Mr. Day to the President.

[Telegram.]

At our first meeting to-day the Spanish Commissioners, by instruction of their Government, presented as preliminary to any discussion of a treaty a written communication basing on Article VI of the protocol a demand that the American Commissioners join them in declaring that the status quo in the Philippine Islands existing at the time of the signing of the protocol must be immediately restored by the contracting party that may have altered it or have consented or failed to prevent its alteration to the prejudice of the other. Spanish communication represents that status quo has been altered and continues to be altered to prejudice of Spain by Tagalo rebels, whom it describes as an auxiliary force to the regular American troops, and demands that Commissioners jointly declare that American authorities in Philippine Islands must at once proceed completely to restore status quo in territories they occupy and refrain from preventing restoration thereof [Page 917] by Spain in territory not occupied by United States. Spanish Commissioners ask for an answer on Monday next.

We propose to reply that these demands having been presented to the Government of the United States, were answered by notes of the Department of State to French embassy of September 5 and 16, and that any further demands as to military operations in the Philippine Islands must be addressed to Government at Washington, ancl consequently that we can not join in the proposed declarations. We await instructions.

Day.