CUBA. LEASE OF COALING OR NAVAL STATIONS TO THE UNITED STATES. Agreement between the United States of America and the Republic of Cuba for the lease (subject to terms to be agreed upon by the two Governments) to the United States of lands in Cuba for coaling and naval stations. Signed by the President of Cuba, February 16, 1903. Signed by the President of the United States, February 23, 1903. Agreement between the United States of America and the Republic of Cuba for the lease (subject to terms to be agreed upon by the two Governments) to the United States of lands in Cuba for coaling and naval stations. The United States of America and the Republic of Cuba, being desirous to execute fully the provisions of Article VII of the Act of Congress approved March second, 1901, and of Article VII of the Appendix to the Constitution of the Republic of Cuba promulgated on the 20th of May, 1902, which provide: "Article VII. 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 Cuban Government will sell or lease to the United States the lands necessary for coaling or naval stations, at certain specified points, to be agreed upon with the President of the United States." have reached an agreement to that end, as follows: ARTICLE I. The Republic of Cuba hereby leases to the United States, for the time required for the purposes of coaling and naval stations, the following described areas of land and water situated in the Island of Cuba. 1st. In Guantanamo (see Hydrographic Office Chart 1857). From a point on the south coast, 4.37 nautical miles to the eastward of Windward Point Light House, a line running north (true) a distance of 4.25 nautical miles; From the northern extremity of this line, a line running west (true), a distance of 5.87 nautical miles; From the western extremity of this last line, a line running southwest (true), 3.31 nautical miles; From the southwestern extremity of this last line, a line running south (true), to the seacoast. This lease shall be subject to all the conditions named in Article II of this agreement. 2nd. In Northwestern Cuba (see Hydrographic Office Chart 2036). In Bahia Honda (see Hydrographic Office Chart 520b). All that land included in the peninsula containing Cerro del Morrillo and Punta del Carenero situated to the westward of a line running south (true) from the north coast at a distance of thirteen hundred yards east (true) from the crest of Cerro del Morrillo, and all the adjacent waters touching upon the coast line of the above described peninsula and including the estuary south of Punta del Carenero with the control of the headwaters as necessary for sanitary and other purposes. And in addition all that piece of land and its adjacent waters on the western side of the entrance to Bahia Honda included between the shore line and a line running north and south (true) to low water marks through a point which is west (true) distant one nautical mile from Pta. del Cayman. 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 III. 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. Done in duplicate at Habana, and signed by the President of the Republic of Cuba this sixteenth day of February, 1903. [SEAL] T. ESTRADA PALMA. Signed by the President of the United States the twenty third of February, 1903. [SEAL] THEODORE ROOSEVELT Lease to the United States by the Government of Cuba of certain areas of land and water for naval or coaling stations in Guantanamo and Bahia Honda. Signed at Habana, July 2, 1903. Approved by the President October 2, 1903. Ratified by the President of Cuba August 17, 1903. Ratifications exchanged at Washington October 6, 1903. The United States of America and the Republic of Cuba, being desirous to conclude the conditions of the lease of areas of land and water for the establishment of naval or coaling stations in Guantanamo and Bahia Honda the Republic of Cuba made to the United States by the Agreement of February 16 23, 1903, in fulfillment of the provisions of Article Seven of the Constitutional Appendix of the Republic of Cuba, have appointed their Plenipotentiaries to that end. The President of the United States of America, Herbert G. Squiers, Envoy Extraordinary and Minister Plenipotentiary in Havana. And the President of the Republic of Cuba, José M. Garcia Montes, Secretary of Finance, and acting Secretary of State and Justice, who, after communicating to each other their respective full powers, found to be in due form, have agreed upon the following Articles; 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. All private lands and other real property within said area shall be acquired forthwith by the Republic of Cuba. The United States of America agrees to furnish to the Republic of Cuba the sums necessary for the purchase of said private lands and properties and such sums shall be accepted by the Republic of Cuba as advance payment on account of rental due by virtue of said Agree ment. ARTICLE II The said areas shall be surveyed and their boundaries distinctly marked by permanent fences or inclosures. The expenses of construction and maintenance of such fences or inclosures shall be borne by the United States. ARTICLE III The United States of America agrees that no person, partnership, or corporation shall be permitted to establish or maintain a commercial, industrial or other enterprise within said areas. ARTICLE IV Fugitives from justice charged with crimes or misdemeanors amenable to Cuban law, taking refuge within said areas, shall be delivered up by the United States authorities on demand by duly authorized Cuban authorities. On the other hand the Republic of Cuba agrees that fugitives from justice charged with crimes or misdemeanors amenable to United States law, committed within said areas, taking refuge in Cuban territory, shall on demand, be delivered up to duly authorized United States authorities. ARTICLE 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. ARTICLE VI. Except as provided in the preceding Article vessels entering into or departing from the Bays of Guantanamo and Bahia Honda 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. ARTICLE VII This lease shall be ratified and the ratifications shall be exchanged in the City of Washington within seven months from this date. In witness whereof, We, the respective Plenipotentiaries, have signed this lease and hereunto affixed our Seals. Done at Havana, in duplicate in English and Spanish this second day of July nineteen hundred and three. [SEAL.] [SEAL.] H. G. SQUIERS. José M. GARCÍA MONTES I, Theodore Roosevelt, President of the United States of America, having seen and considered the foregoing lease, do hereby approve the same, by virtue of the authority conferred by the seventh of the provisions defining the relations which are to exist between the United States and Cuba, contained in the Act of Congress approved March 2, 1901, entitled "An Act making appropriation for the support of the Army for the fiscal year ending June 30, 1902.” WASHINGTON, October 2, 1903. THEODORE ROOSEVELT MESSAGE OF THE PRESIDENT OF CUBA TO CONGRESS. No. 479.] Mr. Squiers to Mr. Hay. LEGATION OF THE UNITED STATES, SIR: Confirming my telegrams" of the 7th and 9th instant relative to the President's message, I now beg to inclose a translation of that document. My telegrams covered all that is of special importance to the United States, excepting so much as relates to sanitary questions. The execu tive discusses some of the difficulties which are now under consideration and to which I have referred in my reports on the sanitary condition of Santiago. The third legislature opens to-day and it is a pleasure for me to address to the congress the message required by law, giving an account of the acts of the administration and the general condition of the Republic, and mentioning some laws that, in my judgment, it is advisable to enact. During the time transpired since November last the administration has given special attention to maintenance of public order throughout the island, so as to keep that order in the same satisfactory conditions now existing. To this end the administration has been seconded by the local authorities and governors of provinces with such energy that but a few occurrences of small importance and others of no importance are to be recorded. Exception must be made, however, of the happenings brought about by the general strike that occurred in this city during the second half of the month of November last-strike originated by differences between workmen of a few factories and the owners. The happenings mentioned are well known. They assumed such importance shortly as to concern the public, and forced the authorities to repress, with the salutary energy which the circumstances demanded, those who, overstepping the limits of a pacific demonstration, tried to stamp on it another character with acts of violence and excesses. Order having been reestablished without delay as an effect of the measures taken, and because the good sense and prudence of our people contributed thereto in a high degree, the courts of justice proceeded to initiate the prosecutions necessary to clear up the things which occurred. It is their duty to apply the law to those who are found guilty of punishable acts. The rural guard has, in the discharge of its duties, acted with the activity and circumspection that have always characterized its services and has performed some service of genuine importance to the tranquillity of certain districts. It is to be hoped that with the reorganization now going on in conformity with the law of October 18 this important security corps will be able to effectively answer the lofty object to which it is destined, avoiding in the future the deficiencies now noted, due to the limited number of men available for vigiling the extensive territory of the island. Due to the magnitude and importance of the reform, and the natural objections it is necessary to obviate in order to carry out the work with probability of good success, it has not been possible to hasten the preliminary work of reorganization. It is also indispensable that attention be given as quickly as possible to a necessity genuinely worthy of consideration and more urgent, since it refers not only to the rural guard, but the artillery corps as well. I refer to the reform to which the legislative power is now giving attention with the interest the subject merits. It is necessary to enact substantive penal laws and laws of procedure of a military character, that will revoke the incomplete and deficient provisions now governing, since the application of these provisions give rise to fretful questions of authority that the very precepts of them make insolvable, in addition to their being inadequate for the maintenance of a strict discipline in the armed forces of the Republic. Ways of communication have been and are the object of special attention on the part of the executive, interested in improving them day by day until, as soon as possible, the perfection attained in other countries is reached here. New routes have been established for interior correspondence, negotiations for the Republic's entrance into the Universal Postal Union have been completed, and special treaties have been prepared with countries that, like the United States of North America and Mexico, demand special consideration in the exchange of correspondence on account of their manifold relations with this country. With respect to the telegraph service, endeavors have been made, and with success, |