Mr. Thiébaut to Mr. Hay.
Washington, October 4, 1898.
Mr. Secretary of State: On different occasions, and especially by its notes of August 29 and of September 3 and 11, this embassy has had the honor to communicate to the Department of State various observations of the Spanish Government, having reference—
- 1.
- To the painful situation, at Guam, of the families of the Spanish officers of the garrison of the Marianas who were taken as prisoners to Cavite.
- 2.
- To the bad treatment suffered by the Spanish prisoners who have fallen into the hands of the Tagals.
- 3.
- To the necessity under which Spain is of using, in order to combat the progress of the insurrection in the Philippines, either the troops who have been rendered inactive in consequence of the capitulation of Manila, or troops sent directly from the Peninsula.
- 4.
- To the expeditions sent to various points of the archipelago by insurgent vessels armed for war and flying a flag which is not recognized by the maritime powers, which subjects them to being treated as pirates.
- 5.
- Finally, to Spain’s right to expect that, during the peace negotiations, her institutions will be integrally maintained at Manila, whose bay, city, and harbor are occupied by the American forces in virtue of the protocol of August 12, and not in virtue of the capitulation of the 14th of that month.
The minister of state at Madrid, to whom the replies made by your honorable predecessor in his notes of September 5, 6, and 16 were communicated, has just requested me to lay the following observations before you:
1. The Spanish Government rejects, as contrary to international law and to the history of wars between civilized countries, the theory which the Federal Government announced in its note of September 16 relative to the effects of the protocol of August 12 and the capitulation of the 14th of that month concerning the occupation of Manila.
2. In opposition to this theory the Spanish Government maintains that according to the terms of Article VI of the protocol any act of hostility committed subsequently to the signing of that instrument is morally without legal value. If the belligerent forces could not be at once notified of the agreement made, this was merely due to a material impossibility, owing to the cutting by the Federal authorities of [Page 816] the cable whereby telegraphic communication was maintained between Manila and Asia.
Under these circumstances the Spanish Government persists in its conviction that the capitulation of August 14 is null and void, and will consider it useless to make any reference thereto until certain acts of the American authorities at Manila shall come to its knowledge.
3. The Federal Government has expressed the opinion that it is unimportant whether the occupation of Manila originated in the protocol or the capitulation. The Spanish Government is unable to share this view. If the capitulation were really valid the United States would have all the rights which are conferred upon them by the clauses of that instrument; on the contrary, according to the terms of Article III of the protocol, the United States can not exercise, in the city, port, and bay of Manila, over which the sovereignty of Spain has not been relinquished, anything more than the jurisdiction which is indispensable to secure public order until the conclusion of the treaty of peace. Under these circumstances (as the Spanish Government remarked in paragraphs 2 and 4 of the note delivered to the Department of State by the ambassador of France on the 11th ultimo) the American authorities would not be justified in changing the laws, institutions of good order, the economical and fiscal regime established by Spain in the Philippines, or in devoting to other objects the customs revenues which have been set apart for the payment of legally contracted obligations.
4. According to recent information the Spanish prisoners who are in the hands of the Tagals continue to be subjected to the worst treatment, even in the territory occupied by the Americans. The Spanish Government is concerned about what the Federal Government proposes to do for the protection of these prisoners, and insists, in the name of humanity, that a stop be put to their sufferings.
The Spanish Government, moreover, renews the request which it has already made for the repatriation of the families of the officers of the garrison of the Marianas who were taken prisoners.
5. The Spanish Government has been informed that several insurgent vessels are navigating in the waters of the Visayas for the purpose of stirring up the natives of the country to rebellion, and that 1,500 Tagals have landed at Panay with sundry pieces of artillery. General Rios is obliged to oppose these rebels with insufficient forces. This information naturally causes deep anxiety to the Royal Government, and fully justifies the proposition made by the minister of state through this embassy (note of August 29, 1898), to transport to those points of the archipelago that are menaced by the insurrection either the troops who have been rendered inactive by the capitulation of Manila or troops sent directly from the Peninsula. The Spanish Government can but regret that the refusal of the United States to allow Spain to utilize her troops has contributed to the extension of the insurrection, and deems it to be its duty to refer to these facts in order that it may not be held responsible for the results.
In declining to entertain the double suggestion of the minister of state, the honorable Mr. Moore expressed himself in his note of September 5 as follows:
It would be unfortunate if any act should be done by either Government which might, in certain aspects, be inconsistent with the suspension of hostilities between the two nations, and which might necessitate the adoption of corresponding measures of precaution by the other Government.
Almost on the day following that on which the Royal Government received communication of this reply, various organs of the European press announced that the American armored vessels Oregon and Iowa were to be sent to Manila. The Government of Her Majesty refuses to believe that the United States Government has really resolved to increase its land and sea forces in the Philippines, after having opposed the measures which Spain proposed to take in order to repress, as is its right and its duty, the progress of the insurgents in its possessions. If, according to the aforesaid reply of the honorable Mr. Moore, a shipment of Spanish troops to General Rios, who is attacked by superior forces, appears to the Federal Government to be inconsistent with, the suspension of hostilities, is not the case the same with the shipment of reinforcements to Admiral Dewey, who is threatened by no enemy? In expressing the hope that each of the two Governments would abstain from any act that might “necessitate the adoption of corresponding measures of precaution by the other Government,” did not your honorable predecessor assume, in a manner, for the United States the engagement not to modify the status quo in any way? Under these circumstances, Her Majesty’s Government deems it to be its duty to cause a statement to be rectified which it can not but consider as being without foundation.
Be pleased to accept, Mr. Secretary of State, the assurances of my highest consideration.