In the prisons men were found who had been imprisoned for months for minor offenses without being brought to trial; and the trials in some similar cases had dragged through years, even, without being brought to conclusion. So manifestly unjust were some of these cases of imprisonment that in different provinces the military commanders set prisoners free without due process of law, and complaint thereof being made by judges and audiencias, the matter was only remedied by the necessary action of the military governor in the exercise of his high powers.

These conditions of the laws and of methods of procedure were so contrary to American law and customs that immediate changes seemed necessary to insure justice to the people. But upon examination it was found that the entire system ought to be revised and altered, a work requiring much time and careful consideration, since the people had been born and bred to the existing methods, customs, and administration of law, and were averse to changes until they understood the full meaning of the change. Such was the condition as to the laws when the military government began its operations.

By his proclamation of January 1, 1899, the military governor stated that the laws which prevailed prior to the relinquishment of Spanish sovereignty would continue in force, with such modifications and changes as may from time to time be found necessary in the interest of good government.

Customs affairs of the island were placed under the charge of an American officer appointed by the President, on the staff of the division commander, and designated by the military governor as "chief of customs service," and charge taken of said duties January 1, 1899.

The duties formerly belonging to the "cuerpo de comunicaciones," consisting in the control of telegraph and telephone lines and postal service, hitherto under the charge of the secretary of public works and communications, were turned over to the American officials, the postal service to a civilian appointed by the President to be director of posts, and the telephone and telegraph lines to the chief signal officer of the division commander's staff. Those duties still devolve upon these officers. Modifications of the law were found necessary, and were made as rapidly as practicable, to carry out the purposes of the administration of affairs by the military governor for the benefit of all the people of Cuba, and those possessed of rights and property in the island, as stated by him in his proclamation. Oppressive taxes were remitted; restrictions upon personal liberty removed; provision made for relief of debtors, to the future benefit of both debtor and creditor; property restored to its owners, and in many ways the laws modified to the material benefit of all inhabitants. Radical changes in the law which might be made in territory wholly subject to the United States, with a view to the introduction of American systems of law or procedure, can not well be made in a country which we are holding, as a friendly territory, under belligerent rights acquired through our war with Spain, with the object of enabling a stable government to be established. It is necessary to consult the views of the representatives of the people who are to form the new government as to such changes, and to act in accordance with what will be for the best interest of their future, setting aside our own personal views; for they have grown up under an entirely different system of government from our own, are accustomed to their own laws and methods of procedure, and it is not easy to change the entire customs of a people, even for the better, until they are educated to the necessity therefor and the wisdom of doing it. It is necessary also, before such changes are made, to consider the effect upon the entire system of laws, as some proposed changes, if many in number, would result in the necessity for a complete change of the system, and for that the people are not yet prepared.

We must have regard to the race of men, their education, customs, conditions under which they were born and have lived, and the ideas with which they are imbued. Thus it will be seen that in Cuba it is better to "make haste slowly" than to enforce laws antagonistic to the people, and which they will not appreciate until educated to it.

JUDICIAL SYSTEM.

The judicial system of the island, beginning with the lowest court, consisted of the municipal courts, the jurisdiction of whose judges was local, for minor criminal offenses; the courts of first instance and instruction, which formed the lower branch of the judicial organization of the state; the audencias, or provincial courts, one for each province, but only three of which (those at Habana, Matanzas, and Santiago) had both civil and criminal jurisdiction; the other three had criminal jurisdiction only, the civil cases in the province of Pinar del Rio coming before the audencia at Habana, those of the province of Santa Clara going to Matanzas, and those of Puerto Principe to Santiago. The supreme court (trib inal supremo) was at Madrid.

REORGANIZATION OF COURTS.

Upon the transfer of sovereignty the jurisdiction of the supreme court at Madrid over new cases arising in the island ceased, and it became necessary to replace it

by a court in the island. This was done by the organization of a supreme court for the island, by order of the military governor, April 14, 1899, and its methods of procedure prescribed July 21, 1899.

The audencias were also reorganized by him July 15, 1899, one being established in each province, having both civil and criminal jurisdiction.

Experience has shown that the evils formerly complained of in obtaining justice and early action in the courts were due rather to the personnel of the courts and their methods of procedure than to the laws governing the cases. The law of procedure, especially in criminal cases, was not based upon any consideration of the rights of men, but rather appears to have been a relic of the dark ages, with a slight touch of the inquisition, in the powers held by judges, under the "incomunicado" system which existed. Much injustice and many hardships have been due to the absence of those remedial writs which give to the Anglo-Saxon legal assurance of proper regard for his personal rights of liberty and to property.

Much of the corruption which existed in the courts under the Spanish régime was due to the system of payment of municipal judges, and the subordinate clerks or employees of all courts, especially in criminal cases, by fees instead of salaries. The demand for fees outside of the legitimate allowances was so habitual that it became a "custom of the country," and in important matters payment thereof was necessary to secure prompt transaction of business. The methods of collection of such illegal fees had, through long years of use, attained the highest point of perfection, and it was difficult to say what official was free from it. It was so customary that the thought of moral wrong does not seem to have attached to it, and it will probably only disappear under new methods of procedure and education as to moral principles of right and wrong in money matters.

The system of government at a distance by Spain, through officials who apparently used their offices for personal purposes and to attain private wealth, has left its effect upon these people who have for centuries lived under it, and it will probably take some years to completely change the wrong ideas with which many officeholders seem to have become imbued.

Changes in the law of procedure have already been made, the "incomunicado" system abolished, and the judges, clerks, and employees of the supreme court and of the audiencias, and the judges of first instance and instruction now receive regular stated salaries. Steps are being taken to provide salaries for the municipal judges and all clerks and employees of courts not now salaried.

These reforms, with needed changes in the law of procedure, and the appointment of new judges, clerks, etc., will, it is hoped, procure the honest administration of justice, free and untrammeled, and rid the island of many of the corrupting influences which heretofore existed under Spanish rule.

An incorruptible judiciary is indispensable to the welfare and even to the existence of a nation.

The modifications made in the laws, the abolishment of the "incomunicado" system, the proposed introduction of remedial writs, which it is hoped may be found available in connection with the existing system of laws, and the payment of salaries instead of fees, with the change in personnel of the court, will introduce a new era of justice and a recognition of personal rights not heretofore enjoyed.

QUESTIONS CONSIDERED.

Not only have matters affecting proposed changes in the form of government of the island, of provinces, and of municipalities, and also in the laws, constitution of courts, etc., been considered in this office, but questions of relationship to foreign countries and to the United States; questions arising under the protocol and treaty of peace with Spain; construction of laws, not only Spanish and American, but constitutional and international law, with questions relating to all sorts and kinds of claims, petitions, appeals, protests, reports, etc., with which the office of the military governor has been overburdened from the beginning of his administration; and innumerable questions as to taxes, lands, mortgages and conditional sales, and almost everything conceivable that could properly, or improperly, be brought before the military governor, have been acted upon.

GRANTS AND CONCESSIONS.

Among the most important matters, which from the beginning of the military government began to appear, were those relating to grants, concessions, and claims, including requests for approval of the military governor thereto. Many of these were claimed to be completed concessions by act of the Spanish authorities, and all that was necessary was the permission of the military governor to proceed with the work. Some of them involved millions of dollars; one alone, the so-called "Dady concession," involving about $14,000,000; and there were also extensive concessions for tramways and railways claimed.

Upon examination of these various claims, it was found that in most instances the concessions were incomplete, some lacking the final approval of the authorities of the island, or in Madrid, while rights to others were in dispute, and the title thereto, and questions involved, ought to be decided in the courts rather than by the executive.

Some concessions granted by the Spanish Government appeared to be contrary to public policy and the interests of the people, as giving to the concessionaries rights which were an incumbrance upon the community and inconsistent with modern systems of government. One of these was what is known as the "O'Reilly concession," or hereditary right, originally granted in 1704, to perform certain duties in connection with the slaughterhouse of the city of Habana, and to collect certain sums therefor. This was abolished by order of August 10, 1899.

Several grants were made by the Spanish Governor-General of the island after the signing of the protocol, and some of them of such character that they appeared as if purposely secured in anticipation of the change of government in order to have some claim to present to the new government.

These were carefully scrutinized, and the ground taken by this office in all cases where grants had been made by the Spanish Captain-General after the signing of the protocol, which would give the parties rights, extending through a series of years, in some instances, into the future, that this authority had no right to bind the future government of the island by any act of his, done after he knew his own Government was to lose control, and that such concessions were to be looked upon with suspicion as an attempt to bind a succeeding government to terms and conditions which that Government itself would not have conceded.

THE FORAKER AMENDMENT."

The "Foraker amendment" prohibits the granting of any property, franchise, or concession of any kind whatever by any military or other authority whatsoever while Cuba is under occupation by the United States. This has not only prevented attempts upon the part of speculators to secure, in the unsettled condition of affairs, concessions which might be found later it would have been better to have withheld, but it also had the effect to prevent the progress of works, public and private, which would greatly have benefited the island. There is no doubt that the construction of certain railroad lines in the island, if it could have been proceeded with, would not only have benefited the island, but would have given needed work to the people. There are several cases of desired concessions where, if grants could have been given, both the island and people would have been greatly benefited.

CITIZENSHIP, ETC.

Among other questions which have come before this office, and the decision of which will affect the immediate future of the island, has been that of citizenship, or rather of the status of certain Cuban-born persons who during the late war or before, had become naturalized citizens of another country, and now desire to acquire the rights, duties, and privileges of other Cubans who remained subject to Spain.

It was proposed by the secretary of state and government of the island that by renunciation of such foreign allegiance and registration under existing (Spanish) law there would be a restoration to all the rights, etc., enjoyed by other Cubans not naturalized in foreign countries. But it was held by this office that mere renunciation of their foreign allegiance and registration would not give them the rights of citizenship, that something more is necessary; it being held in the United States and in other countries that persons who have formally renounced their allegiance thereto and have assumed the obligation of citizen or subject of another power, in other words, have denationalized or expatriated themselves, are aliens, and " can become citizens only by virtue of the same laws and with the same formalities and by the same process by which other aliens are enabled to become citizens.

This subject seems to be one of immediate importance, for the census of the people is being already taken preparatory to determination as to their future government. There are many native-born Cubans who, through force of circumstances, became citizens of other countries, but whose interests in the future of the island are not less than those who permanently remained here, who are now in the island, working for its recuperation and regeneration.

When a government is about to be formed with whom rests the decision as to who shall participate in the birth and control of this governmental organization? This is an important question and should be met before the time for action comes.

The final decision as to the civil rights and political status of inhabitants of this "relinquished" territory may, as in cases of "ceded" territory under the treaty, rest with Congress. If not acted upon by it, this decision must be made by the President or by the military governor of the island.

FUTURE NEEDS.

One of the most immediate needs of the island appearing to this office is that of the reorganization of the civil government and a complete revision and codification of the laws.

The subject of the government of municipalities and provinces is already under consideration. Their government and that of the country needs to be so organized that the entire island shall be governed by the people thereof through their chosen representatives.

The laws have been so amended by royal orders and decrees that it is difficult to ascertain what the law actually is upon many subjects, or even to find the provisions thereof, scattered as they are through years of published copies of the Official Gazette, complete copies of which are not now obtainable,

If, with this revision, some modern modifications might be introduced into the general system, it would be greatly beneficial. Especially is there needed the introduction of the writ of habeas corpus, which is now under consideration, and the remedial writs of American law, or the substance thereof, as necessary to the rights of a free and self-governing people, such as the Cubans hope to be. The establishment of salaries for judges and court officials, instead of fees, already begun, and the prompt removal of any judge or official guilty of corrupt practices, and punishment therefor, will tend to purify the courts.

One of the greatest needs is the introduction of changes in the present methods of procedure of courts, which are now voluminous, tend to procrastination, delay, and injustice. Especially is this true in such cases as come ordinarily before our police courts. The municipal judges seem unable to dispose of cases rapidly, as do our police judges, and there is consequent long delay in trial, with unreasonable imprisonment and injustice. One single American, as has been proven by the police court held by an American army officer in this city, can dispose of more cases and do better justice to the parties in one day than the municipal judges have ever hitherto disposed of in a week, and, perhaps, even in a month. They need to learn this system of disposition of minor criminal cases, and that immediate daily action will conduce to justice and keep their dockets clear.

That there are other remedies needed is not to be questioned, but the necessities are met by the military governor as they develop. So much has already been accomplished that the future is hopeful. The "mañana" of the Spanish race is giving way somewhat before the activity of the Anglo-Saxon, and with the inevitable introduction of American blood into the island, working in unison with the experience, vivacity, and intelligence of the educated Cuban people, the future is full of hope.

A brief synopsis of the different orders relative to civil matters affecting the government or the laws issued by the military governor since January 1, 1899, is forwarded herewith.

Respectfully submitted.

EDGAR S. DUDLEY,

Major and Judge-Advocate, U. S. V., Judge-Advocate.

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LIST OF CIVIL ORDERS ISSUED BY MILITARY GOVERNOR AFFECTING FORM OF
GOVERNMENT, OR FORMERLY EXISTING LAWS, OF THE ISLAND OF CUBA, SINCE
JANUARY 1, 1899.

The following is a list of the civil orders which have been issued, affecting the form of government, or the formerly existing laws of the island, all of which are published and promulgated in both the English and Spanish languages, viz:

PROCLAMATION.

The proclamation of the military governor, stating the object of the present government to be "to give protection to the people, security to person and property, to restore confidence, to encourage the people to resume the pursuits of peace, to build up waste plantations, to resume commercial traffic, and to afford full protection in the exercise of all civil and religious rights," and that these objects would be carried out "through the channels of civil administration, although under military control for the benefit of all the people of Cuba, and those possessed of rights and property in the island."

This order also stated that "the civil and criminal code which prevailed prior to the relinquishment of Spanish sovereignty will remain in force, with such modifica tions and changes as may from time to time be found necessary in the interest of good government."

All the people of Cuba, without regard to previous affiliation, were invited and urged to cooperate in the above objects, and all who desired to consult with the military governor on matters of public interest were invited to do so.—January 1, 1899.

ORDERS.

1. Decrees relative to passports in force January 1, 1899, were rescinded, and such passports no longer required.—January 5, 1899.

2. Pending the appointment of a secretary of finance, Lieut. Col. Tasker H. Bliss, chief of customs, was directed to perform the duties of said secretary.-January 7,

1899.

3. To secure better organization of the civil service in the island of Cuba it was ordered that the civil government shall be administered by four departments, each under charge of its appropriate secretary, viz: The department of state and government; the department of finance; the department of justice and public instruction; the department of agriculture, commerce, industries, and public works.-January 11, 1899.

4. The appointment of the following secretaries of departments, viz: Domingo Mendez Capote, to be secretary of state and government; Pablo Desvernine, to be secretary of finance; Jose Antonio Gonzalez Lanuza, to be secretary of justice and public instruction; Adolfo Saenz Yanez, to be secretary of agriculture, industries, commerce, and public works.-January 12, 1899.

8. Civil officials in office before the military occupation of Cuba, and still holding said offices by appointment of the Governor-General or his authority, and those holding such offices in the several provinces and municipalties by continuance therein under authority of commanding generals of departments, were confirmed in their offices to date from January 1, 1899.

Civil officials appointed since that date by said commanding generals are confirmed from the date of their entrance upon the duties of their respective offices. Such offices to be hereafter filled by the military governor, recommendations of the department commanders being considered.-February 1, 1899.

9. All taxes due under Spanish laws in force in the island and unpaid January 1, 1899, remitted. Taxes collected on railway passengers and freight prior to that date to be passed into the treasury at once.-February 10, 1899.

13. Provincial deputations abolished. Matters of business under their jurisdiction to be submitted to and acted upon by civil governors.-February 24, 1899.

14. The office of the president of the council of secretaries, and the department of general government, abolished, and the department of state and government reorganized and divided into three sections: (1) Section of state, with charge of matters relating to consular and diplomatic service and foreign affairs; (2) section of government, in charge of matters relating to municipal affairs, sanitation, cemeteries, statistics, penal establishments, and charitable institutions; (3) section of general government, in charge of correspondence, preparations of such matters as require the approval of the executive, officers and employees of the provinces, matters relating to newspapers, censorship of theatrical performances, public libraries, archives, elections, and miscellaneous matters.-February 24, 1899.

17. Decree of Captain-General Blanco of July 19, 1898, as to audiencias of Matanzas and Puerto Principe revoked, and the jurisdiction of those audiencias limited to what, under the law, was appropriate to each prior to said decree.-March 4, 1899. 18. The capitation tax at all Cuban ports abolished, to take effect March 1, 1899.— March 4, 1899.

21. Establishes rules and regulations for auditor of the island of Cuba.—March 14, 1899.

23. Auditor appointed for the island of Cuba.-March 18, 1899.

24. Prosecutions of claims against municipalities or provincial deputations suspended until method of adjustment can be determined, after reorganization of said corporations.-March 21, 1899.

25. All fines governmental or municipal in character to be hereafter paid in cash, receipts given and record kept.-March 21, 1899.

26. Courts directed not to take cognizance of prosecutions having for their object punishment of criminal acts committed by troops in active military service during the past war, or by any person connected therewith, whether belonging to Cuban or Spanish forces, including all individuals invested with civil authority.—March 23, 1899.

27. Municipal assessment known as "repartmiento" abolished, and outstanding quotas unpaid and due in second half of fiscal year remitted.

Tax on beef cattle abolished, to take effect April 1, 1899.

Taxes and imports on articles of prime necessity, such as food, fuel, etc., abolished, except those on alcoholic liquors.

Municipalities not allowed to tax importation or exportation of merchandise and cattle, and municipal taxes now affecting them abolished.