamea came to the United States with a view to obtain at least the protection of this Government. President Hayes, in his first annual message, 1877, stated that the object of Mamea's mission was "to invite the Government of the United States to recognize and protect their [Samoan Islands] independence, to establish commercial relations with their people, and to assist them in their steps toward regulated and responsible government." He observed that the subject was deemed worthy of respectful attention and that "the claims upon our assistance by this distant community will be carefully considered."

On January 16, 1878, a treaty between the United States and Samoa was concluded at Washington. By the 2nd article, the Government of the United States was granted "the privilege of entering and using the port of Pagopago, and establishing therein and on the shores thereof a station for coal and other naval supplies," and the Samoan Government engaged that it would thereafter "neither exercise nor authorize any jurisdiction within said port adverse to such rights of the United States or restrictive thereof." In the 5th article it was provided that if any differences should arise between the Samoan Government and any other government in amity with the United States, the Government of the United States would "employ its good offices for the purpose of adjusting those differences upon a satisfactory and solid foundation." No provision was made for a protectorate. In 1877 however, and again in 1878, the flag of the United States was raised by different American consular representatives at Apia as the sign of a protectorate, but on neither occasion was the act sustained by the United States.

@H. Ex. Doc. 161, 44 Cong. 1 sess., 128; Nineteenth Century, February, 1886, 298-300.

See, as to the American construction of this stipulation, Mr. Foster, Sec. of State, to Mr. White, chargé at London, Nov. 21, 1892, For. Rel. 1892, 243.