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From Wikipedia, the free encyclopedia

Organic Act of 1900
Great Seal of the United States
Other short titlesForaker Act
Long titleAn Act Temporarily to provide revenues and a civic government for Puerto Rico, and for other purposes
Enacted bythe 56th United States Congress
EffectiveApril 12, 1900
Citations
Public lawPub. L.Tooltip Public Law (United States) 56–191
Statutes at Large31 Stat. 77
Legislative history

The Foraker Act, Pub. L.Tooltip Public Law (United States) 56–191, 31 Stat. 77, enacted April 12, 1900, officially known as the Organic Act of 1900, is a United States federal law that established civilian (albeit limited popular) government on the island of Puerto Rico, which had recently become a possession of the United States as a result of the Spanish–American War. Section VII of the Foraker Act also established Puerto Rican citizenship and extended American nationality to Puerto Ricans.[1] President William McKinley signed the act on April 12, 1900[2] and it became known as the Foraker Act after its sponsor, Ohio Senator Joseph B. Foraker. Its main author has been identified as Secretary of War Elihu Root.[3]

The new government had a governor and an 11-member executive council appointed by the President of the United States, a House of Representatives with 35 elected members, a judicial system with a Supreme Court and a United States District Court, and a non-voting Resident Commissioner in Congress.[4][5]

The executive council was all appointed: five individuals were selected from Puerto Rico residents while the rest were from those in top cabinet positions, including attorney general and chief of police (also appointed by the president). The Insular Supreme Court was also appointed. In addition, all federal laws of the United States were to be in effect on the island. The first civil governor of the island under the Foraker Act was Charles H. Allen, inaugurated on May 1, 1900, in San Juan, Puerto Rico. This law was superseded in 1917 by the Jones–Shafroth Act.

YouTube Encyclopedic

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  • American Imperialism: Crash Course US History #28
  • Why 3.5 Million American Citizens Don't Get to Vote | The Insular Cases
  • Ley Foraker, el Carimbo Colonial de Puerto Rico

Transcription

Episode 28: American Imperialism Hi, I’m John Green, this is CrashCourse U.S. History and today we’re gonna talk about a subject near and dear to my white, male heart: imperialism. So, here at CrashCourse we occasionally try to point out that the U.S., much as we hate to admit it, is actually part of a larger world. Mr. Green, Mr. Green, you mean like Alaska? No, Me from the Past, for reasons that you will understand after your trip there before your senior year of college, I do not acknowledge the existence of Canada’s tail. No, I’m referring to all of the Green Parts of Not-America and the period in the 19th century when we thought, “Maybe we could make all of those green parts like America, but, you know, without rights and stuff.” Intro So, the late 19th and early 20th centuries were a period of expansion and colonization in Asia and Africa, mostly by European powers. As you’ll know if you watched Crash Course World History, imperialism has a long, long history pretty much everywhere, so this round of empire building is sometimes called, rather confusingly, New Imperialism. Because the U.S. acquired territories beyond its continental boundaries in this period, it’s relatively easy to fit American history into this world history paradigm. But there’s also an argument that the United States has always been an empire. From very early on, the European settlers who became Americans were intent on pushing westward and conquering territory. The obvious victims of this expansion/imperialism were the Native Americans, but we can also include the Mexicans who lost their sovereignty after 1848. And if that doesn’t seem like an empire to you, allow me to draw your attention to the Russian Empire. Russians were taking control of territory in Central Asia and Siberia and either absorbing or displacing the native people who lived there, which was the exact same thing that we were doing. The empires of the late 19th and early 20th centuries were different because they were colonial in their own special way. Like, Europeans and Americans would rule other places but they wouldn’t settle them and more or less completely displace the native people there. (Well, except for you, Australia and New Zealand.) American historians used to try to excuse America’s acquisitions of a territorial empire as something of an embarrassing mistake, but that’s misleading because one of the primary causes of the phenomenon of American imperialism was economics. We needed places to sell our amazing new products. And at the time, China actually had all of the customers because apparently it was opposite day. It’s also not an accident that the U.S. began pursuing imperialism in earnest during the 1890s, as this was, in many ways, a decade of crisis in America. The influx of immigrants and the crowded cities added to anxiety and concern over America’s future. And then, to cap it all off, in 1893 a panic caused by the failure of a British bank led the U.S. into a horrible economic depression, a great depression, but not The Great Depression. It did however feature 15,000 business failures and 17% unemployment, so take that, 2008. According to American diplomatic historian George Herring, imperialism was just what the doctor ordered to help America get out of its Depression depression. Other historians, notably Kristin Hoganson, imply that America embarked on imperial adventures partly so that American men could prove to themselves how manly they were. You know, by joining the Navy and setting sail for distant waters. In 1890, Captain Alfred Thayer Mahan published “The Influence of Seapower upon History” and argued that, to be a great power like Great Britain, the U.S. needed to control the seas and dominate international commerce. Tied into this push to become a maritime power was the obsession with building a canal through Central America and eventually the U.S. decided that it should be built in Panama because you know how else are we gonna get malaria. In order to protect this canal we would need a man, a plan, a canal. Panama. Sorry, I just wanted to get the palindrome in there somewhere. No we would actually need much more than a man and a plan. We would need ships and in order to have a functioning two-ocean navy, we would need colonies. Why? Because the steamships at the time were powered by coal and in order to re-fuel they needed coal depots. I mean, I suppose we could have, like, rented harbor space, but why rent when you can conquer? Also, nationalism and the accompanying pride in one’s “country” was a worldwide phenomenon to which the U.S. was not immune. I mean, it’s no accident that the 1890s saw Americans begin to recite the pledge of allegiance and celebrate Flag Day, and what better way to instill national pride than by flying the stars and stripes over … Guam. So pre-Civil War attempts to expand beyond what we now know as the continental United States included our efforts to annex Canada, which were sadly unsuccessful, and also filibustering, which before it meant a senator talking until he or she had to stop to pee was a thing where we tried to take over Central America to spread slavery. But, the idea of taking Cuba persisted into the late 19th century because it is close and also beautiful. The Grant administration wanted to annex it and the Dominican Republic, but Congress demurred. But we did succeed in purchasing Canada’s tail. You can see how I feel about that. To be fair, discovery of gold in the Yukon made Seward’s icebox seem like less of a Seward’s folly and it did provide coaling stations in the Pacific. But we could have had rum and Caribbean beaches. Ugh, Stan, all this talk about how much I hate Alaska has me overheated, I gotta take off my shirt. Ughhh. Waste of my life. So hard to take off a shirt dramatically. I’m angry. Anyway, coal stations in the Pacific were important because in 1854 we “opened” Japan to American trade by sending a flotilla of threatening black ships under Matthew Perry. No Stan, not that Matthew Perry. You know better. By far, America’s best piece of imperial business before 1898 was Hawaii. Like, I like oil and gold as much as the next guy but Hawaii has pineapples and also had sugar, which was grown on American owned plantations by Chinese, Japanese, Filipino, and native workers. Treaties between the U.S. and the Hawaiian governments exempted this sugar from tariffs, and America also had established a naval base at Pearl Harbor, which seemed like a really good idea...then. We eventually annexed Hawaii in 1898 and this meant that it could eventually become a state, which it did in 1959, two years before Barack Obama was born in Kenya. And this leads us nicely to the high tide of American imperialism, the Spanish-American-Cuban-Fillipino War. The war started out because native Cubans were revolting against Spain, which was holding on to Cuba for dear life as the remnant of a once-great empire. The Cubans’ fight for independence was brutal. 95,000 Cubans died from disease and malnutrition after Spanish general Valeriano Weyler herded Cubans into concentration camps. For this Weyler was called “Butcher” in the American yellow press, which sold a lot of newspapers on the backs of stories about his atrocities. And at last we come to President William McKinley who responded cautiously, with a demand that Spain get out of Cuba or face war. Now Spain knew that it couldn’t win a war with the U.S. but, as George Herring put it, they “preferred the honor of war to the ignominy of surrender.” Let that be a lesson to you. Always choose ignominy. Oh, it’s time for the Mystery Document? The rules here are simple. I guess the author of the Mystery Document. I’m either right or I get shocked. Alright, let’s see what we’ve got today. With such a conflict waged for years in an island so near us and with which our people have such trade and business relations; when the lives and liberty of our citizens are in constant danger and their property destroyed and themselves ruined; where our trading vessels are liable to seizure and are seized at our very door by warships of a foreign nation, the expeditions of filibustering that we are powerless to prevent altogether -- all these and others that I need not mention, with the resulting strained relations, are a constant menace to our peace, and compel us to keep on a semiwar footing with a nation with which we are at peace. Thank you, Stan. This is obviously President William McKinley’s war message to Congress. You can tell it’s a war message because it includes the word “peace” more than the word “war.” By the way, it’s commonly thought that the President McKinley asked Congress for a declaration of war, he didn’t; he let Congress take the lead. That’s the only time that’s ever happened in all of American history, which would be more impressive if we had declared war more than 5 times. So, the document shows us that, at least according to McKinley, we officially went to war for American peace of mind and to end economic uncertainty. It was not to gain territory, at least not in Cuba. How do we know? Because Congress also passed the Teller Amendment, which forswore any U.S. annexation of Cuba, perhaps because representatives of the U.S. sugar industry like Colorado’s Senator Henry Teller feared competition from sugar produced in an American Cuba. Or maybe not. But probably so. Also not the cause of the war was the sinking of the USS Maine. The battleship which had been in Havana’s harbor to protect American interests sank after an explosion on February 15, 1898 killing 266 sailors. Now, most historians chalk up the sinking to an internal explosion and not to Spanish sabotage, but that didn’t stop Americans from blaming the Spanish with their memorable meme: “Remember the Maine, to hell with Spain.” Let’s go to the Thoughtbubble. The actual war was one of the most successful in U.S. history, especially if you measure success by brevity and relative paucity of deaths. Secretary of State John Hay called it a “splendid little war” and in many ways it was. Fighting lasted about 4 months and fewer than 400 Americans were killed in combat, although 5,000 died of, wait for it, disease. Stupid disease, always ruining everything. There weren’t a ton of battles but those that happened got an inordinate amount of press coverage, like the July attack on San Juan Hill at the Cuban city of Santiago, led by future president Theodore Roosevelt. While it was a successful battle, the real significance is that it furthered Roosevelt’s career. He returned a hero, promptly became Governor of New York and by 1900 was McKinley’s vice president. Which was a good job to have because McKinley would eventually be assassinated. A more important battle was that of Manila Bay in which commodore George Dewey destroyed a tiny Spanish fleet and took the Philippines. This battle took place in May of 1898, well before the attack on Cuba, which strongly suggests that a war that was supposedly about supporting Cuban independence was really about something else. And what was that something else? Oh right. A territorial empire. As a result of the war, the U.S. got a bunch of new territories, notably the Philippines, Puerto Rico and Guam. We also used the war as an opportunity to annex Hawaii to protect our ships that would be steaming toward the Philippines. We didn’t annex Cuba, but we didn’t let it become completely independent, either. The Platt Amendment in the Cuban Constitution authorized American military intervention whenever it saw fit and gave us a permanent lease for a naval base at Guantanamo Bay. Thanks Thoughtbubble. So, Cuba and Puerto Rico were gateways to Latin American markets. Puerto Rico was particularly useful as a naval station. Hawaii, Guam, and especially the Philippines opened up access to China. American presence in China was bolstered by our contribution of about 3,000 troops to the multinational force that helped put down the Boxer Rebellion in 1900. But in the Philippines, where Americans had initially been welcome, opinion soon changed after it became clear that Americans were there to stay and exercise control. Emiliano Aguinaldo, leader of the Filipino rebellion against Spain, quickly turned against the U.S. because his real goal was independence and it appeared the U.S. would not provide it. The resulting Philippine War lasted 4 years, from 1899-1903. And 4,200 Americans were killed as well as over 100,000 Filipinos. The Americans committed atrocities, including putting Filipinos in concentration camps, torturing prisoners, rape, and executing civilians. And much of this was racially motivated and news of these atrocities helped to spur anti-imperialist sentiment at home, with Mark Twain being one of the most outspoken critics. Now, there was some investment in modernization in the Philippines, in railroads, schools, and public health, but the interests of the local people were usually subordinated to those of the wealthy. So, American imperialism in short looked like most other imperialism. So Constitution nerds will remember that the U.S. Constitution has no provision for colonies, only territory that will eventually be incorporated as states. Congress attempted to deal with this issue by passing the Foraker Act in 1900. This law declared that Puerto Rico would be an insular territory; its inhabitants would be citizens of Puerto Rico, not the United States and there would be no path to statehood. But this wasn’t terribly constitutional. Congress did extend U.S. citizenship to Puerto Ricans in 1917. Now it’s a commonwealth with its own government that has no voice in U.S. Congress or presidential elections and no control over its own defense or environmental policy. The Philippines were treated similarly to Puerto Rico, in a series of cases between 1901 and 1904 collectively called the Insular Cases. But Hawaii was treated differently. Because it had a sizeable population of American settlers who happened to be white. Ergo, it became a traditional territory with a path to statehood because white people and also pineapples. Now let’s briefly talk about anti-imperialism. There were lots of people who objected to imperialism on racial grounds, arguing that it might lead to, like, diversity. But there were also non-racist anti-imperialists who argued that empire itself with its political domination of conquered people was incompatible with democracy, which, to be fair, it is. The Democratic Party, which had supported intervention in Cuba, in 1900 opposed the Philippine War in its platform. Some Progressives opposed imperialism too because they believed that America should focus on its domestic problems. Yet those who supported imperialism were just as forceful. Among the most vocal was Indiana Senator Albert Beveridge who argued that imperialism was benevolent and would bring “a new day of freedom.” But, make no mistake, underneath it all, imperialism was all about trade. According to Beveridge, America’s commerce “must be with Asia. The Pacific is our ocean … Where shall we turn for consumers of our surplus? Geography answers the question. China is our natural customer.” In the end, imperialism was really driven by economic necessity. In 1902, Brooks Adams predicted in his book The New Empire that the U.S. would soon “outweigh any single empire, if not all empires combined.” Within 20 years America would be the world’s leading economic power. We didn’t have the most overseas territory, but ultimately that didn’t matter. Now, the reasons for imperialism, above all the quest for markets for American goods, would persist long after imperialism became recognized as antithetical to freedom and democracy. And we would continue to struggle to reconcile our imperialistic urges with our ideals about democracy until...now. Thanks for watching. I’ll see you next week. Crash Course is produced and directed by Stan Muller. Our script supervisor is Meredith Danko. The associate producer is Danica Johnson. The show is written by my high school history teacher, Raoul Meyer, Rosianna Rojas, and myself. And our graphics team is Thought Café. Every week there’s a new caption for the libertage. You can suggest captions in comments where you can also ask questions about today’s video that will be answered by our team of historians. Thanks for watching Crash Course and as we say in my hometown, don’t forget to be awesome. This is the part where Stan gets nervous, like, is he gonna go this way or this way or this way? I’m going this way. Imperialism -

Synopsis

2 Required that the same tariffs, customs, and duties be levied collected and paid upon all articles imported into Puerto Rico from ports other than those of the United States which are required by law to be collected upon importation into the United States from foreign countries.

3 Implemented a temporary tariff on goods transferred between Puerto Rico and the United States. This tariff was set to expire either upon the implementation of local taxation by the Legislature of Puerto Rico sufficient to "meet the necessities of the government" or on the first day of March 1902.

4 Provided that the tariff collected under section 2 would be placed into a fund and held in trust for the benefit of the people of Puerto Rico until the Legislature was fully established. After the establishment of the new government, the funds would be transferred to the local treasury.

6 Established the capital of Puerto Rico as the city of San Juan and established that the seat of government would be maintained there.

7 Established that residents of Puerto Rico who were Spanish Citizens who decide to remain in Puerto Rico until the 11th day of April 1899 and their children would be considered citizens of Puerto Rico and be entitled to the protection of the United States. A provision was also made for residents who wanted to remain citizens of Spain.

11 Provided for the replacement of Spanish currency on the island with US Dollars. Also established that all debts previously payable in Puerto Rican currency would henceforth be payable with US Dollars.

13 Provided a mechanism to transfer all property held by the United States Government as ceded by Spain to the newly established government of Puerto Rico upon its establishment.

14 Established that the statutes of the United States would apply if applicable to the citizens of Puerto Rico with the exception of internal revenue laws.

15 Enabled the newly formed government to amend or repeal any law that was implemented in the course of the transition.

16 Established a judicial system similar to that of the United States and provided that all government officials take an oath to support both the constitution of the United States and the laws of Puerto Rico.

17 Established a chief executive with the title of governor who is appointed by the President of the United States with the advice and consent of the United States Senate for a term of four years.

18 Established an executive council for the Governor of Puerto Rico that is appointed by the President of the United States with the advice and consent of the United States Senate for a term of four years.

27 Established a bicameral legislative body with one house consisting of the executive council as established in 18 and the other consisting of 35 elected members serving a term of two years. The territory was to be split into seven districts.

28,29 Provided for the general election of members of the legislative body.

30 Established the requirements for office in the legislative body.

31 Defined the mechanisms by which bills become law. A bill can be proposed in either house but must be passed by a majority vote in both houses to become a law. A bill that is passed by both houses is presented to the Governor for his signature. Upon the signature of the governor, the bill becomes law. If the governor does not sign the bill or vetoes it, the legislature can override the veto with a 2/3rd majority vote. Requires that all bills passed by the legislative body be reported to the United States Congress and enables the United States Congress to annul them.

33 Provided for the transition of then existing court system unto the official court system. Provided for the nomination of the chief justice by the President of the United States with the advice and consent of the United States Senate.

34 Created the United States District of Puerto Rico and established a district judge to be appointed by the President of the United States with the advice and consent of the United States Senate for a term of four years.

38 Prevented export duties from being levied and collected. Provided that the legislative body may implement taxes for the general purposes of government, protecting the public credit, and reimbursing the United States government for funds expended out of the emergency fund of the War Department for relief of the industrial situation caused by the hurricane of August 8, 1899. Prevented the government of Puerto Rico and all of its municipalities from entering into debt in excess of seven percent of the aggregate tax value of its property.

39 Created the position of Resident Commissioner to the United States with a term of two years.

40 Created a three-member commission consisting of three citizens of Puerto Rico and appointed by the President of the United States with the advice and consent of the United States Senate. The commission was tasked to compile and revise the laws of Puerto Rico as well as the codes of procedure and systems of municipal government to provide for "a simple, harmonious, and economical government", establish justice and secure its prompt and efficient administration, inaugurate a general system of education and public instruction, provide buildings and funds therefore, equalize and simplify taxation and all the methods of raising revenue, and make all other provisions that may be necessary to secure and extend the benefits of a republican form of government to all the inhabitants of Puerto Rico. The final report of this committee was to be presented to the United States Congress within a year of the passing of the act.

See also

References

  1. ^ "Race Space and the Puerto Rican Citizenship". academic.udayton.edu. Archived from the original on September 27, 2011. Retrieved March 10, 2019.
  2. ^ The World Almanac & Book of Facts 1901, p93
  3. ^ Venator-Santiago, Charles R. "Territorial Status". El Instituto, Puerto Rico Citizenship Archives Project. University of Connecticut.
  4. ^ CONSEJO DE SALUD PLAYA DE PONCE v JOHNNY RULLAN, SECRETARY OF HEALTH OF THE COMMONWEALTH OF PUERTO RICO (PDF), The United States District Court for the District of Puerto Rico, archived from the original (PDF) on May 10, 2011, retrieved December 20, 2009
  5. ^ Maldonado, Yanelba Mota. "Ocupación Militar y la ley Foraker". Enciclopedia PR (in Spanish). Fundación Puertorriqueña de las Humanidades (FPH). Archived from the original on February 20, 2019. Retrieved February 19, 2019.

External links

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