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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.


Assistant Adjutant-General.


No. 8.



MANILA, P. I., October 7, 1898. 1. 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. By command of Major-General Otis.


Assistant Adjutant-General.


No. 21.



MANILA, P. I., June 5, 1899.) 1. 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, inodified 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.


Assistant Adjutant-General.


No. 22.



MANILA, P. I., June 17, 1899.) I. Tlie 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 Courts 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.


Assistant Adjutant-General.


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.



COR some time previous to the 4th of February, 1899, the tension

between the Americans and the natives had been great, both in the city of Manila and along the lines of the army surrounding it. Within the city incidents were continually occurring which made it evident to the Provost Guard that important events were anticipated by the natives. Without the city the American outposts were subjected to continuous insults which daily were more marked as the Americans continued to endure them with patience. The restraints of discipline were misunderstood by the natives as manifestations of cowardice, and there was an evident and growing desire on the part of the natives to provoke a conflict in which they anticipated ar

easy victory. Upon the part of the rank and file of the Americans, and doubtless, also, upon the part of many of the officers, there grew up a feeling of intense personal hatred of their tormentors, and an earnest desire to be turned loose upon them and kill them. While many refused to believe that Aguinaldo would really reach the point of ordering an attack upon the American army, it was a general opinion among the officers of the Provost Guard that existing conditions could not long continue, and that they would end in a fight. The commanding generals, however, while fully alive to the danger of the situation, were powerless, until actually attacked, to make any movement to end it. It was felt that the Americans must not make the first hostile move against those who had been so lately their allies, and of whose liberty they had been proclaimed the champions. They could and did, however, take every precaution not to be taken unawares at any point. The little army was disposed in a thin line completely encircling the city, and facing the natives at all points. The division, brigade and regimental commanders all had their instructions, and were prepared to act at a moment's notice. If an outbreak should occur, signals were arranged for directing the fire of the fleet.

THE MILITARY SITUATION. The military situatiou was a very simple one. The old Spanish line of defense against native attacks was a series of block-houses, more or less connected by trenches or other works, completely enclosing the city on an irregular semi-circle extending from the shore of the bay on the north to the shore on the south, and with a radius of from two and a half to three and a half miles from a center in the

mouth of the Pasig River. These block-houses were from one-half to three-fourths of a mile apart, and were numbered regularly from 1, on the railroad, near the shore on the north, to 15, a little south of Malate, on the shore on the south. All

the block-houses, from 1 to 9
inclusive, were north of the
Pasig River, and all numbered
higher than 9, were south of
the river. The natives had
taken possession of most of
these defenses, all the block-
houses, except Nos. 8, 10, 11
and 12, which were within the
general line of the semi-circle,
being occupied by them, on

February 4th.

The American army was disposed on a much smaller irregular semi-circle within these lines and facing outward from the city. The object of the natives, in any attack, would be to find a weak place in our line, break through it and rush into the city, where their compatriots were all ready to rise, join them, and begin an orgie of massacre and plunder. The object of the Americans, on the contrary, should an attack be made, would be to repel it, maintain their line intact, assume the offensive, and pursue the natives wherever they might go, so far as they could do so without exposing the city to an attack from a new army which might spring into existence at any moment from the dense population of hostile natives. The natives had the advantage of overwhelming numbers, and better arms for their infantry, but the Americans had the advantage of discipline, good artillery and the smaller interior line, permitting rapid re-inforcement of threatened points, but again the disadvantage of operating from a city the great majority of whose inhabitants were intensely hostile and treacherous. The guns of the ships commanded all the entrenchments of the natives as far inland as they could reach, and really rendered any attack upon our lines hopeless, except in the event of a sudden rush, overpowering our troops in their defenses, and so mingling the men that the ships would not dare to fire. This was doubtless what was expected by the natives. But it did not happen.


DISPOSITION OF OUR TROOPS. Our army was divided into two divisions of two brigades each, the first division, under Major-General T. M. Anderson, being stationed south of the Pasig River, and the second division, under Major-General Arthur MacArthur, on the north.

Beginning on the north, in the Tondo district, on the shore of the bay, the troops of the second, or MacArthur's Division, were distributed as follows:

The 1st Brigade, under Brigadier-General H. G. Otis, extended from near the shore of the bay easterly to a point about 400 yards southwest of block-house No. 4, in the following order: 20th Kansas, 3d U. S. Art., 1st Montana, 10th Penn

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