With the

harbor, capable of easy defense, will supply that want. possession of such a station by the United States neither we nor any other American nation need longer apprehend injury or offense from any transatlantic enemy. (Richardson's Messages and Papers of the Presidents, Vol. VI, p. 579.)

Johnson's message was written at a time when events had emphasized the need of "naval outposts." In the times of quiet the same need was mentioned in the message of President Hayes, of December 6, 1880. By the treaty of 1884 with Hawaii the United States obtained the right in Pearl River Harbor "to establish and maintain there a coaling and repair station for the use of vessels of the United States."

With the upbuilding of the Navy of the United States the need of coaling and other stations became clear, and these have from time to time been acquired.

Relation of Cuba to the United States, in consequence of Spanish-American War.-In this situation the fundamental question which must be first considered is that of the relation of the Republic of Cuba to the United States.

By the treaty of December 10, 1898, "Spain relinquishes all claim of sovereignty over and title to Cuba." (Art. I.)

This provision is unlike that in regard to Porto Rico, Guam, and the Philippines which is, "Spain cedes to the United States the island of Porto Rico," etc.

Before invading Cuba the United States had formally resolved, by act of April 20, 1898

That the United States hereby disclaims any disposition or intention to exercise sovereignty, jurisdiction, or control over said island except for the pacification thereof, and asserts its determination when that is accomplished, to leave the government and control of the island to its people. (30 U. S. Stat., p. 738.) The first resolution in this act is

That the people of the island of Cuba are, and of right ought to be, free and independent.

Few principles have received more complete sanction in repeated decisions than that stated by the United

States Supreme Court in the case of Jones v. United States in 1890:

Who is the sovereign, de jure or de facto, of a territory is not a judicial but a political question, the determination of which, by the legislative and executive departments of any government, conclusively binds the judges as well as all other officers, citizens, and subjects of that government. This principle has always been upheld by this court and has been affirmed under a great variety of circumstances. (137 U. S. Sup. Ct. Rpts., p. 202.)

By the act of April 20, 1898, the United States had declared "that the people of the island of Cuba are, and of right ought to be, free and independent." By the treaty of December 10, 1898, Spain relinquished the claim to sovereignty over Cuba. The United States also disclaimed any disposition or intention to exercise "sovereignty, jurisdiction, or control" over Cuba except for its pacification.

As the courts are bound by the action of the legislative and executive departments, the United States did not legally obtain by the treaty that which had been formally denounced, though the Government did declare its purpose to exercise its authority for the pacification of Cuba. The Government can accordingly exercise its own judgment in deciding when pacification is accomplished. Such a state of peace and tranquillity as was sought by the United States would be advantageous to other States as well as to the United States.

Article XVI of the treaty between the United States and Spain of December 10, 1898, provides that—

It is understood that any obligations assumed in this treaty by the United States with respect to Cuba are limited to the time of its occupancy thereof; but it will, upon the termination of such occupancy, advise any government established in the island to assume the same obligations.

It is thus declared that the rights of the United States under this treaty come to an end with the termination of the occupancy.

Relations of the United States and Cuba by conventional agreements. The United States have acquired rights as regards Cuba by virtue of treaties and other

conventional agreements. Certain aspects of the relations under conventional, agreements were considered in the Naval War College International Law Situations of 1907. Situation I.

Coaling and naval stations in Cuba, The so-called "Platt amendment" of March 2, 1901, provided:

"That in fulfillment of the declaration contained in the joint resolution approved April twentieth, eighteen hundred and ninetyeight, entitled 'For the recognition of the independeuce of the people of Cuba, demanding that the Government of Spain, relin, quish its authority and government in the island of Cuba, and to withdraw its land and naval forces from Cuba and Cubaa 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 President 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 follow: Among the promises defining the relations of the United States with Cuba the seventh is as follows:

"That to enable the United States to maintain the independence 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 specified points, to be agreed upon with the President of the United States." (31 U. S. Stat. L., 895.)

The articles of this amendment became an appendix to the constitution of Cuba promulgated on the 20th of May, 1902. By an agreement between the United States and Cuba, February 16-23, 1903, the Republic of Cuba leased certain areas in Guantanamo and in northern Cuba to the United States for the purposes of coaling and naval stations. In regard to Article I of this agreement, which defines the areas leased, the second and third articles of the agreement say:

"ARTICLE II.

"The grant of the foregoing article shall include the right to use and occupy the waters adjacent to said areas of land and water, and to improve and deepen the entrances thereto and the anchorages therein, and generally to do any and all things necessary to fit the premises for use as coaling or naval stations only, and for no other purpose.

"Vessels engaged in the Cuban trade shall have free passage through the waters included within this grant.

“ARTICLE IIL.

"While on the one hand the United States recognizes the continuance of the ultimate sovereignty of the Republic of Cuba over the above-described areas of land and water, on the other hand the Republic of Cuba consents that during the period of the occupation by the United States of said areas under the terms of this agreement the United States shall exercise complete jurisdiction and control over and within said areas, with the right to acquire (under conditions to be hereafter agreed upon by the two Governments) for the public purposes of the United States any land or other property therein by purchase or by exercise of eminent domain, with full compensation to the owners thereof."

These areas, commonly called Guantanamo and Bahia Honda, are therefore leased to the United States and not ceded. The United States, therefore, has only a qualified jurisdiction over these regions and not sovereignty, as in Porto Rico and the Philippines, and the conditions of exercise of jurisdiction in these leased areas are accordingly unlike the conditions within the areas over which the United States exercise sovereignty.

The exercise of jurisdiction in leased areas varies according to the provisions of the lease.

By the terms of the lease between the United States and the Republic of Cuba, signed July 2, 1903:

ARTICLE I. The United States of America agrees and covenants to pay to the Republic of Cuba the annual sum of two thousand dollars, in gold coin of the United States, as long as the former shall occupy and use said areas of land by virtue of said agreement.

ART. V. Materials of all kinds, merchandise, stores and munitions of war imported into said areas for exclusive use and consumption therein shall not be subject to payment of customs duties nor any other fees or charges, and the vessels which may carry same shall not be subject to payment of port, tonnage, anchorage, or other fees, except in case said vessels shall be discharged without the limits of said areas; and said vessels shall not be discharged without the limits of said areas otherwise than through a regular port of entry of the Republic of Cuba, when both cargo and vessel shall be subject to all Cuban customs laws and regulations and payment of corresponding duties and fees.

It is further agreed that such materials, merchandise, stores and munitions of war shall not be transported from said areas into Cuban territory.

ART. VI. Except as provided in the preceding article, vessels entering into or departing from the Bays of Guantanamo and

Bahia Hondo, within the limits of Cuban territory, shall be subject exclusively to Cuban laws and authorities, and orders emanating from the latter in all that respects port police, customs or health, and authorities of the United States shall place no obstacle in the way of entrance and departure of said vessels, except in case of a state of war. (Treaties and Conventions between the United States and Other Powers, 1776-1909, Vol. I, p. 360.)

By the convention of May 22, 1903, which was proclaimed July 2, 1904, the relations of the United States and Cuba were defined according to the terms of the Platt amendment of March 2, 1901, 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 impair or tend to impair the independence of Cuba, nor in any manner authorize or permit any foreign power or powers to obtain by colonization 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 public debt, to pay the interest upon which, and to make reasonable sinking fund provision for the ultimate discharge of which, the ordinary revenues of the island, after defraying the current expenses of government, 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 discharging 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 necessary 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 recurrence of epidemic and infectious diseases may be prevented, 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.

VII. That to enable the United States to maintain the independence of Cuba and to protect the people thereof, as well as