The History of Cuba, vol. 4

by Willis Fletcher Johnson

The first question discussed was the disposition of Cuba, and over it strong disagreement arose on two major points. The Spanish Commissioners declined to recognize the existence of any Cuban government, and argued that as there was no such government, and as Spain in relinquishing sovereignty over the island could not let that sovereignty lapse but must transfer it to some other responsible and competent power, the United States should accept cession of Cuba to it; which Spain was willing to grant. The American Commissioners replied that the United States was pledged not to annex the island, and as a matter of fact did not intend to do so and therefore could not and would not accept cession of the island to itself. Spain in the protocol had agreed to renounce her sovereignty without any stipulations further, and by that arrangement she must abide. The United States would, however, make itself responsible for the due observance of international law in Cuba so long as its occupation of the island lasted. The Spaniards were reluctant to yield, as a matter of pride and sentiment preferring to give Cuba to the United States rather than to surrender it to the insurgent Cubans. But the American Commissioners were resolute, and on October 27 the first article of the treaty was adopted; to wit:

"Spain relinquishes all claim of sovereignty over and title to Cuba.

"And as the island is, on its evacuation by Spain, to be occupied by the United States, the United States will, so long as such occupation shall last, assume and discharge the obligations that may under international law result from the fact of its occupation for the protection of life and property."[{120}]

This was clear and unmistakable notice to the world that the American government intended to fulfil its pledge, not to annex Cuba but to render that island to the control and government of its own people. True, not yet were all convinced that this would be done. The Spaniards were courteously skeptical. A considerable faction in the United States, half "Jingo" and half sordid, insisted that the island must be annexed. The majority of Cubans, inclined to judge all governments by their bitter experiences with that of Spain, were frankly incredulous, not understanding how any government could be thus altruistic and self-denying.

The second point of dispute was that of the Cuban debt. The Spanish government for years had been charging against Cuba the cost of maintaining an army for its subjugation and the costs of suppressing the various insurrections that had occurred, and the Commissioners proposed that all that enormous debt should be saddled upon the island and made a first charge upon its customs revenues. To this the American Commissioners demurred. Cuba had for centuries been "the milch cow of Spain," and had given to Spain far more than she had ever received in return. It would be monstrous injustice to burden a people with the cost of subjugating them and keeping them in slavery. In the end the Spanish Commissioners yielded, and no mention was made in the treaty of any debt resting upon Cuba.

It was further agreed that both parties should release and repatriate all prisoners of war, and that the United States would undertake to obtain such release of all Spanish prisoners held by the Cubans. Each party relinquished all claims for indemnity of any and every kind which had arisen since the beginning of the Cuban war. Spain relinquished in Cuba all immovable property belonging[{121}] to the public domain and to the crown of Spain; such relinquishment not impairing lawful property rights of municipalities, corporations or individuals. Spanish subjects were to be free to remain in Cuba or to remove therefrom, in either event retaining full property rights; and in the former case being free to become Cuban citizens or to retain their allegiance to Spain; and they were to be secured in the free exercise of their religion. There were various other stipulations, such as are customary in treaties, intended to assure Spain and Spaniards of equitable treatment and relationships in Cuba. It was added that the obligations of the United States in Cuba were to be limited to the period of its occupation of that island; but upon the termination of that occupation the United States promised to advise the succeeding Cuban government to assume the same obligations. The treaty was finally agreed to and signed on December 10, 1898, and it was ratified by the United States Senate on February 6, 1899.

General Ramon Blanco meanwhile, on November 26, 1898, resigned the Governor-Generalship of Cuba and returned to Spain. To General Jiminez Castellanos was left the unwelcome duty of holding nominal sway for a few weeks and then surrendering the sovereignty of four centuries to an alien power. Already American troops were in actual occupation and control of nearly all the island. In the latter part of December, 1898, the Seventh Army Corps, commanded by Major-General Fitzhugh Lee, was brought into the outskirts of Havana in readiness for the final function which was to be performed on the first day of the new year.

The end came. It was on January 1, 1899. Four hundred and six years, two months and three days before, the first Spaniard had landed upon Cuban soil and had[{122}] planted there the quartered flag of Leon and Castile in token of sovereignty. Now, after all that lapse of time, largely, it must be confessed, ill spent and ill-improved, the Spanish flag was finally to be lowered and withdrawn, in token of the passing away of Spanish sovereignty forever from the soil of Cuba.

The ceremonies were brief and simple; far more brief and simple, we may well believe, than were those with which the imaginative and exuberant Admiral proclaimed possession of the island centuries before. The official representatives of Spain and the United States met at noon in the Hall of State in the Governor's Palace, the scene of so many proud and imperious events in Spanish colonial history. On the one side the chief was General Jiminez Castellanos, the last successor of Velasquez. On the other, Major-General John R. Brooke. The one was the last of a long, long line of Spanish Governors-General;[{123}] the other was the first of a brief succession of American Military Governors who were soon to give way to an unending line of native Cuban Republican Presidents and Congresses. With a sad heart, with tear-suffused eyes, and with a hand that trembled to hold a pen far more than ever it had to wield a sword, General Jiminez Castellanos signed the document which abdicated and relinquished Spanish sovereignty in that Pearl of the Antilles which was nevermore to be known as the "Ever Faithful Isle." The crimson and gold barred banner of Spain descended. The Stars and Stripes rose in its place. The deed was done. The final settlement was made with Spain.