No. 301

Headquarters Division of Cuba,

HAVANA, July 25, 1900.

The Military Governor of Cuba directs the publication of the following instructions:

Whereas, the Congress of the United States by its joint resolution of April 20, 1898, declared

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

"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."

And, Whereas, the people of Cuba have established municipal governments, deriving their authority from the suffrages of the people given under just and equal laws, and are now ready, in like manner, to proceed to the establishment of a general government which shall assume and exercise sovereignty, jurisdiction, and control over the Island.

Therefore, it is ordered that a general election be held in the Island of Cuba on the third Saturday of September, in the year nineteen hundred, to elect delegates to a convention to meet in the City of Havana, at twelve o'clock noon on the first Monday of November, in the year nineteen hundred, to frame and adopt a Constitution for the people of Cuba, and, as a part thereof, to provide for and agree with the Government of the United States upon the relations to exist between that Government and the Government of Cuba, and to provide for election by the people of officers under such Constitution and the transfer of government to the officers so elected.

The election will be held in the several voting precincts of the Island under and pursuant to the provisions of the electoral law of April 18, 1900, and the amendments thereof.

The people of the several provinces will elect delegates in num

ber proportioned to their populations as determined by the census, viz:

The people of the Province of Pinar del Rio will elect three (3) delegates.

The people of the Province of Havana will elect eight (8) delegates.

The people of the Province of Matanzas will elect four (4) delegates.

The people of the Province of Santa Clara will elect seven (7) delegates.

The people of the Province of Puerto Principe will elect two (2) delegates.

The people of the Province of Santiago de Cuba will elect seven (7) delegates.

J. B. HICKEY, Assistant Adjutant General.

The declaration that provision for the relations to exist between the new government and that of the United States was to be included in the Constitution "as a part thereof," called out much criticism in the United States and general opposition in the Island. It was declared that such provision was not within the proper scope of a Constitutional Convention. It involved a question of international treaties, and the point was urged that the right and power to make such treaties lay only with the duly elected officials of an established government. Political parties refused to participate under such terms; individuals declared that they would not go to the polls; and aspirants for election expressed their determination, in the event of their election, to resign from the Convention unless the terms were modified by the excision of the objectionable point, that of the incorporation of the matter of "relations" as an integral part of the Constitution. These protests, supported as they were by arguments and protests from American sources, became so em

phatic that assurances were given that the terms of the order would be modified.

Following this call, there was issued, on August 11, the general terms and conditions of the election. This, subject to the modifications required for an election of different character, followed the lines of the order for municipal elections. The qualifications for the suffrage were the

same.

The election was held on September 15. Contrary to that which might reasonably be expected, the election excited no widespread enthusiasm. The affair was one-sided and the vote a small one. At the time, three parties may be said to have existed. These were the Cuban National, composed almost entirely of the ultra-radical and military element; the Republican, a factional offshoot from the National and no less radical in its sentiments; and the Union Democratic, nominally representing the conservative element. The aims of the National and the Republican were much the same. The Union Democratic made little showing, electing only one member, Señor Giberga. The others, notwithstanding their different party titles, may be grouped as Radicals. Many assertions were made of fraud in the election methods, but no definite charges were preferred and no action was taken in the matter. The election resulted in the choice of the following gentlemen as members of the Constitutional Convention.

For the Province of Pinar del Rio Gen. Juan Ruis Rivera; Dr. Joaquin M. Quilez; Señor Gonzalo de Quesada; with Messrs. Beltran, Villalon, and Manduley as substitutes.

For the Province of Havana - Generals José Lacret Morlot; Alejandro Rodriguez; Emilio Nunez; Drs. Miguel Gener; Manuel Sanguilly; Diego Tamayo; Leopoldo Berriel; Señor Alfredo Zayas; with Messrs. Pichardo, L. Rodriguez,

Vidal, Castellanos, Fonts y Sterling, Figueredo, F. Mora, and G. Mora, as substitutes.

For the Province of Matanzas Generals Pedro Betancourt; Mendez Capote; Señor Eliseo Giberga; Señor Luis Fortun; with Messrs. Garmendia, Lajonchere, Martinez, and Jimenis, as substitutes.

For the Province of Puerto Principe - Messrs. Ramon Silva and Salvador Cisneros; with Messrs. Arango and O. F. Cisneros as substitutes.

For the Province of Santiago de Cuba - Messrs. Eudaldo Tamayo; Antonio Bravo; Rafael Portuondo; Juan Gualberto Gomez; Jose Fernando de Castro; Rafael Manduley; and Joaquin Castillo Duany; with Messrs. Garcia, Buduen, Sanchez, Clarens, Milanes, Torres, and Ferrer, as substitutes.

The Convention assembled at two o'clock on the 5th of November, 1900. A large and enthusiastic crowd had gathered in and around the building. General Wood called the assembly to order, and read the following, which was afterward issued as Civil Order No. 455.

"Gentlemen:

"As Military Governor of the Island, representing the President of the United States, I call this Convention to order.

"It will be your duty, first, to frame and adopt a Constitution for Cuba, and when that has been done, to formulate what, in your opinion, ought to be the relations between Cuba and the United States.

"The Constitution must be adequate to secure a stable, orderly, and free government.

"When you have formulated the relations which, in your opinion, ought to exist between Cuba and the United States, the Government of the United States will doubtless take such action on its part as shall lead to a final and authoritative agreement between

the people of the two countries to the promotion of their common interests.

"All friends of Cuba will follow your deliberations with the deepest interest, earnestly desiring that you shall reach just conclusions, and that, by the dignity, individual self-restraint, and wise conservatism which shall characterize your proceedings, the capacity of the Cuban people for representative government may be signally illustrated.

"The fundamental distinction between true representative government and dictatorship is that in the former every representative of the people, in whatever office, confines himself strictly within the limits of his defined powers. Without such restaint there can be no free constitutional government.

"Under the order pursuant to which you have been elected and convened, you have no duty and no authority to take part in the present government of the Island. Your powers are strictly limited by the terms of that order."

After reading the foregoing official instructions, General Wood made a brief personal address in which he emphasized the two essential features of the work of the Convention. A local paper (The Havana Post) reported this as follows:

"When Secretary Varona had concluded reading the Spanish translation of the address, General Wood made a few more plain remarks to the delegates. He wanted them to understand that they had been elected to frame a Constitution for Cuba. That was their plain duty. The matter of relations which should exist between Cuba and the United States was another matter. He wished them success."

The terms of the official order and these remarks of the Military Governor, speaking as the representative of the American administration, would seem to dispose, utterly and completely, of any ground for charges that, in omitting from their Constitution the question of relations, the Cubans were violating their instructions; and of all ground for any