Protocol of Peace

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The English Text10

Article 1.—Spain will relinquish all claim of sovereignty over and title to Cuba.

Article 2.—Spain will cede to the United States the Island of Porto Rico and other islands now under Spanish sovereignty in the West Indies, and also an island in the Ladrones to be selected by the United States.

Article 3.—The United States will occupy and hold the city, bay, and harbour of Manila, pending the conclusion of a treaty of peace which shall determine the control, disposition, and government of the Philippines.

Article 4.—Spain will immediately evacuate Cuba, Porto Rico, and other islands now under Spanish sovereignty in the West Indies; and to this end each Government will, within ten days after the signing of this protocol, appoint Commissioners, and the Commissioners so appointed shall, within 30 days after the signing of this protocol, meet at Havana for the purpose of arranging and carrying out the details of the aforesaid evacuation of Cuba and the adjacent Spanish islands; and each Government will, within ten days after the signing of this protocol, also appoint other Commissioners, who shall, within 30 days after the signing of this protocol, meet at San Juan, in Porto Rico, for the purpose of arranging and carrying out the details of the aforesaid evacuation of Porto Rico and other islands now under Spanish sovereignty in the West Indies.

Article 5.—The United States and Spain will each appoint not more than five Commissioners to treat of peace, and the Commissioners so appointed shall meet at Paris not later than October 1, 1898, and proceed to the negotiation and conclusion of a treaty of peace, which treaty shall be subject to ratification according to the respective constitutional forms of the two countries.

Article 6.—Upon the conclusion and signing of this protocol, hostilities between the two countries shall be suspended, and notice to that effect shall be given as soon as possible by each Government to the commanders of its military and naval forces.

Done at Washington in duplicate, in English and in French, by the undersigned, who have hereunto set their hands and seals, the 12th day of August, 1898.

William R. Day.
Jules Cambon.

For a month before the Protocol was signed the relations between Spaniards and Americans were verging towards a crisis. The respective land forces were ever on the point of precipitating the end. General F.V. Greene had his brigade encamped along the Cavite-Manila road, about 2½ miles from the Spanish fort at Malate, with outposts thrown forward to protect the camp. The rebel lines were situated nearer to Manila, between the Americans and Spaniards. On July 28 General Greene took possession of a line, from the road already occupied by his forces, in front of the rebels' advanced position, to be ready to start operations for the reduction of Manila. The American soldiers worked for three days at making trenches, almost unmolested by the Spaniards, who had a strong line of breastworks not more than 1,000 yards in front. No Americans were killed or wounded whilst so working.

On July 31, at 11 p.m., the Spaniards opened a furious infantry and artillery fire upon the American lines and kept it up for two hours. Fort San Antonio Abad (Malate) with five guns, Blockhouse No. 14 with two guns, and connecting infantry trenches, concentrated fire upon the American breastworks, which caused considerable annoyance to the Americans. The night was pitch-dark, it rained in torrents, there was mud and water everywhere, and the ground was too flat to drain. The 10th Pennsylvania Regiment and four guns of the Utah Batteries occupied the American line, with two batteries of the 3rd Foot Artillery in reserve. The last was brought up under a heavy fire, and taking up a position on the right, silenced the Spaniards, who were pouring in a flanking fire. The whole camp was under arms, and ammunition and reinforcements were sent. The regiments were standing expectantly in the rain. The 1st California was ordered forward, the bugle sounded the advance, the whole camp cheered, and the men were delighted at the idea of meeting the enemy. Over a flat ground the American troops advanced under a heavy Spanish fire of shell and MaÜser rifles, but they were steady and checked the Spaniards' attack.

General Greene went forward to the trenches, firing was exchanged, and the wounded were being brought back from the front in carromatas. The contending parties were separated by bamboo thickets and swamp. The Americans lost that night 10 killed and 30 wounded. The Spanish loss was much heavier. Most of the Americans killed were shot in the head. The MaÜser bullet has great penetrating power, but does not kill well; in fact it often makes a small wound which hardly bleeds. As pointed out at p. 369, four MaÜser bullets passed right through Sancho Valenzuela at his execution and left him still alive. Captain Hobbs, of the 3rd Artillery, was shot through the thigh at night, and only the next morning saw the nature of the wound.

During the following week the Spaniards made three more night-attacks, the total killed and wounded Americans amounting to 10 men. The American soldiers were not allowed to return the fire, unless the Spaniards were evidently about to rush the breastworks. There was some grumbling in the camp. The Spaniards, however, got tired of firing to so little purpose, and after the third night there was silence. Meanwhile, in the daytime the Americans went on strengthening their line without being molested.

On August 7 Admiral Dewey and General Merritt sent a joint note to the Captain-General in Manila, giving him 48 hours to remove women and children, as, at any time after that, the city might be bombarded. The Captain-General replied thanking the Admiral and General for their kind consideration, but pointed out that he had no ships, and to send the women and children inland would be to place them at the mercy of the rebels. On the expiration of the 48 hours' notice, i.e., at noon on August 9, another joint note was addressed to General Augusti, pointing out the hopelessness of his holding out and formally demanding the surrender of the city, so that life and property of defenceless persons might be spared. The Captain-General replied requesting the American commanders to apply to Madrid; but this proposal being rejected, the correspondence ceased.

On August 11 a Council of War was held between Generals Merritt, Anderson, McArthur, and Greene, and the plan of combined attack arranged between General Merritt and Admiral Dewey was explained. For some hours a storm prevented the landing of more American troops with supplies, but these were later on landed at ParaÑaque when the weather cleared up, and were hurriedly sent on to the camp, where preparations were being made for the assault on the city.

Whilst the Protocol was being signed in Washington the American troops were entrenched about 350 yards from the Spaniards, who were prepared to make their last stand at the Fort San Antonio Abad (Malate). From the morning of that day there were apparent signs of an intended sortie by the Spaniards, and, in view of this, the rebels marched towards the American lines, but were requested to withdraw. Indeed, the native forces were only too anxious to co-operate with the American troops, or at least, to have the semblance of doing so, in order to justify their claim to enter the beleaguered city as allies of the invaders. General Merritt, however, discouraged any such alliance, and issued precise orders to his subordinate officers to avoid, as much as possible, all negotiation with the Aguinaldo party.

Why the Spaniards were still holding the city of Manila at this date is perhaps best understood by the Americans. To the casual observer it would have appeared expedient to have made the possession of Manila a fait accompli before the Protocol of Peace was signed. The Americans had a large and powerful fleet in Manila Bay; they were in possession of Cavite, the arsenal and forts, and they had a large army under Maj.-General Merritt and his staff. General Augusti was, for weeks previous, personally disposed to surrender, and only refused to do so as a matter of form, hence the same means as were finally employed could apparently have brought about the same result at an earlier date.11 The only hope the Spaniards could entertain was a possible benefit to be derived from international complication. From the tone of several of the Captain-General's despatches, published in Madrid, one may deduce that capitulation to a recognized Power would have relieved him of the tremendous anxiety as to what would befall the city if the rebels did enter. It is known that, before the bombardment, Admiral Dewey and his colleagues had given the humane and considerate assurance that the city should not be left to the mercy of the revolutionary forces.

The next day, Saturday, August 13, the Americans again demanded the surrender of the city within an hour, which was refused, according to Spanish custom. Without the slenderest hope of holding the city against the invaders, the Spaniards preconcerted a human sacrifice,12 under the fallacious impression that the salvation of their honour demanded it, and operations commenced at 9.45 a.m. The ships present at the attack were the Olympia (flagship), Monterey, Raleigh, McCulloch, Petrel, Charleston, Baltimore, Boston, and Concord, with the little gunboat RÁpido, and the captured (Spanish) gunboat Callao, and the armed steam-launch BarcelÓ. The Concord watched the Fort Santiago at the Pasig River entrance. The American commanders confined the bombardment to the forts and trenches situated to the south of the city. The whole of the walled city and the trading quarter of Binondo were undamaged. The fighting-line was led by the Olympia, which sent 4-inch shells in the direction of the fort at Malate (San Antonio de Abad). A heavy shower of rain made it difficult to get the range, and every shell fell short. The Petrel then took up position and shelled the fort with varying result, followed by the Raleigh. The RÁpido and the Callao, being of light draught, were able to lie close in shore and pour in a raking fire from their small-calibre guns with considerable effect. The distance between the ships and the fort was about 3,500 yards, and, as soon as this was correctly ascertained, the projectiles had a telling effect on the enemy's battery and earthworks. The Olympia hurled about 705-inch shells and 168-inch shells, and the Petrel and the Raleigh about the same number each. There was rather a heavy wash in the bay for the little Callao and the BarcelÓ, but they were all the time capering about, pouring a hail of small shell whenever they had a chance. The Spaniards at Malate returned the fire and struck the Callao without doing any damage. The transport Zafiro lay between the fighting-line and the shore, having on board General Merritt, his staff, and a volunteer regiment. The transport Kwonghoi was also in readiness with a landing-party of troops on board. In another steamer were the correspondents of the London Times and New York Herald, and the special artists of the Century Magazine and the Herald. The field artillery took no part in the operations. The shelling of the Fort San Antonio Abad from the ships lasted until about 11 a.m., when the general signal was given to cease firing. One shell, from Malate, reached the American camp. The firing from the ships had caused the Spaniards to fall back. General Greene then ordered the 1st Colorado to advance. Two companies deployed over a swamp and went along the beach under cover of the Utah Battery. Two other companies advanced in column towards the Spanish entrenchments with colours flying and bands of music playing lively tunes. The first and second companies fired volleys to cover the advance of the other columns. They crossed the little creek, near Malate, in front of the fort; then, by rushes, they reached the fort, which they entered, followed by the other troops, only to find it deserted. The Spaniards had retreated to a breastwork at the rear of the fort, where they kept up a desultory fire at the Colorado troops, killing one man and wounding several. Fort San Antonio Abad was now in possession of the 1st Colorado under Lieut.-Colonel McCoy, who climbed up the flagstaff, hauled down the Spanish flag, and hoisted the Stars and Stripes amidst cheers from the army and fleet.

Four companies of the 1st Colorado advanced across the fields, entered the Spanish trenches, crossed the bridge, and moved up the road, the Spaniards still keeping up an ineffective fire from long range.

The 3rd Colorado came up with a band of music, and then the whole regiment deployed in skirmishing order and maintained a continual rifle fire until they halted on the Luneta Esplanade. The band took up a position in an old Spanish trench and played as the troops filed past along the beach. The Spaniards were gradually falling back on the city, and the rebels who were located near the Spanish lines continued the attack; but the Americans gave them the order to cease firing, which they would not heed. The Americans thereupon turned their guns upon the rebels, who showed an inclination to fight. Neither, however, cared to fire the first shot; so the rebels, taking another road, drove the Spaniards, in confusion, as far as Ermita, when Emilio Aguinaldo ordered his men to cease firing as they were just outside the city walls. The rebel commander had received strict orders not to let his forces enter Manila. The American troops then developed the attack, the Spaniards making, at first, a stubborn resistance, apparently for appearance' sake, for the fight soon ended when the Spaniards in the city hoisted the white flag on a bastion of the old walls. Orders were then given to cease firing, and by one o'clock the terms of capitulation were being negotiated. General F.V. Greene then sent an order to the troops for the rear regiments to muster on the Luneta Esplanade, and there half the American army waited in silent expectation. The Spanish entrenchments extended out from the city walls in different directions as far as three miles. The defenders were about 2,500 in number, composed of Spanish regular troops, volunteers, and native auxiliaries; about the same number of troops being in the hospitals inside the city. The opponent force amounted to about 15,000 rebels and 10,000 Americans ashore and afloat. The attacking guns threw heavier shot and had a longer range than the Spanish artillery. The Americans were also better marksmen than the Spaniards. They were, moreover, better fed and in a superior condition generally. The Americans were buoyed up with the moral certainty of gaining an easy victory, whereas the wearied Spaniards had long ago despaired of reinforcements coming to their aid; hence their defence in this hopeless struggle was merely nominal for “the honour of the country.”

For some time after the white flag was hoisted there was street-fighting between the rebels and the loyals. The rattle of musketry was heard all round the outskirts. The rebels had taken 300 to 400 Spanish prisoners and seized a large quantity of stores. General Basilio Augusti, who was personally averse to useless bloodshed, relinquished his command of the Colony about a week prior to the capitulation. Just before the attack on the city he went on board a German steam-launch which was waiting for him and was conveyed to the German cruiser Kaiserin Augusta, which at once steamed out of the bay northwards. General Fermin JaÚdenes remained as acting-Captain-General.13 Brig.-General of Volunteers and Insp.-General Charles A. Whittier and Lieutenant Brumby then went ashore in the Belgian Consul's launch, and on landing they were met by an interpreter, CÁrlos Casademunt, and two officers, who accompanied them to the house of the acting-Captain-General, with whom the draft terms of capitulation were agreed upon. In his evidence before the Peace Commission at Paris, General Whittier said: “I think the Captain-General was much frightened. He reported in great trepidation that the insurgents were coming into the city, and I said that I knew that that was impossible because such precautions had been taken as rendered it so. “His fear and solicitude about the natives entering the city when I received the surrender of Manila were almost painful to witness.” Lieutenant Brumby returned to Admiral Dewey to report, and again went ashore with General Merritt. In the meantime General JaÚdenes had taken refuge in the sacristy of a church which was filled with women and children, presumably with the wise object of keeping clear of the unrestrained mobs fighting in the suburbs. For some time the Spanish officers refused to reveal his whereabouts, but eventually he and General Merritt met, and on August 14 the terms of the Capitulation were signed between General NicolÁs de la PeÑa y Cuellas and Colonels Jose Maria Olaguer Tellin and CÁrlos Rey y Rich, as Commissioners for Spain, and Generals F. V. Greene and Charles A. Whittier, Colonel Crowder, and Captain Lamberton, U.S.N., as Commissioners for the United States. The most important conditions embodied in the Capitulation are as follows, viz.:

1. The surrender of the Philippine Archipelago.

2. Officers to be allowed to retain their swords and personal effects, but not their horses.

3. Officers to be prisoners of war on parole.

4. The troops to be prisoners of war and to deposit their arms at a place to be appointed by General Merritt.

5. All necessary supplies for their maintenance to be provided from the public Treasury funds, and after they are exhausted, by the United States.

6. All public property to be surrendered.

7. The disposal of the troops to be negotiated, later on, by the United States and Spanish Governments.

8. Arms to be returned to the troops at General Merritt's discretion.

The Capitulation having been signed, Lieutenant Brumby immediately went to Fort Santiago with two signalmen from the Olympia and lowered the Spanish flag, which had been flying there all day. Many Spanish officers and a general crowd from the streets stood around, and as he drew near to the flagstaff he was hissed by the onlookers. When the orange-and-red banner was actually replaced by the Stars and Stripes, many in the crowd shed tears. The symbol of Spanish sovereignty had disappeared for ever. The attitude of the mob was not reassuring, so Lieutenant Brumby asked an infantry officer who was present to bring his detachment as a guard. A company of infantry happened to be coming along, and presented arms, whilst the band, playing “The Star-spangled Banner,” enlivened this dramatic ceremony. Whilst this was going on the Spaniards hoisted the Spanish flag on the transport CebÚ and brought it down to the mouth of the Pasig River, where they set fire to it. A party of American marines boarded her, hauled down the Spanish flag, and tried to save the hull, but it was too far consumed. The Spaniards also destroyed barges and other Government property lying in the river.

In the official reports furnished by Generals T.M. Anderson and A. McArthur and published in America, the total casualties on the American side are stated to be as follows, viz.:—On August 13, five killed and 43 wounded. Previous to this in the trenches there were 14 killed and 60 wounded, making a total of 122.

The approximate number of European Spanish troops in the Archipelago during the year 1898 would stand thus:—

Total of troops under Gen. Primo de Rivera in January, 1898, say 25,000
Shipped back to Spain by Gen. Primo de Rivera after Aguinaldo's withdrawal to Hong-Kong (vide p. 400) 7,000
At the date of the Capitulation of Manila
Prisoners (regular troops) in hands of the rebels 8,000
Detachments in the Luzon Provinces (subsequently surrendered to, or killed by, the rebels) 1,000
Killed or mortally wounded in general combat 1,000
Wounded and diseased in Manila hospitals 2,600
Approximate total in Visayas and Mindanao Island (General Rios' jurisdiction) 3,000
Approximate total of able-bodied troops in Manila, prisoners of war (to America), up to December 10, 1898 2,400
25,000

General F.V. Greene marched his troops down the Calzada and entered the walled city, where he massed his forces. Sentinels were placed at all the city gates; some rebels got inside the city, but were disarmed and sent out again. At 7 p.m. the American troops took up their quarters in public buildings, porches, and even on the streets, for they were tired out. One might have imagined it to be a great British festival, for the streets were bedecked everywhere with the British colours displayed by the Chinese who were under British protection. That night General Merritt, General Greene and the staff officers were served at dinner by the late Captain-General's servants in the Town Hall (Plaza de la Catedral), the splendid marble entrance of which became temporarily a dÉpÔt for captured arms, ammunition, and accoutrements of war.

No hostile feeling was shown by Spaniards of any class. The inhabitants of the city looked remarkably well after the 105 days' siege. Trade was absolutely at a standstill, and American troops were drafted out of the walled city to occupy the commercial quarter of Binondo on the opposite side of the river. The government of the city was at once taken over by Maj.-General Wesley Merritt, appointments being made by him to the principal departments as follows, viz.:—

By General Order dated August 15, Brig.-General T. M. Anderson became Commandant of the Cavite district, the garrison of which would be increased on the arrival of the transports on the way. Brig.-General Arthur McArthur became Military Commandant of the walled city of Manila and Provost-Marshal of the city of Manila, including all the suburbs, his barracks and staff-quarters to be within the walled city. The Commandant was to take over the offices, staff, and functions of the late Civil Governor. Colonel Ovenshine became Deputy Provost-Marshal of the walled city south of the river; Colonel James S. Smith was appointed Deputy Provost-Marshal of Binondo and all districts situated north of the river.

By General Order dated August 16, Brig.-General F. V. Greene became Treasurer-General; Brig.-General of Volunteers C. A. Whittier was nominated Commissioner of Customs.

By General Order dated August 15, it was provided that within 10 days a complete list should be sent to Washington of all public establishments and properties of every description, including horses; that all private property, including horses, would be respected, and that lodging for the prisoners of war would be provided by the Military Commandant of the city in the public buildings and barracks not required for the American troops. Colonel C. M. C. Reeve was appointed Chief of Police, with the 13th Regiment of Volunteer Minnesota Infantry for this service.

On August 16 a notice was placarded outside the General Post Office to the effect that, as all the Spanish staff had refused to work for the Americans, the local and provincial correspondence could not be attended to. This was, however, soon remedied.

In an order issued on August 22 it was enacted that all natives and all Spanish soldiers were to be disarmed before they were admitted into the walled city. The insurgent troops were included in the above category, but their arms were restored to them on their leaving the city. An exception was made in favour of the insurgent officers, from the grade of lieutenant upwards, who were permitted to enter and leave Manila with their swords and revolvers.

On August 25 a provisional agreement was entered into between the American authorities and Emilio Aguinaldo, to remain in force pending the result of the Paris Peace Commission, whereby their respective spheres were defined. The Americans retained jurisdiction over Manila City, Binondo, the right bank of the Pasig River up to the Calzada de Iris and thence to MalacaÑan, which was included. The remaining districts were necessarily in the hands of the rebels, there being no recognized independent government in Luzon other than the American military occupation of the capital and environs.

Towards the end of August, the American Commander-in-Chief, Maj.-General Wesley Merritt, quitted the Islands in order to give evidence before the Peace Commission at Paris, after having appointed General E.S. Otis to be the first Military Governor of Manila.

The British Consul, Mr. E.A. Rawson Walker, who had rendered such excellent service to both the contending parties, died of dysentery in the month of August, and was buried at Paco cemetery.

Philippine refugees returned to the Islands in large numbers, but the American authorities notified the Consul in Hong-Kong that only those Chinese who could prove to his satisfaction previous residence in Manila would be allowed to return there.

Trading operations were resumed immediately after the capitulation, and the first shipment of cigars made after that date was a parcel of 140,000 exported to Singapore in the first week of September and consigned to the Tabaqueria Universal. Business in Manila, little by little, resumed its usual aspect. The old Spanish newspapers continued to be published, and some of them, especially El Comercio, were enterprising enough to print alternate columns of English and Spanish, and, occasionally, a few advertisements in very amusing broken English. Two rebel organs, La Independencia and La RepÚblica Filipina, soon appeared. They were shortly followed by a number of periodicals of minor importance, such as El Soldado EspaÑol, La Restauracion (a Carlist organ), ThÉ Kon Leche, El Cometa and El Motin (satirical papers) and two American papers, viz., The Manila American and The Manila Times. Liberty of the press was such a novelty in Manila that La Voz EspaÑola over-stepped the bounds of prudence and started a press campaign against the Americans. Delgado, the editor, after repeated warnings from the Provost-Marshal, was at length arrested. The paper was suppressed for abusing the Americans from the President downwards, and publishing matter calculated to incite the Spanish inhabitants to riot. The capital was seething with opposition to the new conditions; many were arrested, but few lamented the incarceration, for the prison was the porch which led to fame, and through it all who were ambitious to rise from obscurity had to pass. Moreover, imprisonment (for mere trifles) was such a commonplace event in Spanish times that no native lost caste by the experience of it, unless it were for a heinous crime which shocked his fellows. Meanwhile, in the public ways and the cafÉs and saloons, altercations between the three parties, Spanish, native, and American, were of frequent occurrence.

For some weeks before the capitulation there had been a certain amount of friction between the American soldiery and the rebels, who resented being held in check by the American authorities. Emilio Aguinaldo had his headquarters at Bacoor, on the Cavite coast, situated between two divisions of the American army, one at Cavite and the other at Manila, and within easy shelling distance from the American fleet. For obvious reasons he decided to remove his centre of operations, for it was becoming doubtful how long peace between the two parties would continue. The rebels had been sorely disappointed that they were not allowed to enter Manila with the Americans, or even before, for since the first few months of the rebellion they had pictured to themselves the delights of a free raid on the city. Aguinaldo therefore removed his headquarters to a place three miles north of Manila, but General Otis requested him to go farther away from the capital. As he hesitated to do so the General sent him an ultimatum on September 13 ordering him to evacuate that place by the afternoon of the 15th, so during the night of the 14th Aguinaldo moved on with his troops to Malolos. From this town, situate about 20 miles from Manila, he could better unite and control the rebel factions here and there over the northern provinces; he could, moreover, either make use of the line of railway or cut off the connection with Manila, or he could divert supplies from the rich rice districts and PangasinÁn ports, whilst the almost impregnable mountains were of easy access in case of need.

Aguinaldo declared Malolos to be the provisional capital of his Revolutionary Government, and convened a Congress to meet there on September 15 in the church of Barasoain.14 Fifty-four deputies responded to the summons, and in conformity with Aguinaldo's proclamation of June 23 they proceeded to elect a President of Congress, Vice-President, Secretaries, etc. The result of the voting was a remarkable event of the revolution. Don Pedro A. Paterno was elected President of Congress! The man whom the revolutionists had, less than four months before, so satirically admonished for his leaning towards Spanish sovereignty, was chosen to guide the political destinies of this budding democracy and preside over their republican legislative body! Deputies Benito Legarda and Ocampo were chosen to be Vice-President and Secretary respectively. Congress voted for Aguinaldo a salary of ?50,000 and ?25,000 for representation expenses. These figures were afterwards reversed, i.e., ?25,000 salary, and ?50,000 for expenses; but Aguinaldo, who never showed any desire for personal gain, was quite willing to set aside the vote. A decree in Congress, dated September 21, imposed compulsory military service on every able-bodied Philippine male over 18 years of age, except those holding office under the Revolutionary Government. At an early session of Congress Deputy Tomas del Rosario made a long speech advocating Church Disestablishment.15

The night before Congress met to announce the election of President, etc., an attempt was made to poison Emilio Aguinaldo. Dinner was about to be served to him; the soup was in the tureen, when one of the three Spanish prisoners who were allowed to be about the kitchen tasted the soup in a manner to arouse suspicion. The steward at once took a spoonful of it and fell dead on the spot. The three prisoners in question, as well as 11 Franciscan friars, were consequently placed in close confinement. At the next sitting of Congress the incident was mentioned and it was resolved to go en masse to congratulate Aguinaldo on his lucky escape. At 5 p.m. the same day a Te Deum was sung in Malolos Church anent this occurrence.

On October 1 the Ratification of Philippine Independence was proclaimed at Malolos with imposing ceremony. From 6 a.m. the Manila (Tondo) railway-station was besieged by the crowd of sightseers on their way to the insurgent capital (Malolos), which was en fÊte and gaily decorated with flags for the triumphal entry of General Emilio Aguinaldo, who walked to the Congress House attired in a dress suit, with Don Pedro A. Paterno on his right and Don Benito Legarda on his left, followed by other representative men of the Revolutionary Party, amidst the vociferous acclamations of the people and the strains of music. After the formal proclamation was issued the function terminated with a banquet given to 200 insurgent notabilities. This day was declared by the Malolos Congress to be a public holiday in perpetuity.

By virtue of Article 3 of the Protocol of Peace the Americans were in possession of the city, bay, and harbour of Manila pending the conclusion of a treaty of peace. The terms of peace were referred to a Spanish-American Commission, which met in Paris on October 1, five commissioners and a secretary being appointed by each of the High Contracting Parties. The representatives of the United States were the Hon. William R. Day, of Ohio, ex-Secretary of State, President of the American Commission; Senator Cushman K. Davis, of Minnesota; Senator William P. Frye, of Maine; Senator George Gray, of Delaware; and the Hon. Whitelaw Reid, of New York, ex-Minister Plenipotentiary of the United States in France, assisted by the Secretary and Counsel to their Commission, Mr. John Bassett Moore, an eminent professor of international law. The Spanish Commissioners were Don Eugenio Montero Rios, Knight of the Golden Fleece, President of the Senate, ex-Cabinet Minister, etc., President of the Spanish Commission; Senator Don Buenaventura Abarzuza, ex-Ambassador, ex-Minister, etc.; Don JosÉ de Garnica y Diaz, a lawyer; Don Wenceslao Ramirez de Villa-Urrutia, Knight of the Orders of Isabella the Catholic and of Charles III., etc., Minister Plenipotentiary to the Belgian Court; and General Don Rafael Cerero y Saenz, assisted by the Secretary to their Commission, Don Emilio de Ojeda, Minister Plenipotentiary to the Court of Morocco. The conferences were held in a suite of apartments at the Ministry of Foreign Affairs, placed at their disposal by M. DelcassÉ. Among other questions to be agreed upon and embodied in the treaty was the future of the Philippines. For Washington officials these Islands really constituted a terra incognita. Maj.-General Merritt and a number of other officials went to Paris to give evidence before the Commission. At their request, conveyed to me through the American Embassy, I also proceeded to Paris in October and expressed my views before the Commissioners, who examined me on the whole question. The Cuban debts and the future of the Philippines were really the knotty points in the entire debate. The Spanish Commissioners argued (1) that the single article in the Protocol relating to the Philippines did not imply a relinquishment of Spanish sovereignty over those Islands, but only a temporary occupation of the city, bay, and harbour of Manila by the Americans pending the conclusion of a treaty of peace. (2) That the attack on Manila, its capitulation, and all acts of force consequent thereon, committed after the Protocol was signed, were unlawful because the Protocol stipulated an immediate cessation of hostilities; therefore the Commissioners claimed indemnity for those acts, a restoration to the status quo ante, and “the immediate delivery of the place (Manila) to the Spanish Government” (vide Annex to Protocol No. 12 of the Paris Peace Commission conference of November 3).

The American Commissioners replied: (1) “It is the contention on the part of the United States that this article leaves to the determination of the treaty of peace the entire subject of the future government and sovereignty of the Philippines necessarily embodied in the terms used in the Protocol.” (2) It is erroneous to suggest “that the ultimate demands of the United States in respect of the Philippines were embodied in the Protocol.” (3) That there was no cable communication with Manila, hence the American commanders could not possibly have been informed of the terms of the Protocol on the day of its signature. The Spanish Commissioners, nevertheless, tenaciously persisting in their contention, brought matters to the verge of a resumption of hostilities when the American Commissioners presented what was practically an ultimatum, in which they claimed an absolute cession of the Islands, offering, however, to pay to Spain $20,000,000 gold, to agree, for a term of years, to admit Spanish ships and merchandise into the Islands on the same terms as American ships and merchandise, and to mutually waive all claims for indemnity—(vide Annex to Protocol No. 15 of the Paris Peace Commission conference of November 21).

For a few days the Spaniards still held out, and to appease public feeling in the Peninsula a fleet under Admiral CÁmara was despatched, ostensibly to the Philippines. It was probably never intended that the fleet should go beyond Port Said, for on its arrival there it was ordered to return, the official explanation to the indignant Spanish public being that America was preparing to seize the Archipelago by force, if necessary, and send a fleet to Spanish waters under the command of Admiral Watson. Sagasta's Government had not the least intention of letting matters go so far as that, but it suited the Spanish Cabinet, already extremely unpopular, to make an appearance of resistance. Moreover, SeÑor Sagasta had personal motives for wishing to protract the negotiations, the examination of which would lead one too far away from the present subject into Spanish politics.

At the next conference of the Commission the demands of the Americans were reluctantly conceded, and the form in which the treaty was to be drafted was finally settled. The sitting of the Commission was terminated by the reading of a strongly-worded protest by SeÑor Montero Rios in which the Spanish Commissioner declared that they had been compelled to yield to brute force and abuse of international law against which they vehemently protested. The secretaries of the respective Commissions were then instructed to draw up the document of the Treaty of Peace, which was signed at 9 p.m. on Saturday, December 10, 1898, in the Grand Gallery of the Ministry of Foreign Affairs in Paris. The expenses of the Spanish Commission amounted to £8,400. A delay of six months was agreed upon for the ratification by the two Governments of the treaty, the text of which is given at the end of this chapter. America undertook to establish equal duties on Spanish and American goods for a period of ten years; but it subsequently transpired that this was no special boon to Spain, seeing that America declared shortly after the signing of the treaty that there would be no preferential tariff, and that merchandise of all nations could enter the Islands at the same rate of duty and on equal terms with America. The clauses of the treaty relating to the Philippines met with determined opposition in the United States, where politicians were divided into three parties advocating respectively annexation, protection, and abandonment of the Islands to the natives.

At the closing conferences of the Commission several additional clauses to the treaty were proposed by the one party and the other and rejected. Among the most singular are the following:—The Spaniards proposed that America should pay annually to the descendants of Christopher Columbus $7,400 to be charged to the treasuries of Porto Rico and Manila. The Americans proposed that Spain should concede to them the right to land telegraph-cables in the Canary Islands, or on any territory owned by Spain on the coast of Africa, or in the Peninsula, in consideration of a cash payment of one million gold dollars.

We must now go back to September to follow the thread of events which intervened from that period and during the 71 days' sitting of the Peace Commission in Paris. My old acquaintance Felipe Agoncillo was sent to Washington in September by Emilio Aguinaldo to solicit permission from the American Government to represent the rebels' cause on the Paris Commission, or, failing this, to be allowed to state their case. The Government, however, refused to recognize him officially, so he proceeded to Paris. Having unsuccessfully endeavoured to be heard before the Commission, he drew up a protest in duplicate, handing a copy to the Spanish and another to the American Commissioners. The purport of this document was that whereas the Americans had supplied the Filipinos with war-material and arms to gain their independence and not to fight against Spain in the interests of America, and whereas America now insisted on claiming possession of the Archipelago, he protested, in the name of Emilio Aguinaldo, against what he considered a defraudment of his just rights. His mission led to nothing, so he returned to Washington to watch events for Aguinaldo. After the treaty was signed in Paris he was received at the White House, where an opportunity was afforded him of stating the Filipinos' views; but he did not take full advantage of it, and returned to Paris, where I met him in July, 1900, holding the position of “High Commissioner for the Philippine Republic.” His policy was, then, “absolute independence, free of all foreign control.” In 1904 we met again in Hong-Kong, where he was established as a lawyer.

In this interval, too, matters in Manila remained in statu quo so far as the American occupation was concerned. General E. S. Otis was still in supreme command in succession to General Merritt, and reinforcements were arriving from America to strengthen the position. General Otis's able administration wrought a wonderful change in the city. The weary, forlorn look of those who had great interests at stake gradually wore off; business was as brisk as in the old times, and the Custom-house was being worked with a promptitude hitherto unknown in the Islands. There were no more sleepless nights, fearing an attack from the dreaded rebel or the volunteer. The large majority of foreign (including Spanish) and half-caste Manila merchants showed a higher appreciation of American protection than of the prospect of sovereign independence under a Philippine Republic. On the other hand, the drunken brawls of the American soldiers in the cafes, drinking-shops, and the open streets constituted a novelty in the Colony. Drinking “saloons” and bars monopolized quite a fifth of the stores in the principal shopping street, La Escolta, where such unruliness obtained, to the detriment of American prestige, that happily the Government decided to exclude those establishments altogether from that important thoroughfare, which has since entirely regained its respectable reputation. The innovation was all the more unfortunate because of the extremely bad impression it made on the natives and Spaniards, who are remarkably abstemious. It must also have been the cause of a large percentage of the sickness of the American troops (wrongly attributed to climate), for it is well known that inebriety in the Philippines is the road to death. With three distinct classes of soldiers in Manila—the Americans, the rebels, and the Spanish prisoners—each living in suspense, awaiting events with divergent interests, there were naturally frequent disputes and collisions, sometimes of a serious nature, which needed great vigilance to suppress.

The German trading community observed that, due to the strange conduct of the commanders of the German fleet, who showed such partiality towards the Spaniards up to the capitulation of Manila, the natives treated them with marked reticence. The Germans therefore addressed a more than ample letter of apology on the subject to the newspaper La Independencia (October 17).

As revolutionary steamers were again cruising in Philippine waters, all vessels formerly flying the Spanish flag were hastily placed on the American register to secure the protection of the Stars and Stripes, and ex-Consul Oscar F. Williams was deputed to attend to these and other matters connected with the shipping trade of the port.

It was yet theoretically possible that the Archipelago might revert to Spain; hence pending the deliberations of the Peace Commission, no movement was made on the part of the Americans to overthrow the de facto Spanish Government still subsisting in the southern islands. General Fermin JÁudenes, the vanquished Commander-in-Chief of the Spanish forces in Manila (Sub-Inspector until General Augusti left), was liberated on parole in the capital until the first week of October, when the American Government allowed him to return to Spain. He left in the s.s. Esmeralda for Hong-Kong on October 15. Meanwhile, a month before, the Spanish Government appointed General Diego de los Rios Gov.-General of the Philippines, with residence at Yloilo. Spaniards of all classes were at least personally safe in Manila under American protection. All who could reach the capital did so, for Spanish sway in the provinces was practically at an end. Aguinaldo therefore directed his attention both to matters of government in Luzon and to the control of the southern islands.

Neither the Filipinos nor the Spaniards could foresee that the evacuation by the Spaniards of all the Islands would be insisted upon by the American Commissioners in Paris. Moreover, it was no easy task for Aguinaldo to maintain his own personal prestige (an indispensable condition in all revolutions), carry out his own plans of government, and keep together, in inactivity, a large half-disciplined fighting force. Three weeks after the capitulation of Manila, Aguinaldo sent several small vessels to the Island of Panay, carrying Luzon rebels to effect a landing and stir up rebellion in Visayas. He was anxious to secure all the territory he could before the conditions of peace should be settled in Paris, in the hope that actual possession would influence the final issue. General Rios was therefore compelled to enter on a new campaign, assisted by the small gunboats which had remained south since hostilities commenced north in May. Spanish troops were sent to Singapore en routefor Yloilo, and then a question arose between Madrid and Washington as to whether they could be allowed to proceed to their destination under the peace Protocol. The TagÁlog rebels landed in the province of Antique (Panay Is.), and a few natives of the locality joined them. They were shortly met by the Spanish troops, and severe fighting took place in the neighbourhood of BugÁson, where the rebels were ultimately routed with great loss of men and impedimenta.

The survivors fled to their vessels and landed elsewhere on the same coast. In several places on the Island the flag of rebellion had been unfurled, and General Rios' troops showed them no quarter. At the end of six weeks the rebels had been beaten in numerous encounters, without the least apparent chance of gaining their objective point—the seizure of Yloilo. In the Concepcion district (East Panay) the rebel chief Perfecto Poblado took the command, but gained no victory with his following of 4,000 men. So far, what was happening in the Islands, other than Luzon, did not officially concern the Americans.

About this time, in Manila, there was by no means that entente cordiale which should have existed between the rebels and the Americans, supposing them to be real allies. In reality, it was only in the minds of the insurgents that there existed an alliance, which the Americans could not, with good grace, have frankly repudiated, seeing that General T.M. Anderson was frequently soliciting Aguinaldo's assistance and co-operation.16 Aguinaldo was naturally uneasy about the possible prospect of a protracted struggle with the Spaniards, if the Islands should revert to them; he was none the less irritated because his repeated edicts and proclamations of independence received no recognition from the Americans. General Anderson had already stated, in his reply (July 22) to a letter from Aguinaldo, that he had no authority to recognize Aguinaldo's assumption of dictatorship. The native swaggering soldiery, with the air of conquerors, were ever ready to rush to arms on the most trivial pretext, and became a growing menace to the peaceful inhabitants. Therefore, on October 25, Aguinaldo was again ordered to withdraw his troops still farther, to distances varying from five to eight miles off Manila, and he reluctantly complied. When this order was sent to him his forces in the neighbourhood of Manila were estimated to be as follows:—At Coloocan, 3,000 men, with two guns trained on Binondo; Santa Mesa, 380; Pasig, 400; Paco, Santa Ana, PandÁcan, and Pasay, 400 to 500 each; south of Malate, 1,200, and at SantÓlan waterworks (on which the supply of potable water to the capital depended), 380.

In Panay Island General Rios published an edict offering considerable reforms, but the flame of rebellion was too widespread for it to have any effect. The Island of CebÚ also was in revolt; the harsh measures of General Montero effected nothing to Spain's advantage, whilst that miserable system of treating suspects as proved culprits created rebels. Neither did the Moro raid on the CebuÁnos, referred to at p. 406, serve to break their spirit; more than half the villages defied Spanish authority, refused to pay taxes, and forced the friars to take refuge in CebÚ City, which was, so far, safe. Those who were able took passage to ports outside the Archipelago. In Leyte Island there were risings of minor importance, instigated by TagÁlogs, and chiefly directed against the friars, who were everywhere obnoxious to the people. At Catbalogan (SÁmar Is.) an armed mob attacked the Spaniards, who fled to the house of an American. General Rios had not sufficient troops to dominate several islands covering such a large area. He was so hard pressed in Panay alone that, even if he had had ample means of transport, he could neither divide his forces nor afford to spend time in carrying them from one island to another. Towards the end of October he ran short of ammunition, but, opportunely, the Spanish mail-steamer Buenos Aires brought him a supply with which he could continue the struggle. Fresh TagÁlog expeditions were meanwhile sent south, and coerced or persuaded the Panay people to rise in greater force than ever, until, finally, General Rios had to fall back on Yloilo. By the middle of November practically the whole island, except the towns of Yloilo, Molo, Jaro and La Paz, was under rebel dominion. In December General Rios held only the town and port of Yloilo. He had ordered the bridge of Manduriao to be destroyed, so as to establish a dividing line between him and the rebels who were entrenched on the opposite bank of the river, neither party being willing to make a bold onslaught on the other, although frequent skirmishing took place. On receipt of the news of the conclusion of the Treaty of Paris, General Rios proposed to the rebels a mutual cessation of hostilities, on the ground that no advantage could accrue to either party by a further sacrifice of blood and munitions of war, seeing that within a few days he was going to evacuate the town and embark his troops, and that, so far as he was concerned, they could then take his place without opposition. But the rebels, presumably interpreting his humane suggestion as a sign of weakness, continued to fire on the Spanish troops.

The small detachments and garrisons in Negros Island had been unable to resist the tide of revolt; the west coast of that island was over-run by the rebels under the leadership of Aniceto Lacson and Juan Araneta (a much respected planter of Bago, personally known to me), and the local Spanish Governor, Don Isidro Castro, was forced to capitulate, in due written form, at BacÓlod, on November 6, with his troops and all the Spanish civil and military employees. By December 1 it was evident that, although Spanish empire in Visayas had been definitely broken, there was absolute discord among the (southern) rebels themselves. They split up into rival factions, each one wanting to set up a government of its own. The American Peace Commissioners had made their formal demand for the cession of all the Islands, and it was clear to the Spanish Government that General Rios would sooner or later have to evacuate under the treaty. It was useless, therefore, to continue to shed European blood and waste treasure in those regions. In the first week of December the Madrid Government ordered General Rios to suspend hostilities and retire to Mindanao Island with his troops, pending arrangements for their return to the Peninsula. General Rios replied to this order, saying that he would make the necessary preparations. Meanwhile, on December 11, the rebels approached the fortifications around Yloilo town, and the Spaniards kept up an almost continuous fusillade. Before daybreak on December 14 the rebels, armed with bowie-knives, attacked the Spanish entrenchments in great force and drove the Spaniards back from their first to their second redoubt. The Spaniards rallied, turned their four field-pieces on the enemy, and opened a raking artillery and rifle fire which mowed down the rebels, who retired in great disorder, leaving about 500 dead and wounded. The Spaniards, who were well protected behind their stockades, had 6 dead and 17 wounded. Notwithstanding their severe repulse, the rebels again fired on the Spaniards until some female relations of their General Araneta and others went out to the rebel lines and harangued and expostulated with the leaders, and so put them to shame with their tongues that thenceforth the rebels ceased to molest the Spaniards. General Rios then took measures for evacution. On December 23, 1898, he formally handed over Yloilo to the mayor of the town in the presence of his staff, the naval commanders, and the foreign consuls, and requested the German Vice-Consul to look after Spanish interests. On the following day the Spanish troops, numbering between five and six hundred, and several civilians were embarked in perfect order, without any unfortunate incident occurring, on board the s.s. Isla de Luzon, which sailed for Zamboanga, the rallying-place of the Spaniards, whilst some small steamers went to other places to bring the officials to the same centre.

Before leaving Yloilo, after many tedious delays respecting the conditions, an exchange of prisoners was effected with the rebels, who at the outset were inclined to be unduly exacting.

The rebels at once took possession of Yloilo, but a controlling American force arrived in the roadstead on December 27, under the command of General Miller, and was afterwards reinforced up to a total strength of about 3,000 troops.

The Caroline Islands (which were not ceded under the Treaty of Paris) were provisioned for three months, and the Spanish troops in CebÚ Island and YlÍgan (Mindanao Is.) had been already ordered to concentrate and prepare for embarkation on the same day for Zamboanga (Mindanao Is.), where the bulk of them remained until they could be brought back to Spain on the terms of the treaty of peace. In a few days General Rios left Zamboanga in the s.s. Leon XIII. for Manila, and remained there until June 3, 1899, to endeavour to negotiate the liberation of the Spanish prisoners detained by Aguinaldo. They were kept under guard in the mountain districts, far away from the capital, in groups miles distant from each other. No one outside the rebel camp could ever ascertain the exact number of prisoners, which was kept secret. The strenuous efforts made by the Spaniards to secure their release are fully referred to in Chap. xxvi.

During this period of evacuation the natives in BalÁbac Island assassinated all the male Europeans resident there, the Spanish Governor, a lieutenant, and a doctor being among the victims. The European women were held in captivity for awhile, notwithstanding the peaceful endeavours to obtain their release, supported by the Datto Harun Narrasid, Sultan of Paragua and ex-Sultan of Sulu (vide p. 142). The place was then attacked by an armed force, without result, but eventually the natives allowed the women to be taken away.

Some of the Spanish soldiers and the civil servants concentrated in Zamboanga were carried direct to the Peninsula, viÁ the Straits of BalÁbac, in the steamers Buenos Aires, Isla de Luzon, and Cachemir, and from Manila many of them returned to their country in the s.s. LeonXIII. In conformity with the Treaty of Paris (Art. 5), little by little all the Spanish troops, temporarily prisoners of the United States in Manila, were repatriated.

The Philippine Republican Congress at Malolos had now (December 26, 1898) adjourned in great confusion. The deputies could not agree upon the terms of a Republican Constitution. They were already divided into two distinct parties, the Pacificos and the Irreconcilables. The latter were headed by a certain Apolinario Mabini (vide p. 546), a lawyer hitherto unknown, and a notorious opponent of Aguinaldo until he decided to take the field against the Americans. The Cabinet having resigned, Aguinaldo prudently left Malolos on a visit to Pedro A. Paterno, at Santa Ana, on the Pasig River.

At the end of the year 1898, after 327 years of sovereignty, all that remained to Spain of her once splendid Far Eastern colonial possessions were the Caroline, the Pelew, and the Ladrone Islands (vide p. 39), minus the Island of Guam. Under the treaty of peace, signed in Paris, the Americans became nominal owners of the evacuated territories, but they were only in real possession, by force of arms, of Cavite and Manila. The rest of the Archipelago, excepting Mindanao and the Sulu Sultanate, was virtually and forcibly held by the natives in revolt. At the close of 1898 the Americans and the rebels had become rival parties, and the differences between them foreboded either frightful bloodshed or the humiliation of the one or the other.

                                                                                                                                                                                                                                                                                                           

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