Messages and Papers of William McKinley V.2. by William McKinley

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The people of these islands are entitled to the benefits and privileges
of our Constitution, but in the absence of any act of Congress providing
for Federal courts in the islands, and for a procedure by which appeals,
writs of error, and other judicial proceedings necessary for the
enforcement of civil rights may be prosecuted, they are powerless to
secure their enforcement by the judgment of the courts of the United
States. It is manifestly important, therefore, that an act shall be
passed as speedily as possible erecting these islands into a judicial
district, providing for the appointment of a judge and other proper
officers and methods of procedure in appellate proceedings, and that the
government of this newly acquired territory under the Federal
Constitution shall be fully defined and provided for.

* * * * *

A necessity for immediate legislative relief exists in the Territory of
Alaska. Substantially the only law providing a civil government for this
Territory is the act of May 17, 1884. This is meager in its provisions,
and is fitted only for the administration of affairs in a country
sparsely inhabited by civilized people and unimportant in trade and
production, as was Alaska at the time this act was passed. The increase
in population by immigration during the past few years, consequent
upon the discovery of gold, has produced such a condition as calls
for more ample facilities for local self-government and more numerous
conveniences of civil and judicial administration. Settlements have
grown up in various places, constituting in point of population and
business cities of thousands of inhabitants, yet there is no provision
of law under which a municipality can be organized or maintained.

In some localities the inhabitants have met together and voluntarily
formed a municipal organization for the purposes of local government,
adopting the form of a municipal constitution and charter, under
which said officials have been appointed; and ordinances creating and
regulating a police force, a fire department, a department of health,
and making provision for the care of the insane and indigent poor and
sick and for public schools, have been passed. These proceedings and
the ordinances passed by such municipalities are without statutory
authority and have no sanction, except as they are maintained by the
popular sentiment of the community. There is an entire absence of
authority to provide the ordinary instruments of local police control
and administration, the population consisting of the usual percentage
of lawless adventurers of the class that always flock to new fields of
enterprise or discovery, and under circumstances which require more than
ordinary provision for the maintenance of peace, good order, and lawful
conduct.

The whole vast area of Alaska comprises but one judicial district, with
one judge, one marshal, and one district attorney, yet the civil and
criminal business has more than doubled within the past year, and is
many times greater both in volume and importance than it was in 1884.
The duties of the judge require him to travel thousands of miles to
discharge his judicial duties at the various places designated for that
purpose. The Territory should be divided into at least two districts,
and an additional judge, district attorney, marshal, and other
appropriate officers be provided.

There is practically no organized form of government in the Territory.
There is no authority, except in Congress, to pass any law, no matter
how local or trivial, and the difficulty of conveying to the Congress an
adequate conception and understanding of the various needs of the people
in the different communities is easily understood. I see no reason why a
more complete form of Territorial organization should not be provided.
Following the precedent established in the year 1805, when a temporary
government was provided for the recently acquired territory, then
known under the name of Louisiana, it seems to me that it would be
advantageous to confer greater executive power upon the governor and
to establish, as was done in the case of the Territory of Louisiana, a
legislative council having power to adopt ordinances which shall extend
to all the rightful subjects of local legislation, such ordinances not
to take effect until reported to and approved by the Congress if in
session, and if that body is not in session then by the President.
In this manner a system of laws providing for the incorporation and
government of towns and cities having a certain population, giving them
the power to establish and maintain a system of education to be locally
supported, and ordinances providing for police, sanitary, and other such
purposes, could be speedily provided. I believe a provision of this kind
would be satisfactory to the people of the Territory. It is probable
that the area is too vast and the population too scattered and
transitory to make it wise at the present time to provide for an
elective legislative body, but the conditions calling for local
self-government will undoubtedly very soon exist, and will be
facilitated by the measures which I have recommended.

* * * * *

I recommend that legislation to the same end be had with reference to
the government of Puerto Rico. The time is ripe for the adoption of a
temporary form of government for this island; and many suggestions made
with reference to Alaska are applicable also to Puerto Rico.

The system of civil jurisprudence now adopted by the people of this
island is described by competent lawyers who are familiar with it, as
thoroughly modern and scientific, so far as it relates to matters of
internal business, trade, production, and social and private right in
general. The cities of the island are governed under charters which
probably require very little or no change. So that with relation to
matters of local concern and private right, it is not probable that
much, if any, legislation is desirable; but with reference to public
administration and the relations of the island to the Federal
Government, there are many matters which are of pressing urgency.
The same necessity exists for legislation on the part of Congress to
establish Federal courts and Federal jurisdiction in the island as has
been previously pointed out by me with reference to Hawaii. Besides the
administration of justice, there are the subjects of the public lands;
the control and improvement of rivers and harbors; the control of the
waters or streams not navigable, which, under the Spanish law, belonged
to the Crown of Spain, and have by the treaty of cession passed to the
United States; the immigration of people from foreign countries; the
importation of contract labor; the imposition and collection of internal
revenue; the application of the navigation laws; the regulation of the
current money; the establishment of post-offices and post-roads; the
regulation of tariff rates on merchandise imported from the island into
the United States; the establishment of ports of entry and delivery; the
regulation of patents and copyrights; these, with various other subjects
which rest entirely within the power of the Congress, call for careful
consideration and immediate action.

It must be borne in mind that since the cession Puerto Rico has been
denied the principal markets she had long enjoyed and our tariffs have
been continued against her products as when she was under Spanish
sovereignty. The markets of Spain are closed to her products except upon
terms to which the commerce of all nations is subjected. The island of
Cuba, which used to buy her cattle and tobacco without customs duties,
now imposes the same duties upon these products as from any other
country entering her ports. She has therefore lost her free intercourse
with Spain and Cuba without any compensating benefits in this market.
Her coffee was little known and not in use by our people, and therefore
there was no demand here for this, one of her chief products. The
markets of the United States should be opened up to her products. Our
plain duty is to abolish all customs tariffs between the United States
and Puerto Rico and give her products free access to our markets.

As a result of the hurricane which swept over Puerto Rico on the 8th of
August, 1899, over 100,000 people were reduced to absolute destitution,
without homes, and deprived of the necessaries of life. To the appeal
of the War Department the people of the United States made prompt and
generous response. In addition to the private charity of our people,
the War Department has expended for the relief of the distressed
$392,342.63, which does not include the cost of transportation.

It is desirable that the government of the island under the law of
belligerent right, now maintained through the Executive Department,
should be superseded by an administration entirely civil in its nature.
For present purposes I recommend that Congress pass a law for the
organization of a temporary government, which shall provide for the
appointment by the President, subject to confirmation by the Senate, of
a governor and such other officers as the general administration of the
island may require, and that for legislative purposes upon subjects of a
local nature not partaking of a Federal character a legislative council,
composed partly of Puerto Ricans and partly of citizens of the United
States, shall be nominated and appointed by the President, subject to
confirmation by the Senate, their acts to be subject to the approval
of the Congress or the President prior to going into effect. In the
municipalities and other local subdivisions I recommend that the
principle of local self-government be applied at once, so as to enable
the intelligent citizens of the island to participate in their own
government and to learn by practical experience the duties and
requirements of a self-contained and self-governing people. I have
not thought it wise to commit the entire government of the island to
officers selected by the people, because I doubt whether in habits,
training, and experience they are such as to fit them to exercise at
once so large a degree of self-government; but it is my judgment and
expectation that they will soon arrive at an attainment of experience
and wisdom and self-control that will justify conferring upon them a
much larger participation in the choice of their insular officers.

The fundamental requirement for these people, as for all people, is
education. The free schoolhouse is the best preceptor for citizenship.
In the introduction of modern educational methods care, however, must
be exercised that changes be not made too abruptly and that the history
and racial peculiarities of the inhabitants shall be given due weight.
Systems of education in these new possessions founded upon common-sense
methods, adapted to existing conditions and looking to the future moral
and industrial advancement of the people, will commend to them in a
peculiarly effective manner the blessings of free government.

* * * * *

The love of law and the sense of obedience and submission to the
lawfully constituted judicial tribunals are embedded in the hearts of
our people, and any violation of these sentiments and disregard of their
obligations justly arouses public condemnation. The guaranties of life,
liberty, and of civil rights should be faithfully upheld; the right of
trial by jury respected and defended. The rule of the courts should
assure the public of the prompt trial of those charged with criminal
offenses, and upon conviction the punishment should be commensurate with
the enormity of the crime.

Those who, in disregard of law and the public peace, unwilling to await
the judgment of court and jury, constitute themselves judges and
executioners should not escape the severest penalties for their crimes.

What I said in my inaugural address of March 4, 1897, I now repeat:

The constituted authorities must be cheerfully and vigorously upheld.
Lynchings must not be tolerated in a great and civilized country like
the United States. Courts, not mobs, must execute the penalties of the
laws. The preservation of public order, the right of discussion, the
integrity of courts, and the orderly administration of justice must
continue forever the rock of safety upon which our Government securely
rests.

In accordance with the act of Congress providing for an appropriate
national celebration in the year 1900 of the establishment of the seat
of Government in the District of Columbia, I have appointed a committee,
consisting of the governors of all the States and Territories of the
United States, who have been invited to assemble in the city of
Washington on the 21st of December, 1899, which, with the committees of
the Congress and the District of Columbia, are charged with the proper
conduct of this celebration.

* * * * *

Congress at its last session appropriated five thousand dollars "to
enable the Chief of Engineers of the Army to continue the examination of
the subject and to make or secure designs, calculations, and estimates
for a memorial bridge from the most convenient point of the Naval
Observatory grounds, or adjacent thereto, across the Potomac River
to the most convenient point of the Arlington estate property." In
accordance with the provisions of this act, the Chief of Engineers has
selected four eminent bridge engineers to submit competitive designs
for a bridge combining the elements of strength and durability and such
architectural embellishment and ornamentation as will fitly apply to
the dedication, "A memorial to American patriotism." The designs are
now being prepared, and as soon as completed will be submitted to
the Congress by the Secretary of War. The proposed bridge would be a
convenience to all the people from every part of the country who visit
the national cemetery, an ornament to the Capital of the Nation, and
forever stand as a monument to American patriotism. I do not doubt that
Congress will give to the enterprise still further proof of its favor
and approval.

* * * * *

The executive order of May 6, 1896, extending the limits of the
classified service, brought within the operation of the civil-service
law and rules nearly all of the executive civil service not previously
classified.

Some of the inclusions were found wholly illogical and unsuited
to the work of the several Departments. The application of the rules
to many of the places so included was found to result in friction and
embarrassment. After long and very careful consideration, it became
evident to the heads of the Departments, responsible for their
efficiency, that in order to remove these difficulties and promote
an efficient and harmonious administration certain amendments were
necessary. These amendments were promulgated by me in executive order
dated May 29, 1899.

The principal purpose of the order was to except from competitive
examination certain places involving fiduciary responsibilities or
duties of a strictly confidential, scientific, or executive character
which it was thought might better be filled either by noncompetitive
examination, or in the discretion of the appointing officer, than by
open competition. These places were comparatively few in number. The
order provides for the filling of a much larger number of places, mainly
in the outside service of the War Department, by what is known as the
registration system, under regulations to be approved by the President,
similar to those which have produced such admirable results in the
navy-yard service.

All of the amendments had for their main object a more efficient and
satisfactory administration of the system of appointments established
by the civil-service law. The results attained show that under their
operation the public service has improved and that the civil-service
system is relieved of many objectionable features which heretofore
subjected it to just criticism and the administrative officers to the
charge of unbusinesslike methods in the conduct of public affairs. It
is believed that the merit system has been greatly strengthened and its
permanence assured. It will be my constant aim in the administration of
government in our new possessions to make fitness, character, and merit
essential to appointment to office, and to give to the capable and
deserving inhabitants preference in appointments.

The 14th of December will be the One Hundredth Anniversary of the death
of Washington. For a hundred years the Republic has had the priceless
advantage of the lofty standard of character and conduct which he
bequeathed to the American people. It is an inheritance which time,
instead of wasting, continually increases and enriches. We may justly
hope that in the years to come the benignant influence of the Father of
his Country may be even more potent for good than in the century which
is drawing to a close. I have been glad to learn that in many parts of
the country the people will fittingly observe this historic anniversary.

Presented to this Congress are great opportunities. With them come great
responsibilities. The power confided to us increases the weight of our
obligations to the people, and we must be profoundly sensible of them
as we contemplate the new and grave problems which confront us. Aiming
only at the public good, we cannot err. A right interpretation of the
people's will and of duty cannot fail to insure wise measures for the
welfare of the islands which have come under the authority of the United
States, and inure to the common interest and lasting honor of our
country. Never has this Nation had more abundant cause than during the
past year for thankfulness to God for manifold blessings and mercies,
for which we make reverent acknowledgment.

WILLIAM McKINLEY.

EXECUTIVE MANSION, _Washington, December 11, 1899_.

_To the Senate and House of Representatives_:

I transmit herewith, for the consideration of the Congress, a
communication from the secretary of the Chamber of Commerce of the State
of New York, inclosing resolutions unanimously adopted by that chamber
on June 1, 1899, requesting legislation authorizing the appointment of
commercial _attaches_ to the principal embassies and legations of
the United States.

WILLIAM McKINLEY.

EXECUTIVE MANSION, _January 4, 1900_.

_To the Senate of the United States_:

In compliance with a resolution of the Senate of December 20, 1899, I
transmit herewith a copy of the report of the commission appointed by
the President to investigate the conduct of the War Department in the
war with Spain, together with a copy of all the testimony taken by said
commission.

WILLIAM McKINLEY.

EXECUTIVE MANSION, _Washington, February 1, 1900_.

_To the Senate of the United States_:

In compliance with the resolution of the Senate of January 24, 1900, I
transmit herewith a copy of the report and all accompanying papers of
Brig-Gen. John C. Bates, in relation to the negotiations of a treaty or
agreement made by him with the Sultan of Sulu on the 20th day of August,
1899.

I reply to the request and said resolution for further information that
the payments of money provided for by the agreement will be made from
the revenues of the Philippine Islands, unless Congress shall otherwise
direct.

Such payments are not for specific services but are a part consideration
due to the Sulu tribe or nation under the agreement, and they have been
stipulated for subject to the action of Congress in conformity with the
practice of this Government from the earliest times in its agreements
with the various Indian nations occupying and governing portions of the
territory subject to the sovereignty of the United States.

WILLIAM McKINLEY.

EXECUTIVE MANSION, _February 2, 1900_.

_To the Senate and House of Representatives_:

I transmit herewith, for the information of the Congress, a report of a
commission appointed by me on January 20, 1899, to investigate affairs
in the Philippine Islands.

WILLIAM McKINLEY.

EXECUTIVE MANSION, _February 21, 1900_.

_To the House of Representatives_:

I transmit herewith a report from the Secretary of State, in response to
the resolution of the House of Representatives of February 19, 1900,
calling upon him to inform the House of Representatives--

1. If "Charles E. Macrum, as consul of the American Government, informed
the State Department that his official mail had been opened and read by
the British censor at Durban, and if so, what steps, if any, have been
taken in relation thereto; and

2. "What truth there is in the charge that a secret alliance exists
between the Republic of the United States and the Empire of Great
Britain."

WILLIAM McKINLEY.

EXECUTIVE MANSION, _March 5, 1900_.

_To the Senate_:

In response to the following resolution of the Senate of January 17,
1900, requesting the President--

If in his judgment not incompatible with the public interest, to
communicate to the Senate all communications which have been received by
him or by any Department or officer, civil or military, from Aguinaldo
or any other person undertaking to represent the people in arms against
the United States in the Philippine Islands, or any alleged government
or public authority of said people, and all replies to such
communications;

Also, the proclamation sent by him to be issued to the people of the
Philippine Islands, as actually directed by him to be issued, and the
same as actually proclaimed by General Otis, if in any respect it was
altered or any part of it was omitted;

Also, to inform the Senate whether any approval or disapproval was
expressed by his authority, or that of the War Department, of such
change, if any;

Also, all constitutions, forms of government, or proclamations issued
by Aguinaldo, or any congress or legislative assembly or body claiming
to be such, or convention of the people of the Philippine Islands, or
any part thereof, or claiming to represent them or any part thereof,
of which information may have come to him or to any Department of the
Government;

Also, all instructions given by him to the commissioners of the
Philippine Islands, or either of them;

Also, any information which may have come to him, or any Department of
the Government, since January 1, 1898, in regard to any plans of the
people in arms against the United States for the pillage of Manila, for
risings in the city, or for the destruction of foreign property and the
massacre of foreign residents;

Also, any information that may have come to him, or any Department
of the Government, of the treatment of the other inhabitants of the
Philippines by those in arms against the authority of the United States,
and of the attitude and feeling of such other inhabitants or tribes
toward the so-called government of Aguinaldo and his armed followers;

Also, any information that may have come to him, or any Department of
the Government, of the treatment of prisoners, either Spanish or
American, by the people in arms against the authority of the United
States;

Also, any information that may have come to him, or any Department of
the Government, as to any aid or encouragement received by Aguinaldo and
his followers from persons in the United States; as to what pamphlets,
speeches, or other documents emanating from the United States and
adverse to its authority and to its policy were circulated in whole or
in part among the Filipinos in arms against the United States, among the
other inhabitants of the islands, or among the soldiers of the United
States, and any information as to the effect, if any, of such pamphlets,
speeches, and other documents, or of similar utterances in the United
States upon the course of the rebellion against the United States;

Also, any further or other information which would tend to throw light
upon the conduct and events of the insurrection against the authority
of the United States in the Philippine Islands, and of the military
movements for its suppression since January 1, 1898.

And that the President be further requested to communicate, without
delay, so much of such information as is now in his possession or in
that of any Department at Washington, without waiting to obtain so much
of said information as may require considerable delay or communication
with the Philippine Islands, and to communicate the remainder of the
information as soon thereafter as it can be obtained,

I transmit herewith the following papers:

First. Copies of all communications which have been received by me, or
by any Department or officer, civil or military, from Aguinaldo, or any
other person undertaking to represent the people in arms against the
United States in the Philippine Islands, or any alleged government or
public authority of said people, and copies of all replies to such
communications, so far as such communications and replies have been
reported to me or to any Executive Department. Said copies of documents
are appended hereto marked "I."

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