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."
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.