Reciprocally, the United States will release all persons made prisoners of war by the Ameri an forces, and will undertake to obtain the release of ali Spanish prisoners in the hands of the insurgents in Cuba and the Philippines.

The government of the United States will, at its own cost, return to Spain and the government of Spain will, at its own cost, return to the United States, Cuba, Porto Rico, and the Philippines, according to the situation of their respective homes, prisoners released or caused to be released by them, respectively, under this article. (Other articles of the treaty provide for the protection of the inhabitants of the ceded territory in their civil rights.

THE PRESIDENT DECLARES THE UNITED STATES SOVEREIGN
IN THE PHILIPPINES.

A few days after the signing of the treaty of peace, Gen. Otis inade public the following instructions of the President:

Executive Mansion, Washington, D. C., December 21, 1898.

To the Secretary of War. Sir: The destruction of the Spanish fleet in the harbor of Manila by the United States naval squadron commanded by Rear-Admiral Dewey, followed by the reduction of the city and the surrender of the Spanish forces, practically effected the conquest of the Philippine Islands and the suspension of Spanish sovereignty therein.

With the signature of the treaty of peace between the United States and Spain by their respective plenipotentiaries at Paris on the 10th inst., and as the result of the victories of the

BLOCK-HOUSE NO. 2. LA LOMA CHURCH IN THE DISTANCE.

American arms, the future control, disposition and government of the Philippine Islands is ceded to the United States. In fulfillment of the rights of sovereignty thus acquired and the responsible obligations of government thus assumed, the actual occupation and administration of the entire group of the Philippine Islands becomes immediately necessary and the military government heretofore maintained by the United States in the city, harbor, and bay of Manila is to be extended with all possible despatch to the whole of the ceded territory.

In performing this duty the military commander of the United States is enjoined to make known to the inhabitants of the Philippine Islands that, in succeeding to the sovereignty of Spain, in severing the former political relations of the inhabitants and in establishing a new political power, the authority of the United States is to be exerted for the sovereignty of the persons and property of the people of the islands and for the confirmation of all their private rights and relations.

It will be the duty of the commander of the forces of occupation to announce and proclaim in the most public manner that we come not as invaders or conquerors, but as friends to protect the natives in their homes, in their employments and in their personal and religious rights. All persons who, either by active aid or honest submission, co-operate with the government of the United States to give effect to these benefits and purposes, will receive the reward of its support and protection. All others will be brought within the lawful rule we have assumed with firmness, if need be, but without severity so far as may be possible.

Within the absolute domain of military authority, which necessarily is and must remain supreme in the ceded territory until the legislation of the United States shall otherwise provide, the municipal laws of the territory in respect to private rights and property and the repression

of crime are to be considered as continuing in force and to be administered by the ordinary tribunals so far as possible. The operations of civil and municipal government are to be performed by such officers as may accept the supremacy of the United States by taking the oath of allegiance, or by officers chosen as far as may be practicable from the inhabitants of the islands. While the control of all the public property and the revenues of the State' passes with the cession, and while the use and management of all public means of transportation are necessarily reserved to the authority of the United States, private property, whether belonging to individuals or corporations, is to be respected except for cause fully established. The taxes and duties heretofore payable by the inhabitants to the late government become payable to the authorities of the United States unless it be seen fit to substitute for them other reasonable rates or modes of contribution to the expenses of the government, whether general or local. If private property be taken for military use it shall be paid for, when possible, in cash at a fair valuation and when payment in cash is not practicable receipts are to be given.

All ports and places in the Philippine Islands in the actual possession of the land and naval forces of the United States will be opened to the commerce of all friendly nations. All goods and wares, not prohibited for military reasons by due announcement of the military authority, will be admitted upon payment of such duties and other charges as shall be in force at the time of their importation.

Finally, it should be the earnest and paramount aim of the military administration to win the confidence, respect and affection of the inhabitants of the Philippines by assuring to them in every possible way that full measures of individual rights and liberty which is the heritage of free people and by proving to them that the mission of the United States is one of benevolent assimilation, substituting the mild sway of justice and the right for arbitrary rule. In the fulfillment of this high mission, supporting the temperate administration of affairs for the greatest good of the governed, there must be sedulously maintained the strong arm of authority, to repress the disturbance and to overcome all obstacles to the bestowal of the blessings of good and stable government upon the people of the Philippine Islands under the free flag of the United States. WILLIAM MCKINLEY.

AGUINALDO REPLIES TO THE PRESIDENT.

Within two days after the promulgation of the foregoing by Gen. Otis, Aguinaldo issued the following statement:

The government of the Filipinos has concluded that it is obliged to expound the reasons for the breaking off of friendly relations with the army of the United Seates in these islands, so that all can be convinced that I have done everything on my part to avoid it, and at the cost of many rights necessarily sacrificed.

After the naval combat of May 1st, the Commander of the American squadron allowed me to return from Hongkong, and distributed among the Filipinos arms taken from the arsenal at Cavite, with the intention of starting anew the revolution (that had settled down in consequence of the treaty made between the Spaniards and the Filipinos at Biak-na-bato) in order that he might get the Filipinos on his side.

The different towns now understand that war was declared between the United States and Spain and that it was necessary for them to fight for their liberty, sure that Spain would be annihilated and would be unable to do anything to put the islands in the way of progress and prosperity.

My people rejoiced at my return, and I had the honor to be chosen as chief for the services I had rendered before. Then all the Filipinos, without distinction of class, took arms, and every province hurried to turn all the Spaniards outside the lines of its boundary.

So it is easy to understand how my government would have had the power over the whole island of Luzon, Bisayas and a portion of Mindanao had the Americans taken no part in the military operations here, which have cost us so much blood and so much money.

My government is quite aware that the destruction of the Spanish fleet and giving of arms to them from the arsenal has helped them much in the way of arms. I was quite convinced

that the American army was obliged to sympathize with a revolution which had been crushed so many times, had shed so much blood, and was again working for independence. I had all confidence in the American tradition and history, for they were willing to fight for independence and the abolition of slavery until it was attained.

The Americans, having won the good disposition of the Filipinos, disembarked at Paranaque and took the position occupied by our troops in the trenches as far as Maytubig, taking possession as a matter of fact of many trenches that had been constructed by my people.

They obliged the capitulation of Manila, and the city, being surrounded by my troops, was obliged to surrender at the first attack. Through my not being notified, my troops advanced to Malate, Ermita, Paco, Sampaloc and Tondo. Without these services in keeping the Spaniards in the city they would not have given up so easily.

The American generals took my advice regarding the capitulation, but afterwards asked me to retire with my forces from Port Cavite and the suburbs of Manila.

I reminded the Generals of the injustice they were doing me and asked them in a friendly manner to recognize in some expressed way my co-operation, but they refused to accord me anything. Then not wishing to do anything against the wishes of those who would soon be the liberators of the Filipino people, I even ordered my troops to evacuate the port of Cavite and all the suburbs of Cavite, retaining only one, the suburb of Paco.

After all these concessions, in a few days Admiral Dewey, without any motive, took possession of our steam launches that were circulating, by his express consent, in the bay of Manila. Nearly the same time I received an order from Gen. Otis, Commander-in-Chief of the army of occupation, obliging me to retire my army outside certain lines which were drawn and given me, and in which I saw included the town of Pandacan and the village of Cingalon, which never have been termed suburbs of Manila.

In the actual sight of the two American generals I ordered a consultation of my military generals, and I consulted my assistant counselors and generals, and the two bodies conformed in a desire to appoint a commissioner to see Gen. Hughes.

The General received my commissioner in a poor way and would not allow him to speak, but I allowed it to pass, by a friendly request from Gen. Otis, and withdrew my troops outside the given lines so as to avoid trouble and waited for the conclusion of the peace commission at Paris.

I thought I would get my independence, as I was promised by the Consul-General of Singapore, Mr. Pratt, and it would come in a formal, assured, friendly proclamation by the American generals who had entered these waters.

But it was not so. The said Generals took my concessions in favor of friendship and peace as indicative of weakness, and, with growing ambition, sent forces to Iloilo with the object of taking that town, so they might call themselves the conquerors of that part of the Philippines, which is already occupied by my government.

This way of proceeding, so far from custom and practice observed by the civilized nations, gives me the right to proceed, leaving them out of consideration. Notwithstanding this, and wishing to be in the right to the last, I sent to Gen. Otis a commissioner with a request to desist from this fearful undertaking, but he refused to do so.

My government cannot remain indifferent in a view of violent and aggressive usurpation of its territory by a people who claim to be the champions of liberty, and so it is determined to begin hostilities if the American forces intend to get, by force, the occupation of Visayas.

I denounce these transactions before the world in order that the universal conscience may give its inflexible decision. Who are the manslaughters of humanity? Upon their heads be all the blood that will be wasted! EMILIO AGUINALDO.

January 6, 1899.

The crisis was fast approaching. At Iloilo the expedition, under Gen. Marcus P. Miller, was resisted, with arms, by the natives, and under instructions he desisted from using force. When the manifesto of Aguinaldo was posted on the

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,
No. 4.

}

HEADQUARTERS DEPARTMENT OF THE PACIFIC
AND EIGHTH ARMY CORPS.

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

I. 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, 1893.

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.

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.