LONG._Compilation of the Messages and Papers of the Presidents: William McKinley; Messages, Proclamations, and Executive Orders Relating to the Spanish-American War

EXECUTIVE MANSION, _Washington, May 19, 1898_.

The SECRETARY OF WAR.

SIR: The destruction of the Spanish fleet at Manila, followed by the

taking of the naval station at Cavite, the paroling of the garrisons,

and the acquisition of the control of the bay, has rendered it

necessary, in the further prosecution of the measures adopted by this

Government for the purpose of bringing about an honorable and durable

peace with Spain, to send an army of occupation to the Philippines for

the twofold purpose of completing the reduction of the Spanish power in

that quarter and of giving order and security to the islands while in

the possession of the United States. For the command of this expedition

I have designated Major-General Wesley Merritt, and it now becomes my

duty to give instructions as to the manner in which the movement shall

be conducted.

The first effect of the military occupation of the enemy's territory is

the severance of the former political relations of the inhabitants and

the establishment of a new political power. Under this changed condition

of things the inhabitants, so long as they perform their duties, are

entitled to security in their persons and property and in all their

private rights and relations. It is my desire that the people of the

Philippines should be acquainted with the purpose of the United States

to discharge to the fullest extent its obligations in this regard.

It will therefore be the duty of the commander of the expedition,

immediately upon his arrival in the islands, to publish a proclamation

declaring that we come not to make war upon the people of the

Philippines, nor upon any party or faction among them, but to protect

them in their homes, in their employments, and in their personal and

religious rights. All persons who, either by active aid or by honest

submission, cooperate with the United States in its efforts to give

effect to this beneficent purpose will receive the reward of its support

and protection. Our occupation should be as free from severity as

possible.

Though the powers of the military occupant are absolute and supreme and

immediately operate upon the political condition of the inhabitants, the

municipal laws of the conquered territory, such as affect private rights

of person and property and provide for the punishment of crime, are

considered as continuing in force, so far as they are compatible with

the new order of things, until they are suspended or superseded by the

occupying belligerent; and in practice they are not usually abrogated,

but are allowed to remain in force and to be administered by the

ordinary tribunals substantially as they were before the occupation.

This enlightened practice is, so far as possible, to be adhered to on

the present occasion. The judges and the other officials connected with

the administration of justice may, if they accept the authority of the

United States, continue to administer the ordinary law of the land as

between man and man under the supervision of the American commander

in chief. The native constabulary will, so far as may be practicable,

be preserved. The freedom of the people to pursue their accustomed

occupations will be abridged only when it may be necessary to do so.

While the rule of conduct of the American commander in chief will be

such as has just been defined, it will be his duty to adopt measures

of a different kind if, unfortunately, the course of the people should

render such measures indispensable to the maintenance of law and order.

He will then possess the power to replace or expel the native officials

in part or altogether, to substitute new courts of his own constitution

for those that now exist, or to create such new or supplementary

tribunals as may be necessary. In the exercise of these high powers the

commander must be guided by his judgment and his experience and a high

sense of justice.

One of the most important and most practical problems with which the

commander of the expedition will have to deal is that of the treatment

of property and the collection and administration of the revenues.

It is conceded that all public funds and securities belonging to the

government of the country in its own right and all arms and supplies and

other movable property of such government may be seized by the military

occupant and converted to the use of this Government. The real property

of the state he may hold and administer, at the same time enjoying

the revenues thereof; but he is not to destroy it save in the case

of military necessity. All public means of transportation, such as

telegraph lines, cables, railways, and boats belonging to the state may

be appropriated to his use, but unless in case of military necessity

they are not to be destroyed. All churches and buildings devoted to

religious worship and to the arts and sciences, all schoolhouses, are,

so far as possible, to be protected, and all destruction or intentional

defacement of such places, of historical monuments or archives, or of

works of science or art is prohibited save when required by urgent

military necessity.

Private property, whether belonging to individuals or corporations, is

to be respected, and can be confiscated only as hereafter indicated.

Means of transportation, such as telegraph lines and cables, railways,

and boats, may, although they belong to private individuals or

corporations, be seized by the military occupant, but unless destroyed

under military necessity are not to be retained.

While it is held to be the right of a conqueror to levy contributions

upon the enemy in their seaports, towns, or provinces which may be in

his military possession by conquest, and to apply the proceeds to defray

the expenses of the war, this right is to be exercised within such

limitations that it may not savor of confiscation. As the result of

military occupation the taxes and duties payable by the inhabitants to

the former government become payable to the military occupant, unless he

sees fit to substitute for them other rates or modes of contribution to

the expenses of the government. The moneys so collected are to be used

for the purpose of paying the expenses of government under the military

occupation, such as the salaries of the judges and the police, and for

the payment of the expenses of the army.

Private property taken for the use of the army is to be paid for when

possible in cash at a fair valuation, and when payment in cash is not

possible receipts are to be given.

In order that there may be no conflict of authority between the army and

the navy in the administration of affairs in the Philippines, you are

instructed to confer with the Secretary of the Navy so far as necessary

for the purpose of devising measures to secure the harmonious action of

those, two branches of the public service.

I will give instructions to the Secretary of the Treasury to make a

report to me upon the subject of the revenues of the Philippines, with a

view to the formulation of such revenue measures as may seem expedient.

All ports and places in the Philippines which may be in the actual

possession of our land and naval forces will be opened, while our

military occupation may continue, to the commerce of all neutral

nations, as well as our own, in articles not contraband of war, and upon

payment of the prescribed rates of duty which may be in force at the

time of the importation.

WILLIAM McKINLEY.

EXECUTIVE MANSION, _Washington, May 19, 1898_.

The SECRETARY OF THE TREASURY.

SIR: The destruction of the Spanish fleet at Manila, followed by the

taking of the naval station at Cavite, the paroling of the garrisons,

and the acquisition of the control of the bay, has rendered it

necessary, in the further prosecution of the measures adopted by this

Government for the purpose of bringing about an honorable and durable

peace with Spain, to send an army of occupation to the Philippines for

the twofold purpose of completing the reduction of the Spanish power in

that quarter and of giving to the islands order and security while in

the possession of the United States. For the command of this expedition

I have designated Major-General Wesley Merritt, and it now becomes my

duty to give instructions as to the manner in which the movement shall

be conducted.

It is held to be the right to levy contributions upon the enemy in all

places which may be in military possession by conquest, and to apply

the proceeds to defray the cost of the war, including the expenses of

government during the military occupation. It is desirable, however,

and in accordance with the views of modern civilization, to confine

the exercise of this power, so far as possible, to the collection of

such contributions as are equivalent to the duties and taxes already

established in the territory. I have determined to order that all ports

or places in the Philippines which may be in the actual possession

of our land and naval forces by conquest shall be opened, while our

military occupation may continue, to the commerce of all neutral

nations, as well as our own, in articles not contraband of war, upon

payment of the rates of duty which may be in force at the time when the

goods are imported. In the execution of this policy it may be advisable

to substitute new rates of duty and new taxes for those now levied in

the Philippines. You are therefore instructed to examine the existing

Spanish laws in relation to duties and taxes, and to report to me such

recommendations as you may deem it proper to make with respect either

to the rates of duties and taxes or to the regulations which should be

adopted for their imposition and collection.

As the levy of all contributions in territory occupied by a belligerent

is a military right derived from the law of nations, the collection and

distribution of duties and taxes in the Philippines during the military

occupation of the United States will be made, under the orders of the

Secretary of War and the Secretary of the Navy, by the military or naval

commanders, as the case may be, of the ports or places which may be in

the possession of our forces. Your report is desired in order that I may

be able to give the proper directions to the Department of War and of

the Navy.

WILLIAM McKINLEY.

EXECUTIVE MANSION, _Washington, May 19, 1898_.

The SECRETARY OF THE NAVY.