I wish to present the matter, in the first instance,
in its legal aspect, although, from remarks contained in former
correspondence, I am of the opinion that you are fully aware how
untenable the proposition is. The United States and Spain were and are
belligerent parties to a war, and were so recognized by the civilized
world. In the course of events the entire city of Manila, then in
full possession of Spanish forces, was surrendered to the first-named
belligerent power. The articles of agreement and capitulation gave the
United States Government full occupancy of the city and defences of
Manila, and that Government obligated itself to insure the safety of
the lives and property of the inhabitants of the city to the best of
its ability. By all the laws of war and all international precedents
the United States authority over Manila and its defences is full and
supreme, and it cannot escape the obligations which it has assumed.
* * * * *
"But conceding, as you do, the strictly legal right of my Government to
hold and administer the affairs of the city of Manila and its suburbs
(I thus conclude from expressions contained in former correspondence
and from my appreciation of your intellectual attainments), you
base your proposition--a joint occupation--upon supposed equitable
grounds, referring to the sacrifices your troops have made and the
assistance they have rendered the American forces in the capture
of Manila.
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