CUBA. 



201 



demands, was adopted by the United States Sen- 

 ate. The convention was made to understand 

 that these demands of the United States must 

 be conceded before the military government would 

 cease, the American troops be withdrawn, and the 

 independent Cuban Government inaugurated. The 

 majority of the convention, having declared for 

 complete independence of any control by the 

 United States, was extremely reluctant to recede 

 from the position taken. Business men and those 

 whose property interests were largest desired to 

 see the American control greater than was de- 

 manded by the United States Government. Im- 

 mediate annexation was the desire of an impor- 

 tant section of society, and a vast number 

 looked for ultimate annexation. The preponder- 

 ant sentiment of the convention and of the people 

 was, however, in favor of the greatest possible 

 independence for the present, whatever the sub- 

 sequent destiny of Cuba may be. The leaders of 

 the convention, while prepared eventually to 

 make all necessary concessions,, wished to tem- 

 porize, and to secure such modifications in the 

 American demands as could be secured. A com- 

 mission was sent to Washington to discuss the 

 subject with the American Government. Sefior 

 Capote and his fellow delegates were informed 

 that the Platt amendment must be accepted with- 

 out alteration. They asked to have the meaning 

 of the amendment explained. Secretary Root told 

 the delegates that the traditional policy of the 

 United States toward Cuba followed for eighty 

 years and the special responsibilities assumed by 

 expelling Spain entail intervention in Cuba if it 

 should be necessary either for self-defense or for 

 the protection of Cuba, and the Platt amendment 

 is intended to define this right and duty of in- 

 tervention, which can not be used for the gain 

 of the United States, but only for the protection 

 of Cuba. The Monroe doctrine does not have in- 

 ternational force, but by being recognized in the 

 Cuban Constitution as applicable to Cuba obtains 

 international force as regards Cuba, and gives 

 the United States the legal right to intervene 

 against any other power for the protection of 

 Cuba, and will prevent the United States in case 

 of such intervention from appearing aggressive to 

 other nations. Coaling stations at Cape Maysi, 

 Cape Antonio, and a point on the Gulf of Mexico 

 will serve primarily in a political and a military 

 sense to strengthen the position of the United 

 States as protector of the independence of Cuba. 

 There would be no interference with the local 

 governments at these points. The obligations as- 

 sumed by Cuba toward the United States could 

 not reasonably deter other powers from recogniz- 

 ing the sovereignty of Cuba if it was recognized 

 by the United States. As regards the Isle of 

 Pines there was a doubt whether it belonged 

 legally to the United States or to Cuba. Although 

 the duty of the United States to fulfil the inter- 

 national obligations of Cuba was assumed in the 

 treaty of Paris only for the period of military 

 occupation, the United States has virtually made 

 itself responsible before the world for the fulfil- 

 ment of those obligations by the Cuban Govern- 

 ment in devolving upon Cuba the duty of assum- 

 ing them and carrying them out. The recognition 

 by Cuba of the right of the United States to in- 

 tervene will give the American Government a legal 

 right against other nations. 



When the commissioners returned to Havana 

 the Cuban convention adopted the Platt amend- 

 ment as explained by Secretary Root, their report 

 being added as an appendix. Secretary Root 

 caused the convention to be informed that his 

 opinion could not be ingrafted on the Platt 



amendment, which must be n<l<,j, ><.<\ in its exact 

 terms. Maximo Gome/ ;ui<l mam Mtin-rs who 

 were strongly opposed to the American (irmanrlH 

 in the beginning came to see in Uieni ;i - ii_'uard 

 for the safety and stability of i.i,< ; Oil, an Uo- 

 public, and to regard them as n a )ro m 



the American standpoint. 



The Cuban Constitution is based on th;it of the 

 United States, but the Government is cent .udi/nl 

 and laws are made by Congress. The federal 

 system was discussed and finally rejected, a con- 

 siderable degree of local self-government beinjj 

 guaranteed. The Constitution declares that the 

 people of Cuba shall constitute a sovereign state 

 under a republican form of government. The six 

 former Spanish provinces were not constituted 

 into states, but into departments having a large 

 measure of self-government. The geographical 

 limits are substantially the same as those of the 

 provinces. Each department has a governor and 

 an assembly elected by the people for three years. 

 Municipal government is carried on by a mayor 

 and a council elected by the people of the town, 

 and towns are to have a reasonable amount of 

 self-government. Provision is made for their rais- 

 ing +axes and borrowing money. Congress alone 

 has power to regulate railroads and telegraphs. 

 The judiciary shall be national, not departmental,, 

 and Congress shall frame or amend the civil and 

 criminal laws. Universal suffrage was adopted 

 after much discussion, some opposing the ad- 

 mission of Spaniards and foreigners to the fran- 

 chise, others proposing an educational qualifica- 

 tion calculated to shut out the ignorant colored 

 element. Spaniards and foreigners residing in 

 Cuba may become naturalized, and their children 

 born in the island have the option of Cuban citi- 

 zenship. Freedom of speech, of the press, and of 

 religious worship is guaranteed. Prisoners can 

 not be held longer than twenty-four 'hours with- 

 out judicial authority. Congress consists 'of a 

 Senate containing 6 members from each depart- 

 ment, elected by municipalities for six years, one- 

 third retiring every two years, and of a House 

 of Representatives having 1 member to every 

 25,000 inhabitants, elected for four years by the 

 people in each district. A member of Congress 

 must be a Cuban by birth or naturalized eight 

 years, and at least twenty-five years old. The 

 President and Vice-President are elected for four 

 years by popular suffrage through colleges of 

 electors. Minority representation is provided for 

 in a limited degree. In voting for President the 

 voter is allowed to ballot for only two-thirds of 

 the number of presidential electors allotted to his 

 department. Justices of the Supreme Court are 

 appointed for life by the President subject to the 

 approval of the Senate. Civil law can be sus- 

 pended only by Congress when it is in session, and 

 when it is not in session by the President. The 

 Senate is empowered to suspend the President tem- 

 porarily when he is charged with crime or usurpa- 

 tion by the House of Representatives, and upon 

 conviction to dismiss him from office. The Con- 

 stitution can be amended by a two-thirds vote 

 of both Houses of Congress, ratified by a con- 

 stitutional assembly specially elected for the pur- 

 pose. The convention debated for some time 

 whether to declare Cuban citizens of alien birth 

 eligible to the presidency or to restrict it to born. 

 Cubans. A personal rather than a broad consti- 

 tutional question was involved, for those who 

 took the latter view were enemies of Gen. Maxima 

 Gomez, who, being a native of Santo Domingo, 

 could not be a candidate under this restriction,, 

 which they failed to carry through. 



A committee was appointed to draft an elect 



