Chapter 13

The collectors of the subports shall deposit all moneys collected by them with the collector of the islands, and a receipt from the collector of the islands must be taken in duplicate for all such deposits.

There shall be appointed an auditor, who shall be stationed at the chief port, whose duty it shall be to examine all entries of merchandise and if found correct to certify to them. Such auditor shall on the first of each month make a full and complete report, duly certified, to the Secretary of War of all duties collected at each port, with an itemized report of all expenditures made therefrom, which shall be referred to the Auditor for the War Department for audit.

All questions arising in the administration of customs in the islands shall be referred to the collector of the islands at the chief port for decision, from which there shall be no appeal, except in such cases as may be referred by the collector of the islands to the Secretary of War for his decision.

WILLIAM McKINLEY.

EXECUTIVE MANSION, _Washington, December 21, 1898_.

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 instant, and as the result of the victories of American arms, the future control, disposition, and government of the Philippine Islands are 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 become 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 dispatch 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 security 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 by honest submission, cooperate with the Government of the United States to give effect to these beneficent 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 practicable. 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 duly 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 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 measure of individual rights and liberties which is the heritage of free peoples, and by proving to them that the mission of the United States is one of benevolent assimilation, substituting the mild sway of justice and 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 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.

ADJUTANT-GENERAL'S OFFICE, _Washington, December 21, 1898_.

General OTIS, _Manila_:

Answering your message of December 14, the President directs that you send necessary troops to Iloilo to preserve the peace and protect life and property. It is most important that there should be no conflict with the insurgents. Be conciliatory, but firm.

By order of the Secretary War:

CORBIN.

EXECUTIVE MANSION, _Washington, December 22, 1898_.

Until otherwise ordered no grants or concessions of public or corporate rights or franchises for the construction of public or _quasi_ public works, such as railroads, tramways, telegraph and telephone lines, water works, gas works, electric-light lines, etc., shall be made by any municipal or other local governmental authority or body in Cuba, except upon the approval of the major-general commanding the military forces of the United States in Cuba, who shall before approving any such grant or concession be so especially authorized by the Secretary of War.

WILLIAM McKINLEY.

[Similar orders applying to Puerto Rico and to the Philippines were issued.]

EXECUTIVE MANSION, _Washington, December 22, 1898_.

The SECRETARY OF WAR:

* * * * *

The major-general commanding the United States forces in Cuba and the senior naval officer of the American fleet in the port of Havana are directed to observe such arrangements and ceremonies for the evacuation of Havana, to take place on January 1, 1899, as may be communicated to them by the United States commissioners on evacuation. They will aid in carrying out such arrangements.

WILLIAM McKINLEY.

ADJUTANT-GENERAL'S OFFICE, _Washington, January 1, 1899--4.30 p.m._

General OTIS, _Manila_:

The President considers it of first importance that a conflict brought on by you be avoided at this time, if possible. Can not Miller get into communication with insurgents, giving them President's proclamation and informing them of the purposes of the Government, assuring them that while it will assert its sovereignty its purpose is to give them a good government and security in their personal rights.

By order Secretary War:

CORBIN.

EXECUTIVE MANSION, _Washington, January 20, 1899._

The SECRETARY OF STATE:

My communication to the Secretary of War dated December 21, 1898,[33] declares the necessity of extending the actual occupation and administration of the city, harbor, and bay of Manila to the whole of the territory which by the treaty of Paris, signed on December 10, 1898, passed from the sovereignty of Spain to the sovereignty of the United States and the consequent establishment of military government throughout the entire group of the Philippine Islands.

While the treaty has not yet been ratified, it is believed that it will be by the time of the arrival at Manila of the commissioners named below. In order to facilitate the most humane, specific, and effective extension of authority throughout these islands and to secure with the least possible delay the benefits of a wise and generous protection of life and property to the inhabitants, I have named Jacob G. Schurman, Rear-Admiral George Dewey, Major-General Elwell S. Otis, Charles Denby, and Dean C. Worcester to constitute a commission to aid in the accomplishment of these results.

In the performance of this duty the commissioners are enjoined to meet at the earliest possible day in the city of Manila and to announce by a public proclamation their presence and the mission intrusted to them, carefully setting forth that while the military government already proclaimed is to be maintained and continued so long as necessity may require, efforts will be made to alleviate the burdens of taxation, to establish industrial and commercial prosperity, and to provide for the safety of persons and of property by such means as may be found conducive to these ends.

The commissioners will endeavor, without interference with the military authorities of the United States now in control of the Philippines, to ascertain what amelioration in the condition of the inhabitants and what improvements in public order may be practicable, and for this purpose they will study attentively the existing social and political state of the various populations, particularly as regards the forms of local government, the administration of justice, the collection of customs and other taxes, the means of transportation, and the need of public improvements.

They will report through the State Department, according to the forms customary or hereafter prescribed for transmitting and preserving such communications, the results of their observations and reflections, and will recommend such executive action as may from time to time seem to them wise and useful.

The commissioners are hereby authorized to confer authoritatively with any persons resident in the islands from whom they may believe themselves able to derive information or suggestions valuable for the purposes of their commission, or whom they may choose to employ as agents, as may be necessary for this purpose.

The temporary government of the islands is intrusted to the military authorities, as already provided for by my instructions to the Secretary of War of December 21, 1898,[34] and will continue until Congress shall determine otherwise. The commission may render valuable services by examining with special care the legislative needs of the various groups of inhabitants and by reporting, with recommendations, the measures which should be instituted for the maintenance of order, peace, and public welfare, either as temporary steps to be taken immediately for the perfection of present administration or as suggestions for future legislation.

In so far as immediate personal changes in the civil administration may seem to be advisable, the commissioners are empowered to recommend suitable persons for appointment to these offices from among the inhabitants of the islands who have previously acknowledged their allegiance to this Government.

It is my desire that in all their relations with the inhabitants of the islands the commissioners exercise due respect for all the ideals, customs, and institutions of the tribes and races which compose the population, emphasizing upon all occasions the just and beneficent intentions of the Government of the United States.

It is also my wish and expectation that the commissioners may be received in a manner due to the honored and authorized representatives of the American Republic, duly commissioned, on account of their knowledge, skill, and integrity, as bearers of the good will, the protection, and the richest blessings of a liberating rather than a conquering nation.

WILLIAM McKINLEY.

[Footnote 33: See pp. 219-221.]

[Footnote 34: See pp. 219-221.]