Mr. Day to Mr. Adee.
(For the President. Special.)
Telegram of November 3 from Secretary of State received. We have not yielded the claim by a right of conquest. Telegram to you on that subject was on the afternoon of discussion with Spanish Commissioners. We shall not foreclose important matters without advising you. We are doing all in our power to secure treaty in accordance with your views. In the opinion of a majority of the Commission we shall not promote this end by putting forward claim that Manila was taken by conquest on May 1. Subsequent military operations and capitulation no less than mutual acceptance of protocol preclude making demand upon that ground. Our opinion as to ineffectiveness of capitulation after protocol has already been stated.
Day.
I think we can demand cession of the entire archipelago on other and more valid grounds than a perfected territorial conquest of the Philippine Islands, such as indemnity or as conditions of peace imposed by our general military success and in view of our future security and general welfare, commercial and otherwise. I think the protocol admits all these grounds and that the ground alone of perfected territorial conquest of the Philippine Islands is too narrow and untenable under protocol.