The Story of the Philippines Part 44

Article I.--Spain renounces all right of sovereignty over Cuba. Whereas said isle when evacuated by Spain is to be occupied by the United States, the United States, while the occupation continues, shall take upon themselves and fulfill the obligations which, by the fact of occupation, international law imposes on them for the protection of life and property.

Article II.--Spain cedes to the United States the Island of Porto Rico and the other islands now under her sovereignty in the West Indies and the Isle of Guam in the archipelago of the Marianas or Ladrones.

Article III.--Spain cedes to the United States the archipelago known as the Philippine Islands, which comprise the islands situated between the following lines: A line which runs west to east near the twentieth parallel of north lat.i.tude across the center of the navigable ca.n.a.l of Bachi, from the 118th to the 127th degrees of longitude east of Greenwich, from here to the width of the 127th degree of longitude east to parallel 4 degrees 45 minutes of north lat.i.tude. From here following the parallel of north lat.i.tude 4 degrees 45 minutes to its intersection with the meridian of longitude 119 degrees 35 minutes east from Greenwich. From here following the meridian of 119 degrees 35 minutes east to the parallel of lat.i.tude 7 degrees 40 minutes north. From here following the parallel of 7 degrees 40 minutes north to its intersection with 116 degrees longitude east. From here along a straight line to the intersection of the tenth parallel of lat.i.tude north with the 118th meridian east, and from here following the 118th meridian to the point whence began this demarcation. The United States shall pay to Spain the sum of $20,000,000 within three months after the interchange of the ratifications of the present treaty.

Article IV.--The United States shall, during the term of ten years, counting from the interchange of the ratifications of the treaty, admit to the ports of the Philippine Islands Spanish s.h.i.+ps and merchandise under the same conditions as the s.h.i.+ps and merchandise of the United States.

Article V.--The United States, on the signing of the present treaty, shall transport to Spain at their cost the Spanish soldiers whom the American forces made prisoners of war when Manila was captured. The arms of these soldiers shall be returned to them. Spain, on the interchange of the ratifications of the present treaty, shall proceed to evacuate the Philippine Islands, as also Guam, on conditions similar to those agreed to by the commissions named to concert the evacuation of Porto Rico and the other islands in the Western Antilles according to the protocol of Aug. 12, 1898, which shall continue in force until its terms have been completely complied with. The term within which the evacuation of the Philippine Islands and Guam shall be completed shall be fixed by both Governments. Spain shall retain the flags and stands of colors of the wars.h.i.+ps not captured, small arms, cannon of all calibers, with their carriages and accessories, powders, munitions, cattle, material and effects of all kinds belonging to the armies of the sea and land of Spain in the Philippines and Guam. The pieces of heavy caliber which are not field artillery mounted in fortifications and on the coasts shall remain in their places for a period of six months from the interchange of the ratifications of the present treaty, and the United States may during that period buy from Spain said material if both Governments arrive at a satisfactory agreement thereon.

Article VI.--Spain, on signing the present treaty, shall place at liberty all prisoners of war and all those detained or imprisoned for political offences in consequence of the insurrections in Cuba and the Philippines and of the war with the United States. Reciprocally the United States shall place at liberty all prisoners of war made by the American forces, and shall negotiate for the liberty of all Spanish prisoners in the power of the insurgents in Cuba and the Philippines. The Government of the United States shall transport, at their cost, to Spain, and the Government of Spain shall transport, at its cost, to the United States, Cuba, Porto Rico and the Philippines, conformably to the situation of their respective dwellings, the prisoners placed or to be placed at liberty in virtue of this article.

Article VII.--Spain and the United States mutually renounce by the present treaty all claim to national or private indemnity, of whatever kind, of one Government against the other, or of their subjects or citizens against the other Government, which may have arisen from the beginning of the last insurrection in Cuba, anterior to the interchange of the ratifications of the present treaty, as also to all indemnity as regards costs occasioned by the war. The United States shall judge and settle the claims of its citizens against Spain which she renounces in this article.

Article VIII.--In fulfilment of Articles I., II. and III. of this treaty Spain renounces in Cuba and cedes in Porto Rico and the other West Indian isles, in Guam and the Philippine archipelago, all buildings, moles, barracks, fortresses, establishments, public roads and other real property which by custom or right are of the public domain, and as such belong to the crown of Spain. Nevertheless, it is declared that this renouncement or cession, as the case may be, referred to in the previous paragraph, in no way lessens the property or rights which belong by custom or law to the peaceful possessor of goods of all kinds in the provinces and cities, public or private establishments, civil or ecclesiastical corporations or whatever bodies have judicial personality to acquire and possess goods in the above-mentioned, renounced or ceded territories, and those of private individuals, whatever be their nationality.

The said renouncement or cession includes all those doc.u.ments which exclusively refer to said renounced or ceded sovereignty which exist in the archives of the peninsula. When these doc.u.ments existing in said archives only in part refer to said sovereignty, copies of said part shall be supplied, provided they be requested. Similar rules are to be reciprocally observed in favor of Spain with respect to the doc.u.ments existing in the archives of the before-mentioned islands. In the above-mentioned renunciation or cession are comprised those rights of the crown of Spain and of its authorities over the archives and official registers, as well administrative as judicial, of said islands which refer to them and to the rights and properties of their inhabitants. Said archives and registers must be carefully preserved, and all individuals, without exception, shall have the right to obtain, conformably to law, authorized copies of contracts, wills and other doc.u.ments which form part of notarial protocols or which are kept in administrative and judicial archives, whether the same be in Spain or in the islands above mentioned.

Article IX.--Spanish subjects, natives of the peninsula, dwelling in the territory whose sovereignty Spain renounces or cedes in the present treaty, may remain in said territory or leave it, maintaining in one or the other case all their rights of property, including the right to sell and dispose of said property or its produces; and, moreover, they shall retain the right to exercise their industry, business or profession, submitting themselves in this respect to the laws which are applicable to other foreigners. In case they remain in the territory they may preserve their Spanish nationality by making in a registry office, within a year after the interchange of the ratifications of this treaty, a declaration of their intention to preserve said nationality. Failing this declaration they will be considered as having renounced said nationality and as having adopted that of the territory in which they may reside. The civil rights and political status of the native inhabitants of the territories hereby ceded to the United States shall be determined by Congress.

Article X.--The inhabitants of the territories whose sovereignty Spain renounces or cedes shall have a.s.sured to them the free exercise of their religion.

Article XI.--Spaniards residing in the territories whose sovereignty Spain cedes or renounces shall be subject in civil and criminal matters to the tribunals of the country in which they reside, conformably with the common laws which regulate their competence, being enabled to appear before them in the same manner and to employ the same proceedings as the citizens of the country to which the tribunal belongs must observe.

Article XII.--Judicial proceedings pending on the interchange of the ratifications of this treaty in the territories over which Spain renounces or cedes sovereignty shall be determined conformably with the following rules: First, sentences p.r.o.nounced in civil cases between individuals or in criminal cases before the above-mentioned date, and against which there is no appeal or annulment conformably with the Spanish law, shall be considered as lasting, and shall be executed in due form by competent authority in the territory within which said sentences should be carried out. Second, civil actions between individuals which on the aforementioned date have not been decided shall continue their course before the tribunal in which the lawsuit is proceeding or before that which shall replace it. Third, criminal actions pending on the aforementioned date before the supreme tribunal of Spain against citizens of territory which, according to this treaty, will cease to be Spanish, shall continue under its jurisdiction until definite sentence is p.r.o.nounced, but once sentence is decreed its execution shall be intrusted to competent authority of the place where the action arose.

Article XIII.--Literary, artistic and industrial rights of property acquired by Spaniards in Cuba, Porto Rico, the Philippines and other territories ceded on the interchange of ratifications of this treaty shall continue to be respected. Spanish scientific, literary and artistic works which shall not be dangerous to public order in said territories shall continue entering therein with freedom from all customs duties for a period of ten years dating from the interchange of the ratifications of this treaty.

Article XIV.--Spain may establish consular agents in the ports and places of the territories whose renunciation or cession are the object of this treaty.

Article XV.--The Government of either country shall concede for a term of ten years to the merchant s.h.i.+ps of the other the same treatment as regards all port dues, including those of entry and departure, lighthouse and tonnage dues, as it concedes to its own merchant s.h.i.+ps not employed in the coasting trade. This article may be repudiated at any time by either Government giving previous notice thereof six months beforehand.

Article XVI.--Be it understood that whatever obligation is accepted under this treaty by the United States with respect to Cuba is limited to the period their occupation of the island shall continue, but at the end of said occupation they will advise the Government that may be established in the island that it should accept the same obligations.

Article XVII.--The present treaty shall be ratified by the Queen Regent of Spain and the President of the United States, in agreement and with the approval of the Senate, and ratifications shall be exchanged in Was.h.i.+ngton within a period of six months from this date or earlier if possible.

The treaty of peace will he ratified by the Senate. It appears before ratification, as was the case of the protocol, through the favor of the French translations. The treaty fitly crowns the triumphs of the war. The payment of the small indemnity of twenty million dollars only covers at a reasonable estimate the public property of Spain, in territory ceded to us, that was beyond the lines of the areas that formally submitted to our arms.

CHAPTER XXVIII

Battles with the Filipinos before Manila.

The Aguinaldo War Upon the Americans--The Course of Events in the Philippines Since the Fall of Manila--Origin of the Filipino War--Aguinaldo's Insolent and Aggressive Acts, Including Treachery--His Agent's Vanity and Duplicity in Was.h.i.+ngton--Insurgents Under Aguinaldo Attack American Forces--Battle of Manila, February 4 and 5--Heroism of American Troops in Repelling the Insurgents--Aguinaldo's Proclamations--Agoncillo's Flight to Canada--The Ratification of the Treaty of Peace With Spain by the American Senate Followed the Fighting--The Gallantry and Efficiency of the American Volunteers--Another Glorious Chapter of Our War History.

When Manila fell, August 13th, the insurgents made demonstrations of their purpose to insist upon the occupation of the city as part of their business, and were so excited by the prohibition of the indulgence of their pa.s.sion for looting and revenge, that they fired several volleys in the direction of the Americans. The way they were prevented from executing their purposes is stated in the 10th chapter of this volume,--"The Official History of the Conquest of Manila." The Filipino forces were excluded from the city unless unarmed, and Aguinaldo made various claims to high consideration, a.s.serting that the Spaniards could have escaped from the city if it had not been for his army. He was, in his conversations before the destruction of the Spanish fleet, and while he was on his way to Cavite, a professed friend of the annexation of the Philippines to the United States, and constantly a very voluble creature. The American Consul at Manila, writing from Manila Bay, opposite to the city, May 12th, 1898, said:

"These natives are eager to be organized and led by United States officers, and the members of their cabinet visited me and gave a.s.surance that all would swear allegiance to and cheerfully follow our flag. They are brave, submissive, and cheaply provided for.

"To show their friendliness for me as our nation's only representative in this part of the world, I last week went on sh.o.r.e at Cavite with British Consul, in his launch, to show the destruction wrought by our fleet. As soon as natives found me out, they crowded around me, hats off, shouting "Viva los Americanos," thronged about me by hundreds to shake either hand, even several at a time, men, women, and children striving to get even a finger to shake. So I moved half a mile, shaking continuously with both hands. The British Consul, a smiling spectator, said he never before saw such an evidence of friends.h.i.+p. Two thousand escorted me to the launch amid hurrahs of good feeling for our nation, hence I must conclude."

Nov. 3, 1897, the American Consul at Hong Kong gave this account of Mr. Agoncillo, who is an interesting person because of his celebrity for insistent and vain letters written at Was.h.i.+ngton, and his flight to Canada when the Filipinos attacked the Americans at Manila:

Mr. Wildman to Mr. Day.

No. 19.]

Hongkong, November 3, 1897.

Sir: Since my arrival in Hongkong I have been called upon several times by Mr. F. Agoncillo, foreign agent and high commissioner, etc., of the new republic of the Philippines.

Mr. Agoncillo holds a commission, signed by the president, members of cabinet, and general in chief of the republic of Philippines, empowering him absolutely with power to conclude treaties with foreign governments.

Mr. Agoncillo offers on behalf of his government alliance offensive and defensive with the United States when the United States declares war on Spain, which, in Mr. Agoncillo's judgment, will be very soon. In the meantime he wishes the United States to send to some port in the Philippines 20,000 stand of arms and 200,000 rounds of ammunition for the use of his government, to be paid for on the recognition of his government by the United States. He pledges as security two provinces and the custom-house at Manila.

He is not particular about the price--is willing the United States should make 25 per cent or 30 per cent profit.

He is a very earnest and attentive diplomat and a great admirer of the United States.

On his last visit he surprised me with the information that he had written his government that he had hopes of inducing the United States to supply the much-needed guns, etc.

In case Senor Agoncillo's dispatch should fall into the hands of an unfriendly power and find its way into the newspapers, I have thought it wise to apprise the State Department of the nature of the high commissioner's proposals.

Senor Agoncillo informs me by late mail that he will proceed at once to Was.h.i.+ngton to conclude the proposed treaty, if I advise.

I shall not advise said step until so instructed by the State Department.

I have the honor to be, sir, your obedient servant,

_Rounseville Wildman_, Consul.

The offensive impertinence of Mr. Agoncillo is quite conspicuous in this consular communication. On the money question he was very peculiar.

Mr. Wildman was instructed by a.s.sistant Secretary Cridler to "briefly advise Mr. Agoncillo" that the United States "does not negotiate such treaties," and that he "should not encourage any advances on the part of Mr. Agoncillo." Mr. Wildman busied himself with sending tenders of allegiance to the United States from influential families of Manila.

Mr. Williams cabled the following:

Manila, September 5, 1898, (Received 10.20 a.m.)

To-day delegation from 4,000 Viscayan soldiers, also representing southern business interests, came to me pledging loyalty to annexation. Several insurgent leaders, likewise. Spain can not control; if we evacuate, anarchy rules. _Williams._

Mr. Wildman, writing from Hongkong, July 18th, said:

"I believe I know the sentiments of the political leaders and of the moneyed men among the insurgents, and, in spite of all statements to the contrary, I know that they are fighting for annexation to the United States first, and for independence secondly, if the United States decides to decline the sovereignty of the islands. In fact I have had the most prominent leaders call on me and say they would not raise one finger unless I could a.s.sure them that the United States intended to give them United States citizens.h.i.+p if they wished it."

August 9th, Mr. Wildman gave the following character sketch of Aguinaldo, writing of the position Consul Williams, of Manila, and himself took toward the insurgents, says:

"I tried to briefly outline the position Consul Williams and myself have taken toward the insurgents. We believed that they were a necessary evil, and that if Aguinaldo was placed in command, and was acceptable to the insurgents as their leader, that Admiral Dewey or General Merritt would have some one whom they could hold responsible for any excesses. The other alternative was to allow the entire islands to be overrun by small bands bent only on revenge and looting. We considered that Aguinaldo had more qualifications for leaders.h.i.+p than any of his rivals. We made him no pledges and extracted from him but two, viz., to obey unquestioning the commander of the United States forces in the Philippine Islands, and to conduct his warfare on civilized lines. He was in and out of the consulate for nearly a month, and I believe I have taken his measure and that I acquired some influence with him. I have striven to retain his influence and have used it in conjunction with and with the full knowledge of both Admiral Dewey and Consul Williams.