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311 u B A for by the public treasury, and the hordes of maimed lishment of an orderly Government. By the same treaty beggars which hitherto had infested the streets of Cuban Spanish subjects were given twelve months in which to cities were properly dealt with. The relinquishment determine whether they were to retain or relinquish their of Spanish sovereignty was accomplished in an orderly allegiance to Spain. Until the end of that period it was manner and without disturbance on January 1, 1899. By impossible to know who might rightly participate in the previous arrangement the flag of Spain was lowered and work of reconstruction, and therefore the withdrawal of that of the United States temporarily hoisted. The the United States and the establishment of a Cuban Spanish officials withdrew from the island and the Government necessarily became a gradual process requiring American authorities took up the reins of government. A much toil and firmness. The War Department issued a tragic incident of the evacuation of Cuba, the last colony formal order in December 1898 making Cuba a military of Spain in America, was the solemn removal of the division, with Havana for headquarters. For the purposes supposed remains of Christopher Columbus, the discoverer of military administration the island was at first divided of America and founder of the first Spanish-American into military departments, each under -a commanding officer colony, from their tomb in the Cathedral at Havana, and carefully chosen from men with broad experiences in civil transportation to Spain. as well as military administration. The United States Another serious problem which confronted the American assumed entire control of Cuba January 1, 1899. Presiauthorities upon the acquirement of Cuba was the dis- dent M‘Kinley issued immediate proclamation defining bandment of the Cuban army. It was unfortunate that government and organization and establishing custom the tidings of peace in Cuba should have been followed rates. The supreme authority upon the island was vested by distrust between the Cubans and Americans, and a in a Commanding-General, whose functions were very mutual misunderstanding followed which for some time similar to those of the Captain-General under the Spanish proved awkward. This was brought about (see p. 309) regime. The first American Military Governor to be apby the refusal of the American commander at the battle pointed upon the retirement of Spanish sovereignty was of Santiago to permit the representatives of the Cuban Major-General John It. Brooke, who entered upon his army under General Calixto Garcia to participate in the duties January 1, 1899. The Military Governor preserved investment of that city. The Cubans were hurt and and restored the Spanish forms of administration so far insulted, feeling that there had merely been a change as they were compatible with good government. He of masters. General Garcia, wounded by the incident, established an advisory and administrative Cabinet comretired with his troops into the interior of Santiago pro- posed of Secretaries, in whom were vested the administravince. In October 1898 the Provisional Cuban (Insurgent) tion of civil government. The departments and Ministers Government, which had existed since 1895, called a meeting were known as those of state and government, finance, of delegates from all sections of the insurgent forces to justice and public instruction, agriculture, commerce, indecide upon a line of policy for the immediate future. dustries, and public works. The military commanders This Congress sat at Santa Cruz del Sur for some three there were instructed to restore local government as soon weeks. It was finally resolved to dissolve the Provisional as possible. In carrying out this order the communal or Government and nominate a Commission to represent the municipal organization of the Spanish system was retained armed forces which had fought against the Spaniards, in spirit as well as form, and the people were permitted as leaving the question of the constitution of a Government far as possible to manage their local affairs. There are to be determined at a later period, when the intentions of about two hundred municipalities in Cuba, and the alcaldes the United States Administration in the matter of Cuba temporarily appointed were selected with great care. were more clearly defined. This Commission, the President The chief problems confronting the newly installed of which was Calixto Garcia, went to Washington in American authority were those of relief, police, sanitaDecember 1898 and laid before the United States tion, and reform of the judiciary. The last was especially authorities a carefully prepared statement of the situation needed. The civil and criminal code which was in existof Cuba and the Cubans. The Commission arranged that ence prior to the relinquishment of Spanish sovereignty the Insurgent army be disbanded, with certificates of was retained in force, with such modifications and changes service to be presented to the future permanent Government as might from time to time be found necessary in the of Cuba for pay. General Garcia, at the head of the interest of good government. Commission, declared that the Cubans accepted gratefully By decree of January 1, 1900, the department of Justhe aid of the United States, and trusted implicitly in its tice and Public Instruction was divided. The judiciary promise that a free and independent Government should systems of the Spanish regime early received the attention sooner or later be established in Cuba. This general, who of the American Military Governor, and was so modified as for forty years had laboured and fought for the freedom to result in more speedy attainment for the ends of justice, of Cuba, died in Washington, December 1898, while upon although retaining the forms of procedure and organization this mission of peace. The American Government sent his which previously existed. Upon the withdrawal of Spain, remains to Cuba upon a man-of-war, and accorded them General Brooke organized a Supreme Court to hear cases full military honours. After the death of Garcia, the and appeals, which under Spanish rule were sent to Spain details of disbanding the Cuban army became temporarily for decision. This court, with its seat at Havana, was serious, and resulted in many conferences between the composed of a president, of a chief justice, six associate military authorities and the insurgent leaders in Cuba. justices, one fiscal or prosecuting attorney, two assistant Finally, through the aid of General Maximo Gomez, all fiscals, one secretary, two deputy clerks, and other subthe various elements came to agreement, rosters were made ordinate officials. Another court established was the of the insurgent armies, and each soldier was given a sum Municipal or Correctional Court of Havana, the powers of of money sufficient for his temporary needs, and the arms which had hitherto been exercised by the mayors, and turned over to the American authorities. In all $3,000,000 this system of police courts was afterwards applied to was distributed to 48,000 men and 6000 commissioned the whole island. A great obstacle to the administration officers. of justice was the absence of remedial writs in the Spanish By the Treaty of Peace signed December 17, 1898, law of procedure. It was proposed, however, to institute Cuba’s status became that of a foreign Power in the mili- the Habeas Corpus and other procedures for the protection tary occupation of the United States, pending the estab- of personal liberty as soon as expedient. RECENT HISTORY.]