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Charles Edward Magoon

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Charles Edward Magoon
OccupationsGovernor of the Panama Canal Zone, United States Minister to Panama, and Governor of Cuba.

Charles Edward Magoon (December 5 1861 – January 14 1920) was a prominent United States lawyer, judge, diplomat, and a Governor of both the Panama Canal Zone and Cuba while they were administrated by the US. During his time working with the United States Department of War, he was the lead counsel drafting the recommendations and reports which were used by Congress and the executive branch of the United States in governing the United States's new territories following the Spanish-American War. (These were codified as a published book in 1902, then considered the seminal work on the subject.) He was also the subject of several small scandals during his career.[1]

Biography

Early life

Magoon was born in Steele County, Minnesota though his family moved to Nebraska when he was still a child. In 1876, he enrolled in the "prep" program at the University of Nebraska at Lincoln and studied there for two years before enrolling officially in 1878. However, he left school in 1879 to study law independently with a prominent law firm in Lincoln, Nebraska. Eventually, he was made a partner in the firm.[2] During this period, he also became the judge advocate of the Nebraska National Guard and continued to use the title of Judge throughout the remainder of his career.[1]

War Department and the "Magoon Incident"

By 1899, Magoon was sought out to join the law offices of the Bureau of Insular Affairs in the United States Department of War under Secretary Russell A. Alger. Under Alger, Magoon prepared a report in May 1899 which would have made the official department legal policy that "the constitution follows the flag". This position would have stated that residents of Puerto Rico, for example, would be subject to all the rights and responsibilities of the United States Constitution at the moment the treaty granting US control was signed (the Treaty of Paris, December 10 1898). With the resignation of Secretary Alger, this incomplete report was not released to Congress.[3]

In August 1899, Elihu Root became the new Secretary of War and the unreleased report was completely scrapped. Instead, Magoon drafted a new report which came to precisely the opposite conclusion from the first: that the Constitution did not apply in new territories until the United States Congress specifically passed legislation to make it so in each new possession. It argued that precedent was set when Congress passed legislation to apply the Constitution to the Northwest Territory and the Louisiana Purchase. This revised report was dated February 12 1900 and released to Congress as a policy document expressing the Department's official stance on the issue.[4]

During this period, Congress was hotly debating a Puerto Rico Tariff Act which would have not been legal had the first definition been kept. This was a largely partisan issue at the time. The Republicans were in favor of this Act, but it was strongly denounced by Democrats. During the ensuing debate, the existence of the original report was discovered by the Democrats who requested that the War Department release the earlier report to them, so they could be compared "side by side". The request was refused, but a copy of the report was leaked, allowing Minority Leader James D. Richardson to read it aloud on the Senate floor prior to the vote. Despite this, the vote remained along party lines and the measure was passed. [5]

This small scandal, with Magoon at the center, was termed the "Magoon Incident" by the Chicago Tribune and resulted in harsh words against him from both parties. Fellow Republicans denounced him as being only a "subordinate clerk", with no opinion except the opinion of the department, and therefore the first report should hold no weight. [6] Democrats similarly were against the second version of the report. It is unclear which version, if any, actually represented Magoon's personal views rather than the views of the current Secretary of War.

Despite this incident, Magoon remained with the Department of War. In 1902, his work on the legal foundations of the new civil governments was released to the public as a book, Reports on The Law of Civil Government in Territory Subject to Military Occupation by the Military Forces of the United States, etc. It was reprinted several times and was considered the seminal text on the subject.[7]

Panama

In late 1903, Secretary Root announced that he was retiring as Secretary of War and there was speculation in the media that Magoon would retire simultaneously and join the outgoing Secretary in private practice.[8] Instead, he was appointed by President Roosevelt in June of 1904 to be the general counsel for the Isthmian Canal Commission, the group working toward what would eventually become the Panama Canal. In this role, he would be working under Chairman John G. Walker, but he himself would not be a Commissioner.[9] According to President Roosevelt, Magoon deserved the position because he had "won his spurs" working in the War Department and was well-respected.[2] Although working for the canal project, his office and residence remained in Washington, DC.

On March 29 1905, President Roosevelt unexpectedly called for the simultaneous resignations of all members of the Canal Commission (including Walker) and the Governor of the Panama Canal Zone, George Whitefield Davis.[10] According to then-Secretary (later President) William Howard Taft, this clean sweep was due to the "inherent clumsiness" of the Commission, especially as related to sanitary problems in the Zone, as well as the difficulty of reaching consensus between the current seven commissioners.[11] Several days later, replacement appointments were announced: Magoon was appointed both as Governor and as a member of the Commission, with railroad-entrepreneur Theodore P. Shonts made Chairman of the Commission.[12] The new Commission also had seven Commissioners (as required by the Act of Congress that created the body), but responsibilities were to be split such that only Magoon, Shonts, and the Chief Engineer had any real authority. The remaining four members of the commission were appointed only to fill the letter of the law. (Congress had already rejected a request by the President to formally make the Commission a three-member body, restructuring the organization was an end-run around that restriction by the President.)[11] To assume his new duties, Magoon relocated to the Canal Zone the following month.

Governor of Panama Canal Zone

Map of the Panama Canal Zone

During his tenure as Governor, Magoon's primary responsibilities within the Canal Zone were to improve sanitation and to deal with the all-too-common outbreaks of yellow fever and malaria. However, he refused to believe that the diseases were carried by mosquitos because, he reasoned, the native population would have been more affected. (At this time, the nature of human acquired immunity to diseases was not well-understood. The Chicago Tribune, in an article about conditions in the canal, referred to the notion that yellow fever was carried by mosquitos as "bugaboo".)[13]

While Governor, he also worked with translators in the War Department to publish an English edition of the complete Civil Code of Panama, which he codified as the law of the Canal Zone on May 9 1904. This was the first time that the complete civil code of a Spanish-speaking country not a US territory had been translated into English. It was significant also that he did not make changes to these laws when "importing" them into the legal system of the territory that he governed.[14]

On July 2 1905, President Roosevelt consolidated power in Panama further by appointing Magoon as Minister to Panama, to replace John Barrett. This put Magoon in the unique position of being both a Governor of a US territory and as a diplomat to the country that territory was an enclave of. During the tenure of Governor Davis, there had been friction between him and Minister Barrett. This double-appointment would ensure that the two roles could not work at cross-purposes. (Magoon would draw two salaries in the arrangement, an issue which would come up later to haunt him.) With influential posts in both Panama-proper and the Canal Zone, Magoon was an exceptionally powerful man on the Isthmus. [15]

Friction with Congress

During this whole period, the President grew into increased conflict with Congress on the handling of the Zone, including the unusual consolidation of power. In addition to not officially restructuring the Commission (a problem that was able to be worked around), Congress increasingly fought or raised questions about the appointments of replacement commissioners. In November of 1905, Panama was visited by Poultney Bigelow, a lecturer and writer for the American Geographic Society, who wrote a scathing report on progress in the Canal Zone which was well-publicized in the States. This report criticized the efficiency of the work being performed as well as the quality of its management. Magoon countered this negative press by stressing that she had visited the Zone for less than two days, one of which was Thanksgiving Day, and that work was naturally lax on the holiday.[16]

In February, Magoon was called to testify before the Senate Committee responsible for Canal administration, including on many of Bigelow's points. He was criticized now for the earlier adoption of Panama's penal system in the Zone, especially as it did not allow for trial by jury, even for American citizens arrested there. They also raised questions as to the quality of the judges in the territory and other issues. [17]

Following these hearings, though not necessarily related, Congress passed a Consular Reform Bill which included a provision that specifically would not allow a diplomat, such as Magoon, to hold a separate administrative position. [18] Rather than remove Magoon from one of his positions, he was first named to be Vice Governor-General of the Philippines, but this offer was rescinded before it could take effect and he was instead appointed as the Governor of Cuba.[19]

Cuba

Further information: Cuba-United States relations

In 1906, Cuba was in the midst of a constitutional crisis as a result of a disputed election and an attempt by elected President Tomás Estrada Palma attempting to stay in power after the conclusion of his term. This led to a revolt and the US military stepped in to reassert control over the country. (The US had previously governed from 1899 to 1902.) After a brief period of stabilization by Secretary Taft, Magoon was appointed as Governor under the Constitution of Cuba, effectively with absolute authority and backed by the military.[20]

On October 13 1906, Magoon officially became governor but declined to have an official ceremony. Instead, news of the appointment was announced to the public via Cuba's newspapers. In his written appointment address to the country, Magoon indicated that he would "perform the duties provided for by the ... constitution of Cuba for the preservation of Cuban independence". He was there, in short, to restore order and not to colonize.[21]

Wreckage of the USS Maine

During his time as Governor, Magoon was credited for building 200km of highways and defeating the remaining revolutionaries. [22] He also called for the reorganization of the Cuban military into a formal army, rather than a Mexican-style "rural guard".[23] More controversially, he called for the removal of the sunken USS Maine, the ship whose destruction led to the Spanish-American War, because it was interfering with traffic in Havana's harbor. Many in Cuba and the United States were concerned that evidence might be found to suggest that the ship was not actually sunk by a torpedo, as was the official report, if the ship were to be formally explored. (This would cast doubt on the justification for the war against Spain.) Though the removal of the ship would not happen while he was in office, it was later authorized by Congress in 1910.[24]

Despite making considerable advances in Cuba, Magoon was not popular amongst Cubans. He reaped a vast number of of lurid accusations at the hands of Cuban writers who described him as a "man of wax", who was "gross in character, rude in manners of a profound ambition and greedy for despoilment." The Cuban scholar Carlos Manuel Trelles later wrote that Magoon "profoundly corrupted the Cuban nation, and on account of his venality was looked upon with contempt." Other Cuban historians point to the fiscal wastfulness of Magoon's tenure, which "left a bad memory and a bad example to the country" returning Cuba to the corrupt practices of colonial times.[25]

On January 29 1909, the sovereign government of Cuba was restored and José Miguel Gómez became President. Despite the denouncements by the Cuban intelligentsia, no explicate evidence of corruption ever surfaced, though Magoon's parting gesture of issuing lucrative Cuban contracts to U.S. firms was a continued point of contention. [25] Several months later, Magoon received an official commendation from President Taft for his excellent service in Cuba.[26]

Following his service in Cuba, Magoon retired from public service and vacationed for a year in Europe before returning to the United States. Speculation at the time pointed to him taking up a position as Ambassador to China, or a special Commission on stability in Central America, or a Cabinet role. Ultimately, he did not take up any of those new responsibilities and formally entered retirement. In 1920, Magoon died in New York after complications from surgery.[1]

Works

  • 1902: Reports on The Law of Civil Government in Territory Subject to Military Occupation by the Military Forces of the United States, etc (also known as The Law of Civil Government under Military Occupation )
Preceded by Military Governor of Panama Canal Zone
1905–1906 		Succeeded by
Preceded by United States Minister to Panama
1905–1906 		Succeeded by
Preceded by Provisional Governor of Cuba
1906–1909 		Succeeded by
José Miguel Gómez
(President of Cuba)

References

  1. ^ a b c "C.E. Magoon Dies". New York Times. 1920-01-15. p. 11.
  2. ^ a b "Magoon Has Won His Spurs". Washington Post. 1904-08-21. p. 8.
  3. ^ "Problem of War Tax". Chicago Daily Tribune. 1900-04-02. p. 7.
  4. ^ "The Constitution and the Flag". Forum. 1900-05. pp. 257–263. {{cite news}}: Check date values in: |date= (help)
  5. ^ "Puerto Rico Brought Close". Los Angeles Times. 1900-04-12. pp. I1–I2.
  6. ^ "Porto Rican Bill Passed By House". Chicago Daily Tribune. 1900-04-12. pp. 1–2.
  7. ^ "Civil Government By the Military". Chicago Daily Tribune. 1902-07-14. pp. 1–2.
  8. ^ "Judge Magoon's Success". Washington Post. 1903-08-19. p. 6.
  9. ^ "Hon. Charles E. Magoon". Washington Post. 1904-06-28. p. 6.
  10. ^ "Requested to Resign". Washington Post. 1905-03-30. p. 4.
  11. ^ a b "The Rainbow on the Isthmus". Medical News. 1905-04-22. pp. 745–746.
  12. ^ "Shonts Canal Chief". Washington Post. 1905-04-02. p. 6.
  13. ^ Richard Weightman (1905-06-07). "Yellow Fever Bugaboo On Isthmus May Retard Progress on Canal". Chicago Daily Tribune. p. 6.
  14. ^ "Panama Code Translated". Washington Post. 1905-06-07. p. 4.
  15. ^ "Magoon to Panama". Los Angeles Times. 1905-07-03. p. I3.
  16. ^ "Magoon Here, Replies to Poultney Bigelow". New York Times. 1906-01-29. pp. 1–2.
  17. ^ "Hang Without a Hearing". Washington Post. 1906-02-10. p. 2.
  18. ^ "Magoon Is a Self-Made Man". Los Angeles Times. 1906-10-29. p. I16.
  19. ^ "Magoon Gets New Office". Washington Post. 1906-09-18. p. 7.
  20. ^ "The Situation in Cuba". The Independent. 1906-10-11. pp. 840–841.
  21. ^ "Magoon Takes Taft's Place". Los Angeles Times. 1906-10-14. p. V20.
  22. ^ "Magoon's Good Work". Washington Post. 1906-11-03. p. E4.
  23. ^ John Callan O'Laughlin (1908-05-05). "Cuba Will Have Army". Washington Post. p. 1.
  24. ^ "Magoon Says Raise Wreck of Maine". New York Times. 1909-01-25. p. 5.
  25. ^ a b Thomas, Hugh Cuba, The Pursuit of freedom. p283-287
  26. ^ "Taft Praises Magoon". Washington Post. 1909-06-06. p. 12.


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