LITMIR.BIZ

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in full possession of Spanish forces, was surrendered to the first-named belligerent power. The articles of agreement and capitulation gave the United States Government full occupancy of the city and defences of Manila, and that Government obligated itself to insure the safety of the lives and property of the inhabitants of the city to the best of its ability. By all the laws of war and all international precedents the United States authority over Manila and its defences is full and supreme, and it cannot escape the obligations which it has assumed.

      “But conceding, as you do, the strictly legal right of my Government to hold and administer the affairs of the city of Manila and its suburbs (I thus conclude from expressions contained in former correspondence and from my appreciation of your intellectual attainments), you base your proposition—a joint occupation—upon supposed equitable grounds, referring to the sacrifices your troops have made and the assistance they have rendered the American forces in the capture of Manila. It is well known they have made personal sacrifices, endured great hardships, and have rendered aid. But is it forgotten that my Government has swept the Spanish navy from the seas of both hemispheres; sent back to Spain the Spanish army and navy forces, recently embarked for your destruction, and the secure holding of the Philippine possessions; that since May 1 last its navy has held the city of Manila at its mercy, but out of consideration of humanity refused to bombard it, preferring to send troops to demand surrender, and thereby preserve the lives and property of the inhabitants? Is it forgotten that the destruction of the Spanish navy and the retention of Spanish armed men in its European possessions has opened up to you the ports of the Island of Luzon and held Spain helpless to meet its refractory subjects?

      “Apart from all legal and equitable considerations, and those having their origin in personally conceived ideas of justice, I wish respectfully to call your attention to the impracticability of maintaining a joint occupation of Manila and its suburbs, and in this I know that I shall have the approval of your excellent judgment. It would be extremely difficult to prevent friction between our respective forces, which might result in unfortunate consequences, labor as we may for continued harmonious relations. Located in close proximity, irresponsible members of our organizations, by careless or impertinent action, might be the means of inciting grave disturbances; and in this connection I call to your attention the recent shooting affair at Cavite, which still requires investigation. There might also arise conflict of authority between our subordinate officers. Even now, within precincts in entire actual possession of our troops, I find that permits are given to citizens, who are styled local presidents, to make arrests, to carry arms, etc., in violation of our instructions and authority, and that several cases of kidnapping have taken place. In pursuance of our obligations to maintain, in so far as we can, domestic tranquillity, our officers have arrested suspected parties, and they have asserted (with what element of truth I know not) that the insurgent forces are the offenders. I have declined to accept their statements, as I prefer to believe the contrary, although it would appear that officers connected with those forces have issued the permits to which I allude. Such interference with our administration of civil affairs must eventually result in conflict.

      “… And here permit me to remark upon a view of the subject you have advocated in support of the plea for dual occupation of the city’s suburbs. Your forces, you say in substance, should have a share in the booty resulting from the conquest of the city, on account of hardships endured and assistance rendered. The facts on which you base your conclusion granted, your conclusion, under the rules of war which are binding on my Government, does not follow, for it has never recognized the existence of spoils of war, denominated ‘booty,’ as have many European governments. No enemy’s property of any kind, public or private, can be seized, claimed by, or awarded to, any of its officers or men, and should they attempt to appropriate any of it for their individual benefit, they would be very severely punished through military tribunals, on which have been conferred by law very sweeping jurisdiction. The enemy’s money and property (all that is not necessary to be expended in administering local affairs in the enemy’s territory) must be preserved for final arbitrament or settlement by and between the supreme authorities of the nations concerned. My troops cannot acquire booty nor any individual benefit by reason of the capture of an enemy’s territory. I make this comment, believing that you hold erroneous opinions in respect to individual advantages which occupation bestows.

      “I request your indulgence while I briefly consider the concessions you ask us to make as conditions precedent to the retirement of your forces to the lines indicated by your note of the 27th ultimo.

      “The first is: Protection to your shipping and free navigation to your vessels. Neither the extent of protection nor the limit of free navigation you request is understood. Certainly you could not mean protection on the high seas, or in the ports not in the rightful possession of the United States. That, as you are fully aware, could only be effected by treaty, or guarantee, following international recognition of the belligerent rights of the Philippine revolutionary government. While the existing armistice continues, the United States are in rightful possession, in so far as the navigable waters of the Philippine Islands are concerned, only of the bay of Manila and its navigable tributaries. Within the same all vessels of trade and commerce and the war vessels of recognized national powers sail freely as long as the sovereignty of my Government is not assailed nor the peace of the locality threatened. In this respect, whatever concessions are extended by way of relaxation of trade restrictions, incident to war, to the citizens of these islands will be extended to all alike, and discrimination in this regard is neither intended nor permitted. Admiral Dewey exercises supervision over all naval matters, and they are in no way related to the duties conferred upon me by law. Nor would it avail should I seek his consent for greater latitude of action, for even if disposed to grant special concessions he could not do so, and I doubt if the supreme authority of my Government could now, under the prevailing truce with Spain, invest him with the requisite powers to do so and at the same time preserve its international obligations.

      “The second concession named by you is restitution of positions in the city of Manila to your forces, in case the treaty of peace remands to Spain the territory surrendered under the late capitulatory articles; and the third and last is a promise to retire our troops within the lines indicated by you, as the lines on which you desire your troops to remain permanently. These propositions, having a kindred nature, may be considered together, and, indeed, have already been impliedly answered. From previous statements of facts and logical conclusions made and stated in this communication, concerning the nature of the obligations resting on the United States with regard to the territory to which they have the legal right of possession under contracting articles with Spain, it is evident that neither in law or morals can the concessions be made. I would be powerless to grant them in any aspect of the case, being nothing more than an agent to carry out the instructions of the executive head of my Government and not being vested with discretionary power to determine matters of such moment. In the present instance I am not only powerless to accede to your request, but have been strictly enjoined by my Government, mindful of its international promises and national honour, which it has never broken nor sacrificed, not to accede joint occupation of the city and suburbs of Manila and am directed specially to preserve the peace and protect persons and property within the territory surrendered under the terms of the Spanish capitulation. These mandates must be obeyed.

      “Thus have I endeavoured with all candor and sincerity, holding nothing in reserve, to place before you the situation as understood by me, and I doubt not by the Republic which I represent. I have not been instructed as to what policy the United States intends to pursue in regard to its legitimate holdings here, and hence I am unable to give you any information on the subject. That it will have a care and labor conscientiously for the welfare of your people I sincerely believe. It remains for you, beneficiaries of its sacrifices, to adopt a course of action which will manifest your good intentions and show to the world the principles which actuate your proceedings.

      “It only remains for me to respectfully notify you that I am compelled by my instructions to direct that your armed forces evacuate the entire city of Manila, including its suburbs and defences, and that I shall be obliged to take action with that end in view within a very short space of time should you decline to comply with my Government’s demands; and I hereby serve notice on you that unless your troops are withdrawn beyond the line of the city’s defences before Thursday, the 15th instant,

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