_Article_ 13.--The rights of property secured by copyrights and patents acquired by Spaniards in the Island of Cuba and in Porto Rico, the Philippines and other ceded territories, at the time of the exchange of the ratifications of this treaty, shall continue to be respected. Spanish scientific, literary and artistic works, not subversive of public order in the territories in question, shall continue to be admitted free of duty into such territories, for the period of ten years, to be reckoned from the date of the exchange of the ratifications of this treaty.

_Article_ 14.--Spain will have the power to establish Consular officers in the ports and places of the territories, the sovereignty over which has been either relinquished or ceded by the present treaty.

_Article_ 15.--The Government of each country will, for the term of ten years, accord to the merchant vessels of the other country the same treatment in respect of all port charges, including entrance and clearance dues, light dues, and tonnage duties, as it accords to its own merchant vessels, not engaged in the coastwise trade. This article may at any time be terminated on six months' notice given by either Government to the other.

_Article_ 16.--It is understood that any obligations a.s.sumed in this treaty by the United States with respect to Cuba are limited to the time of its occupancy thereof; but it will, upon the termination of such occupancy, advise any Government established in the Island to a.s.sume the same obligations.

_Article_ 17.--The present treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by Her Majesty the Queen-Regent of Spain; and the ratifications shall be exchanged at Washington within six months from the date hereof, or earlier if possible.

In faith whereof, we, the respective Plenipotentiaries, have signed this treaty and have hereunto affixed our seals.

Done in duplicate at Paris, the 10th day of December, in the year of our Lord 1898.

_William R. Day_.

_Cushman K. Davis_.

_William P. Frye_.

_Geo. Gray_.

_Whitelaw Reid_.

_Eugenio Montero Rios_.

_B. de Abarzuza_.

_J. de Garnica_.

_W. R. de Villa-Urrutia_.

_Rafael Cerero_.

Two years afterwards a supplementary treaty was made between the United States and Spain, whereby the Islands of Cagayan de Jolo, Sibutu, and other islets not comprised in the demarcation set forth in the Treaty of Paris, were ceded to the United States for the sum of $100,000 gold. These small islands had, apparently, been overlooked when the Treaty of Paris was concluded.

CHAPTER XXIV

An Outline of the War of Independence, Period 1899-1901

"I speak not of forcible annexation because that is not to be thought of, and under our code of morality that would be criminal aggression."--_President McKinley's Message to Congress_; _December_, 1897.

"The Philippines are ours as much as Louisiana by purchase, or Texas or Alaska."--_President McKinley's Speech to the 10th Pennsylvania Regiment; August_ 28, 1899.

_Ignorance_ of the world's ways, beyond the Philippine sh.o.r.es, was the cause of the Aguinaldo party's first disappointment. A score of pamphlets has been published to show how thoroughly the Filipinos believed America's mission to these Islands to be solely prompted by a compa.s.sionate desire to aid them in their struggle for immediate sovereign independence. Laudatory and congratulatory speeches, uttered in British colonies, in the presence of American officials, and hope-inspiring expressions which fell from their lips before Aguinaldo's return to Cavite from exile, strengthened that conviction. Sympathetic avowals and grandiloquent phrases, such as "for the sake of humanity," and "the cause of civilization," which were so freely bandied about at the time by unauthorized Americans, drew Aguinaldo into the error of believing that some sort of bond really existed between the United States and the Philippine Revolutionary Party. In truth, there was no agreement between America and the Filipinos. There was no American plenipotentiary empowered to make any political compact with the Islanders. At that date there was neither a Philippine policy nor any fixed programme regarding the future disposal of the Islands, and whatever naval, military, or other officers might have said to Aguinaldo was said on their own private responsibility, and could in no way affect the action of the American Government. Without any training in or natural bent for diplomacy, Aguinaldo had not the faintest idea of what foreign "protection"

signified. He thought that after the capture of Manila the Americans would sail away and leave the Filipinos to themselves, and only reappear if any other Power interfered with their native government.

Admiral Dewey had a double task to perform. He had to destroy the Spanish fleet, and to co-operate in the taking of Manila. In the destruction of the fleet the att.i.tude of the natives was of little concern to him. In the taking of the capital it was important to know what part the natives would play. It was certain they would not be placid spectators of the struggle, wherever Aguinaldo might be. If they _must_ enter into it, it was desirable to have them led by one who could control them and repress excesses. It would have been better for the Americans if, pending the issue with the Spaniards, no third party had existed; but, as it did exist, both contending nations were anxious for its goodwill or its control. Therefore Admiral Dewey's recognition of Aguinaldo as a factor in the hostilities was nothing more nor less than a legitimate stratagem to facilitate his operations against the Spaniards. Dewey simply neutralized a possible adverse force by admissible military artifice, and Aguinaldo was too ingenuous to see that he was being outwitted. The fighting section of the Filipinos was intensely irritated at not having been allowed to enter and sack the capital. They had looked forward to it as the crowning act of victory. The general ma.s.s of the christianized Islanders hoped that Philippine independence would immediately follow the capitulation of Manila, although, in the capital itself, natives of position and property evinced little enthusiasm for the insurgents' triumph, whilst some inwardly doubted it. In September a native lawyer, Felipe Agoncillo, was sent to Washington to lay the Filipinos' case before the President in the hope of gaining his personal support of their claims (_vide_ p. 472). The first fear was that the Colony might revert to Spain, but that idea was soon dispelled by the news of the stipulations of the Treaty of Paris. Simultaneously Aguinaldo's revolutionary army was being pushed farther and farther away from the capital, and it was evident, from the mood of his fighting-men, that if the Americans remained in possession of the Colony, hostilities, sooner or later, must break out. The Americans officially ignored the Aguinaldo party as a factor in public affairs, but they were not unaware of the warlike preparations being made. Secret anti-American meetings were held at places called clubs, where it was agreed to attack simultaneously the Americans inside and outside the capital. General Pio del Pilar slept in the city every night, ready to give the rocket-signal for revolt. Natives between 18 and 40 years of age were being recruited for military service, according to a Malolos Government decree dated September 21, 1898. In every smithy and factory bowie-knives were being forged with all speed, and 10,000 men were already armed with them. General E. S. Otis was willing to confer with Aguinaldo, and six sessions were held, the last taking place on January 29, six days before the outbreak. Nothing resulted from these conferences, the Americans alleging that Aguinaldo would make no definite statement of his people's aims, whilst the Filipinos declare that their intentions were so well understood by the American general that he would listen to nothing short of unconditional submission.

The following manifesto, dated January 5, signed by Emilio Aguinaldo, clearly shows the att.i.tude of the Revolutionary Party at this period:--

_To My Brethren the Filipinos, and to All the Respected Consuls and Other Foreigners_:--

General Otis styles himself Military Governor of these Islands, and I protest one and a thousand times and with all the energy of my soul against such authority. I proclaim solemnly that I have not recognized either in Singapore or in Hong-Kong or in the Philippines, by word or in writing, the sovereignty of America over this beloved soil. On the contrary, I say that I returned to these Islands on an American warship on the 19th of May last for the express purpose of making war on the Spaniards to regain our liberty and independence. I stated this in my proclamation of the 24th of May last, and I published it in my Manifesto addressed to the Philippine people on the 12th of June. Lastly, all this was confirmed by the American General Merritt himself, predecessor of General Otis, in his Manifesto to the Philippine people some days before he demanded the surrender of Manila from the Spanish General Jaudenes. In that Manifesto it is distinctly stated that the naval and field forces of the United States had come to give us our liberty, by subverting the bad Spanish Government. And I hereby protest against this unexpected act of the United States claiming sovereignty over these Islands. My relations with the American authorities prove undeniably that the United States did not bring me over here from Hong-Kong to make war on the Spaniards for their benefit, but for the purpose of our own liberty and independence. . . .

_Emilio Aguinaldo_.

Aguinaldo having been successively Dictator and President of the Revolutionary Government (_vide_ p. 448), now a.s.sumed the new t.i.tle of President of the _Philippine Republic_, the Articles of Const.i.tution of which (drawn up by his Prime Minister Apolinario Mabini) were dated January 21, 1899, and promulgated by him on the following day. In due course the news came that the date of voting in the Senate for or against the retention of the Islands was fixed. The Americans already in the Colony were practically unanimous in their desire for its retention, and every effort was made by them to that end. The question of the treaty ratification was warmly discussed in Washington. A week before the vote was taken it was doubtful whether the necessary two-thirds majority could be obtained. It was a remarkable coincidence that just when the Republican Party was straining every nerve to secure the two or three wavering votes, the first shots were exchanged between a native and an American outpost in the suburbs of the capital. Each side accuses the other of having precipitated hostilities. However that may be, this event took place precisely at a date when the news of it in Washington served to secure the votes of the hesitating senators in favour of retention. [208]

The provocative demeanour of the insurgents at the outposts was such that a rupture was inevitable sooner or later, and if a Senate vote of abandonment had come simultaneously with insurrection, the situation would have been extremely complicated; it would have been difficult for the Oriental not to have believed that the invader was nervously beating a retreat. The Nebraska Regiment was at Santa Mesa, guarding its front. Americans were frequently insulted, called cowards, and openly menaced by the insurgents. In the evening of Sat.u.r.day, February 4, 1899, an insurgent officer came with a detail of men and attempted to force his way past the sentinel on the San Juan bridge. About nine o'clock a large body of rebels advanced on the South Dakota Regiment's outposts, and to avoid the necessity of firing, for obvious reasons, the picquets fell back. For several nights a certain insurgent lieutenant had tried to pa.s.s the Nebraska lines. At length he approached a sentinel, who called "halt" three times without response, and then shot the lieutenant dead. Several insurgents then fired and retreated; rockets were at once sent up by the Filipinos, and firing started all along the line, from Caloocan to Santa Mesa. By ten o'clock the Filipinos concentrated at Caloocan, Santa Mesa, and Gagalanging, whence they opened a simultaneous, but ineffectual, fusillade, supplemented by two siege guns at Balichalic and a skirmishing attack from Pandacan and Paco. Desperate fighting continued throughout the night; the Filipinos, driven back from every post with heavy loss, rallied the next morning at Paco, where they occupied the parish church, to which many non-combatant refugees had fled. The American warships, co-operating with their batteries, poured a terrific fire on the church, and kept up a continuous attack on the insurgent position at Caloocan, where General Aguinaldo was in command. At daylight the Americans made a general advance towards Paco and Santa Ana. At the former place the Filipinos resisted desperately; the church, sheltering refugees and insurgents, was completely demolished; [209] the Filipinos' loss amounted to about 4,000 killed and wounded, whilst the Americans lost about 175 killed and wounded. It is estimated that the approximate number of troops engaged in this encounter was 13,000 Americans and 20,000 Filipinos. The insurgents at Santa Ana, the survivors of the Paco defeat, and the force which had to abandon the Santolan water-works, where they left behind them a howitzer, all concentrated at Caloocan. The insurgent and American lines formed a semicircle some 15 miles in extent, making it impossible to give a comprehensive description of the numerous small engagements.

Immediately the news of the rupture reached Washington the Philippine Envoy, Felipe Agoncillo, fled to Montreal, Canada, in a great hurry, leaving his luggage behind. No one was troubling him, and there was not the least need for such a precipitate flight from a country where civilized international usages obtain. On February 5 an engagement took place at Gagalanging, where the natives collected in the hundreds of bungalows around that village awaiting the advance of the Oregon Regiment. Amongst the spectators was the German Prince Ludwig von Lowenstein. The Americans continued advancing and firing, when suddenly the prince ran across an open s.p.a.ce and took shelter in a hut which he must have known would be attacked by the Oregons. The order was given to fire into the native dwellings giving cover to the insurgents, and the prince's dead body was subsequently found perforated by a bullet. In his pocket he carried a pa.s.s issued by Aguinaldo conceding to the bearer permission to go anywhere within the insurgent lines, and stating that he was a sympathizer with their cause. It was noticed that the prince several times deliberately threw himself into danger. No one could ascertain exactly in what capacity he found himself near the fighting-line. Less than two years previously he had married the daughter of an English earl, and the popular belief was that, for private reasons, he intentionally courted death.

The rebels were repulsed at every point with great loss. Lines of smoke from the burning villages marked the direction taken by the Americans advancing under the leadership of Generals Otis, Wheaton, Hale, and Hall. An immense amount of impedimenta in the shape of pontoons, telegraph posts and wires, ammunition, and provisions followed the infantry in perfect order. On the line taken by the troops many native householders hoisted white flags to indicate their peaceful intentions. Ambulances were frequently seen coming in with the wounded Americans and Filipinos, and among them was brought the chief of an Igorrote tribe with a broken thigh. His tribe, who had been persuaded by Aguinaldo to bring their bows and arrows to co-operate with him, were placed in the front and suffered great slaughter. In hospital the Igorrote chief spoke with much bitterness of how he had been deceived, and vowed vengeance against the Tagalogs. The next day at Caloocan the rebels made a determined stand, but were driven out of the place by 10-inch sh.e.l.ls fired from the _Monadnock_ over the American lines. General Hall occupied Santolan and the pumping-station there and repelled the repeated attacks made on his column. General McArthur with a flying column cleared the surrounding district of the enemy, but owing to the roughness of the country he was unable to pursue them. Aguinaldo was therefore able to escape north with his army, reinforced by native troops who had been trained in Spanish service. There was also a concentration of about 2,500 natives from the southern Luzon provinces. The insurgents had cut trenches at almost every mile along the route north. In the several skirmishes which took place on March 25 the Americans lost one captain and 25 men killed and eight officers and 142 men wounded. The next day there was some hard fighting around Polo and Novaliches, where the insurgents held out for six hours against General McArthur's three brigades of cavalry and artillery. After the defeat at Paco, Aguinaldo moved on to the town of Malabon, which was sh.e.l.led; the enemy therefore immediately evacuated that place in great confusion, after setting fire to the buildings. Over 1,000 men, women, and children hastened across the low, swampy lands carrying their household goods and their fighting-c.o.c.ks; it was indeed a curious spectacle. General Wheaton's brigade captured Malinta, and the insurgents fled panic-stricken after having suffered severely. The American loss was small in numbers, but Colonel Egbert, of the 22nd Infantry, was mortally wounded whilst leading a charge. As he lay on the litter in the midst of the fight General Wheaton cheered him with the words, "n.o.bly done, Egbert!" to which the dying colonel replied, "Good-bye, General; I'm done; I'm too old," and at once expired.

In March the natives tried to burn down one of the busiest Manila suburbs. At 8 o'clock one evening they set fire to the Chinese quarters in Santa Cruz, and the breeze rapidly wafted the flames. The conflagration lasted four hours. The English Fire-Brigade turned out to quench it. Hundreds of Chinese laden with chattels hurried to and fro about the streets; natives rushed hither and thither frantically trying to keep the fire going whilst the whites were endeavouring to extinguish it; and with the confusion of European and Oriental tongues the place was a perfect pandemonium. General Hughes was at the head of the police, but the surging mob pressed forward and cut the hose five times. With fixed bayonets the troops partially succeeded in holding back the swelling crowd. The electric wires got out of working order, and the city was lighted only by the glare of the flaming buildings. Bullets were flying in all directions about Tondo and Binondo. The intense excitement was intentionally sustained by batches of natives who rushed hither and thither with hideous yells to inspire a feeling of terror. Many families, fearing that the insurgents had broken through the American lines and entered the city _en ma.s.se_, frantically fled from the hotels and houses. Incessant bugle-calls from the natives added to the commotion, and thousands of Chinese crowded into the Chinese Consulate. Finally the rioters were driven back, and a cordon of troops a.s.sured the safety of the capital. Sharp engagements simultaneously took place at the Chinese cemetery and at San Pedro Macati. Bands of insurgents were arrested in Tondo. A group of 60 was captured escorting two cartloads of arms and ammunition to a house. Business was almost entirely suspended, and a general order was issued by the Military Governor commanding all civilians to remain in their houses after 7 p.m. This hour was gradually extended to 8 o'clock, then 9 o'clock, and finally to midnight, as circ.u.mstances permitted. An edict was posted up fixing the penalties for incendiarism. During two days smoke hovered around the neighbourhood, and the appearance of Manila from the bay was that of a smouldering city.

In the fighting up country, one of the greatest difficulties for the Americans was that the insurgents would not concentrate and have a decisive contest. They would fire a few volleys from cover and retreat to other cover, repeating these hara.s.sing, but inconclusive, tactics over many miles of ground. On their march the Americans had to fight a hidden foe who slipped from trench to trench, or found safety in the woods. Sometimes a trenchful of the enemy would fire a volley and half of them disappear through gullies leading to other cover. The next point of importance to be reached was Malalos, and on the way some thirty villages had to be pa.s.sed. Besides the volleys delivered by hidden insurgents all along the line, a hard-fought battle took place on March 28 under the personal direction of General Aguinaldo, who concentrated about 5,000 men near Marilao. Aguinaldo directed the movements without appearing on the field; indeed it is doubtful whether, during this war, he ever led his troops into action. General McArthur's division had halted at Meycauayan the previous night, and in the morning advanced north in conjunction with General Hale's brigade, which took the right, whilst General Otis led his troops to the left of the railroad, General Wheaton's brigade being held in reserve. After a three-mile march these forces fell in with the enemy, who opened fire from trenches and thickets; but General Otis's troops charged them gallantly and drove them back across the river. There the insurgents rallied, relying upon the splendid trenches which they had dug. The battle raged for three hours, the combatants being finally within fifty yards of each other. Eventually the American artillery came into play, when the advanced works of the insurgent defences were literally pulverized and the general rout of the enemy began. They retreated to their second stronghold of bamboo thickets, pursued by the 1st South Dakota Infantry, which made a brilliant charge in the open, under a galling fire, with a loss of three lieutenants and seven men killed on the field and about a score wounded. The insurgents, however, were completely defeated and scattered, leaving 85 dead counted in the trenches and thickets, and a hundred prisoners in the hands of the Americans. Before abandoning Marilao the insurgents burnt the town to the ground and continued their hurried flight to Malolos. They had plenty of time to rally, for the Americans found great difficulty in bringing their artillery across the river at Guiguinto. It had to be drawn over the railway bridge by hand whilst the mules swam across to the northern bank, all being, at the same time, under a desultory fire from the enemy. The resistance of the Filipinos to the pa.s.sage of the river at Guiguinto was so stubborn that the Americans lost about 70 killed and wounded. At 6 a.m. the Americans started the advance towards Malolos in the same order taken for the march to Marilao, General Hale's brigade taking the right and General Otis's the left of the railroad. Several skirmishes took place on the way and General Wheaton brought his reserves forward into the general advance. At Bocaue the river presented the same difficulties for artillery transport as were experienced at Guiguinto, except that the enemy was nowhere to be seen. Bigaa was reached and not an armed native was in sight, all having apparently concentrated in the insurgent capital, Malolos. The American casualties that day, due solely to the morning skirmishes, amounted to four killed and thirty wounded.

It is apparent, from the official despatches, that at this time the American generals seriously believed the Aguinaldo party would acknowledge its defeat and make peace if Malolos, the revolutionary seat of government, fell. All that was going on in Manila was well known to the insurgents in the field, as the news was brought to them daily by runners who were able to enter the city during daylight without interference. On March 30 General McArthur's division resumed the advance and brought up the baggage trains, after having repaired the several bridges damaged by the enemy. The environs of Malolos were reconnoitred up to within a mile of the town, and the dead bodies of insurgent soldiers were seen scattered here and there. Groups of hundreds of non-combatants were hurrying off from the beleaguered insurgent capital. General Otis's brigade pushed forward without any encounter with the enemy, but General Hale's column, which continued to take the right side of the railway, was fired upon from the woods, the total casualties that day being five killed and 43 wounded. At 7 a.m. (March 31) the Americans opened the combined attack on Malolos. General McArthur directed the operations from the railway embankment, and half an hour's artillery fire dislodged the enemy from their cover. The columns advanced cautiously towards the town in antic.i.p.ation of a fierce resistance and, it was hoped, a fight to the finish. General Otis marched on direct: General Hale executed a flanking movement to the east; General Wheaton's brigades were held in reserve, and a halt of half an hour was made preparatory to the final a.s.sault. The scouts then returned and reported that the insurgents had abandoned their capital! It was a disappointment to the Americans who had looked forward to inflicting a decisive and crushing defeat on the enemy. The first troops to enter the town were the 20th Kansas Regiment, under Colonel Funston. The natives, in the wildest confusion, scampered off, after firing a few parting shots at the approaching forces, and the Americans, with a total loss of 15 killed and wounded, were in undisputed possession of the insurgent capital. Aguinaldo had prudently evacuated it two days before with his main army, going in the direction of Calumpit. Only one battalion had been left behind to burn the town on the approach of the Americans. Aguinaldo's headquarters, the parish church, and a few hundred yards of railway were already destroyed when the Americans occupied the place, still partly in flames. Some few hundreds of Chinese were the only inhabitants remaining in Malolos. The value of the food-stuffs captured in this place was estimated at P1,500,000. Simultaneously, General Hall's brigade operated five to seven miles north of Manila and drove the insurgents out of Mariquina, San Mateo, and the environs of the Montalban River with a loss of 20 men wounded and Lieutenant Gregg killed. It was now evident that Aguinaldo had no intention to come to close quarters and bring matters to a crisis by pitched battles. His policy was apparently to harry the Americans by keeping them constantly on the move against guerilla parties, in the hope that a long and wearisome campaign would end in the Americans abandoning the Islands in disgust, leaving the Filipinos to their own desired independence. Aguinaldo had moved on to Calumpit with his main army with the intention of establishing his Government there. On the American side, active preparations were made to dislodge him. Small gunboats were fitted out for operating on the Rio Grande de Pampanga, and an armoured train was prepared for use farther north. From Paranaque, on the bay sh.o.r.e south of Manila, the insurgents fired on the monitor _Monadnock_, but a few shots from this vessel silenced the sh.o.r.e battery. In several places, within 10 to 15 miles of the capital, armed groups of insurgents concentrated, but Aguinaldo moved on towards Baliuag, in the province of Bulacan, so as to be within easy reach of the hill district of Angat in case of defeat.

A few days after the capture of Malolos, General Otis issued a proclamation to the Filipinos, in the hope that by drawing off public sympathy from the insurgent cause it would dwindle away. The terms of this doc.u.ment were as follows, viz.:--

(1) The supremacy of the United States must and will be enforced throughout every part of the Archipelago. Those who resist can accomplish nothing except their own ruin.

(2) The most ample liberty of self-government will be granted which is reconcilable with the maintenance of a wise, just, stable, effective, and economical administration, and compatible with the sovereign and international rights and obligations of the United States.

(3) The civil rights of the Filipinos will be guaranteed and protected, religious freedom will be a.s.sured, and all will have equal standing before the law.

(4) Honour, justice, and friendship forbid the exploitation of the people of the Islands. The purpose of the American Government is the welfare and advancement of the Filipino people.

(5) The American Government guarantees an honest and effective civil service, in which, to the fullest extent practicable, natives shall be employed.

(6) The collection and application of taxes and revenues will be put on a sound and honest economical basis. Public funds will be raised justly and collected honestly, and will be applied only in defraying the proper expenses of the establishment and maintenance of the Philippine Government, and such general improvements as public interests demand. Local funds collected for local purposes shall not be diverted to other ends. With such a prudent and honest fiscal administration it is believed that the needs of the Government will, in a short time, become compatible with a considerable reduction of taxation.

(7) The pure, speedy, and effective administration of justice, whereby the evils of delay, corruption, and exploitation will be effectually eradicated.

(8) The construction of roads, railways, and other means of communication and transportation, and other public works of manifest advantage to the people will be promoted.

(9) Domestic and foreign trade, commerce, agriculture, and other industrial pursuits, and the general development of the country and interest of the inhabitants will be the constant objects of the solicitude and fostering care of the Government.

(10) Effective provision will be made for the establishment of elementary schools, in which the children of the people shall be educated, and appropriate facilities will also be provided for their higher education.

(11) Reforms in all departments of the Government, all branches of the public service, and all corporations closely touching the common life of the people must be undertaken without delay, and effected conformably with right and justice in such a way as to satisfy the well-founded demands and the highest sentiments and aspirations of the Philippine people.

The above proclamation, no doubt, embodies the programme of what the American Government desired to carry out at the time of its publication.