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walls of the city, the native population very largely quit the city for the provinces and the insurgent army, the Spaniards sought safety in the walled city, the American forces doubled its guards, and the men were kept in quarters and under

arms.

MILITARY GOVERNMENT IN THE PHILIPPINES.

The following is the series of orders organizing the administration of civil affairs in the Philippines, under military authority.

GENERAL ORDERS,

I.

No. 4.

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HEADQUARTERS DEPARTMENT OF THE PACIFIC
AND EIGHTH ARMY CORPS.

MANILA, P. I., August 15, 1898.

In addition to his duties as Division Commander, Brigadier-General T. M. Anderson, U. S. V., is hereby assigned to the command of the district of Cavite, and will remove his headquarters to that point. The garrison of the district of Cavite will be augmented upon the arrival of the next transports containing troops for this command.

II. In addition to his duties as Brigade-Commander, Brigadier-General Arthur MacArthur, U. S. V., is hereby appointed Military Commandant of the walled city of Manila, and Provost Marshal-General of the city of Manila, including all the outlying districts within the municipal jurisdiction. Gen. MacArthur will remove his headquarters within the walled city, and will bring with him one strong regiment of his command to take station within the walled town. The commanding officer of the 2d Oregon Volunteer Inf., now stationed in the walled city, will report to Gen. MacArthur, and the companies of the 2d Oregon Volunteer Inf., now at Cavite, will, upon being relieved by other troops, be sent to Manila to join the regiment. Gen. MacArthur will relieve the Civil Governor of his functions, and take possession of the offices, clerks, and all machinery of administration of that office, retaining and employing the present subordinate officers of civil administration until, in his judgment, it is desirable to replace them by other appointments.

III. Col. James S. Smith, 1st California Volunteer Inf., in addition to his duties as Regimental Commander, is appointed Deputy Provost Marshal for the district of the city north of the Pasig River, and will report to Gen. MacArthur. Col. S. Ovenshine, 23d U. S. Inf., is appointed Deputy Provost Marshal for the districts of the city, including Ermita and Malate, outside of the walled town and south of the Pasig River, and will report to Gen. MacArthur.

IV. Under paragraphs 3 and 4 of the terms of capitulation, full lists of public property and stores, and returns, in duplicate, of the men by organizations, are to be rendered to the United States within ten days, and public horses and public property of all kinds, are to be turned over to the staff officers of the United States designated to receive them. Under these paragraphs, the chief of artillery at these headquarters and the chiefs of the staff departments, will take possession of the public property turned over, as above, pertaining to their respective departments.

The returns of the prisoners will be submitted to the Military Commandant of the city, who will assign the men for quarters in such public buildings and barracks as are not required for the use of the United States troops. The horses and private property of the officers of the Spanish forces are not to be disturbed. The Chief Paymaster at these headquarters will turn over such portion of the Spanish public funds received by him, by virtue of this order, to the Military Commandant above designated, as may be necessary for the administration of his office.

V. All removals and appointments of subordinate officers of civil administration, and transfer of funds authorized by this order, must receive the approval of the commanding general before action is taken.

VI. The Chief Quartermaster and Chief Commissary of Subsistence at these headquarters will establish depots of supply in Manila, with as little delay as possible. Quartermaster and subsistence depots will also be retained at Cavite. By command of Major-General Merritt.

J. B. BABCOCK, Adjutant-General.

GENERAL ORDERS,
No 8.

HEADQUARTERS DEPARTMENT OF THE PACIFIC
AND EIGHTH ARMY CORPS.

MANILA, P. I., August 22, 1898.

I. For the maintenance of law and order in those portions of the Philippines occupied or controlled by the army of the United States and to provide means to promptly punish infractions of the same, Military Commissions and Provost Courts, composed and constituted in accordance with the laws of war, will be appointed from time to time, as occasion may require. II. The local courts, continued in force for certain purposes in proclamation from these headquarters, dated August 14, 1898, shall not exercise jurisdiction over any crime or offense committed by any person belonging to the army of the United States, or any retainer of the army, or person serving with it, or any person furnishing or transporting supplies for the army, nor over any crime or offense committed on either of the same by any inhabitant or temporary resident of said territory. In such cases, except when courts martial have jurisdiction, jurisdiction to try and punish is vested in Military Commissioners and the Provost Courts, as hereinafter set forth.

III. The crimes and offenses triable by Military Commission are murder, manslaughter, assault and battery with intent to kill, robbery, rape, assault and battery with intent to commit rape, and such other crimes, offenses or violations of the laws of war as may be referred to for trial by the commanding general. The punishment awarded by Military Commission shall conform, as far as possible, to the laws of the United States, or of either of the States, or the custom of war. Its sentence is subject to the approval of the commanding general.

IV. The Provost Court has jurisdiction to try all other crimes and offenses referred to in Section II of this order, not exclusively triable by court martial or military commission, including violations of orders of the laws of war, and such cases as may be referred to it by the commanding general. It shall have power to punish with confinement, with or without hard labor, for not more than six (6) months, or with fine not exceeding two hundred and fifty dollars ($250), or both. Its sentence does not require the approval of the commanding general, but may be mitigated or remitted by him.

V. The Judge of the Provost Court will be appointed by the commanding general. When, in the opinion of the Provost Court, its power of punishment is inadequate, it shall certify the case to the commanding general for his consideration and action.

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I. Until such times as by orders from these headquarters it shall be declared that the local courts are re-organized, under proclamation from Headquarters Department of the Pacific and Eighth Army Corps, dated August 14, 1898, and have resumed their criminal jurisdiction, all crimes and offenses committed by inhabitants or temporary residents and not triable by court martial, are triable by Military Commissions and Provost Courts. The graver of these offenses, such as are usually punishable under the laws of the United States or either of the States, or under the laws of war, by death or long terms of imprisonment, will be referred for trial to Military Commissions, and charges in all such cases will be sent to the Judge Advocate at these headquarters for such reference. To the Provost Courts the Provost Marshal-General is authorized to refer for trial all other crimes and offenses of the class referred to above which may, in his opinion, be adequately punished within the punishing power of such courts, as hereinafter established.

II. So much of paragraph IV. G. O. 8, c. s., Headquarters Department of the Pacific and Eighth Army Corps as limits the punishing power of the Provost Court for the city of Manila to confinement, with or without hard labor, for not more than six months, or to a fine not exceeding two hundred and fifty dollars ($250) or both, is revoked, and the punishing power of said court is fixed at confinement, with or without hard labor, for a period of one year, or fine not exceeding one thousand dollars ($1000), or both.

III.

An Inferior Provost Court with jurisdiction to punish by confinement, with or without hard labor, for a period of two (2) months, or by fine not exceeding fifty dollars ($50), or both, is hereby established.

IV. Capt. Thomas R. Hamer, 1st Idaho Volunteers, is hereby appointed Judge of the Inferior Provost Court. He will hold the sessions of his court at such times and places as may be directed by the Provost Marshal-General. The procedure of this court will conform to that of the Provost Court for the city of Manila, and a record of all cases tried, assimilated to that of the Summary Court, will be kept.

V. Upon the last day of each month transcripts of all cases tried by the Provost Courts during the month will be rendered by the Judges thereof, through the Provost Marshal-General, to these headquarters, setting forth the offenses committed and the penalties awarded. By command of Major-General Merritt.

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THOMAS H. BARRY,

Assistant Adjutant-General.

OFFICE OF THE U. S. MILITARY GOVERNOR IN
THE PHILIPPINE ISLANDS.

MANILA, P. I., October 7, 1898.

I. Until otherwise directed from these headquarters the civil courts, as composed and constituted by the laws of Spain, which were held and administered prior to August 13, 1898, within Philippine territory now subject to United States military occupation and control, are permitted to resume at once the exercise of the civil jurisdiction conferred by Spanish laws within the limits of that territory, subject, however, to such supervision by the military government of the United States, here instituted, as in its judgment the interests of that government may demand. This privilege does not extend to or embrace permission to institute criminal proceedings or to exercise criminal jurisdiction of any nature or character whatsoever.

II. The provisions of orders heretofore issued by the authority of the United States in the Philippine Islands inconsistent with the foregoing instructions and directions are hereby revoked.

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I. The Courts of First Instance of the province of Manila, and the Courts of the Peace, heretofore held in the city of Manila, P. I., are hereby re-established and will exercise the jurisdiction, civil and criminal, possessed by them prior to August 13, 1898, in so far as compatible with the supremacy of the United States in the Philippine Islands and the exercise of military government therein, and will administer the laws recognized as continuing in force by proclamation from these headquarters dated August 14, 1898, except in so far as these laws have been, or hereafter may be, modified by the authority of the United States.

II. The division of the province of Manila into the four judicial districts of Binondo, Tondo, Quiapo and Intramuros, as such districts existed prior to August 13, 1898, is continued. The territorial jurisdiction of the Justice of the Peace in each of these districts shall be coextensive with that of the Court of First Instance therein. By command of Major-General Otis.

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THOMAS H. BARRY,

Assistant Adjutant-General.

OFFICE OF THE U. S. MILITARY GOVERNOR
IN THE PHILIPPINE ISLANDS.

MANILA, P. I., June 17, 1899.

I. The Supreme Court of the Philippine Islands and the Courts of First Instance and of the Peace for the province of Manila, re-established in General Orders Nos. 20 and 21, c. s., this office, are announced as open and in the exercise of their jurisdiction, civil and criminal,

on and after Wednesday, June 21, 1899. The sessions of the Supreme Court will be held in the building known as the " Audiencia;" those of the Corrts of First Instance and of the Peace, in the building known as the "Casa de la Moneda," Intramuros.

II. The jurisdiction of the courts, specified in paragraph I of this order, and of other civil courts which may hereafter be re-established, shall not extend to and include crimes and offenses, committed by either citizens of or persons sojourning within the Philippine Islands, which are prejudicial to military administration and discipline, except by authority specially conferred by the Military Governor. Jurisdiction to try and award punishment in the class of cases designated remains vested in the provost courts, court martial or military commissions. By command of Major-General Otis.

THOMAS H. BARRY,

Assistant Adjutant-General.

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LIEUT. NAYLOR AND MEN OF BATTERY B, UTAH LIGHT ARTILLERY.

These guns did most effective work in the battle of February 5th, and throughout the northern campaign.

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