"A treaty of peace is of the highest importance to the United States if it can be had without the sacrifice of plain duty. The President would regret deeply the resumption of hostilities against a prostrate foe. We are clearly entitled to indemnity for the cost of the war. We can not hope to be fully indemnified. We do not expect to be. It would probably be difficult for Spain to pay money. All she has are the archipelagoes of the Philippines and the Carolines. She surely can not expect us to turn the Philippines back and bear the cost of the war and all claims of our citizens for damages to life and property in Cuba without any indemnity but Porto Rico, which we have and which is wholly inadequate. Does Spain propose to pay in money the cost of the war and the claims of our citizens, and make full guaranties to the people of the Philippines, and grant to us concessions of naval and telegraph stations in the islands, and privileges to our commerce the same as enjoyed by herself rather than surrender the archipelago? From the standpoint of indemnity both the archipelagoes are insufficient to pay our war expenses, but aside from this do we not owe an obligation to the people of the Philippines which will not permit us to return them to the sovereignty of Spain? Could we justify ourselves in such a course, or could we permit their barter to some other power? Willing or not, we have the responsibility of duty which we can not escape.

"You are therefore instructed to insist upon the cession of the whole of Philippines, and, if necessary, pay to Spain ten to twenty millions of dollars, and if you can get cession of a naval and telegraph station in the Carolines, and the several concessions and privileges and guaranties, so far as applicable, enumerated in the views of Commissioners Frye and Reid, you can offer more. The President can not believe any division of the archipelago can bring us anything but embarrassment in the future. The trade and commercial side, as well as the indemnity of the cost of the war, are questions we might yield. They might be waived or compromised, but the questions of duty and humanity appeal to the President so strongly that he can find no appropriate answer but the one he has here marked out. You have the largest liberty to lead up to these instructions, but unreasonable delay should be avoided."

Mr. Hay, Sec. of State, to Mr. Day, president of the United States Peace Commission, tel., Nov. 13, 1898, S. Doc. 148, 56 Cong. 2 sess. 48. See also id., p. 60.

Nov. 21, 1898, the American commissioners presented an ultimatum, in which they demanded the cession of the entire archipelago of the Philippines, while on the other hand they offered to pay Spain $20,000,000, to admit Spanish ships and merchandise into the ports of the islands for a stated period on the same terms as American ships

H. Doc. 551—34

and merchandise, and to insert in the treaty of peace a mutual relinquishment of claims.

S. Doc. 62, 55 Cong. 3 sess., part 2, p. 210.

By the treaty of peace signed Dec. 10, 1898, Spain relinquished (Art. I.)" all claims of sovereignty over and title to Cuba," and ceded to the United States (Art. II.) "the island of Porto Rico and other islands now under Spanish sovereignty in the West Indies, and the island of Guam in the Marianas or Ladrones." She also ceded (Art. III.) "the archipelago known as the Philippine Islands, and comprehending the islands lying within the following line: A line running from west to east along or near the twentieth parallel of north latitude, and through the middle of the navigable channel of Bachi, from the one hundred and eighteenth (118th) to the one hundred and twentyseventh (127th) degree meridian of longitude east of Greenwich, thence along the one hundred and twenty-seventh (127th) degree meridian of longitude east of Greenwich to the parallel of four degrees and forty-five minutes (4° 45′) north latitude, thence along the parallel of four degrees and forty-five minutes (4° 45') north latitude to its insersection with the meridian of longitude one hundred and nineteen degrees and thirty-five minutes (119° 35') east of Greenwich, thence along the meridian of longitude one hundred and nineteen degrees and thirty-five minutes (119° 35') east of Greenwich to the parallel of latitude seven degrees and forty minutes (7° 40′) north, thence along the parallel of latitude seven degrees and forty minutes (7° 40′) north to its intersection with the one hundred and sixteenth (116th) degree meridian of longitude east of Greenwich, thence by a direct line to the intersection of the tenth (10th) degree parallel of north latitude with the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich, and thence along the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich to the point of beginning."b

a The evacuation of Porto Rico was accomplished Oct. 18, 1898. (President McKinley, third annual message, Dec. 5, 1899.)

Acts for the civil government of the island were approved April 12 and May 1, 1900. The act of April 12, 1900, provided for the establishment of quarantine stations. For hearings on legislation for the island, see S. Doc. 147, 56 Cong. 1 sess. By the act of April 12, 1900, the coasting-trade laws were made applicable to trade and navigation between the United States and Porto Rico.

"By the terms of the Treaty of Peace the line bounding the ceded Philippine group in the southwest failed to include several small islands lying westward of the Sulús, which have always been recognized as under Spanish control. The occupation of Sibutú and Cagayan Sulú by our naval forces elicited a claim on the part of Spain, the essential equity of which could not be gainsaid. In order to cure the defect of the treaty by removing all possible ground of future misunderstanding respecting the interpretation of its third article, I directed the negotiation of a supplementary treaty, which will be forthwith laid before the Senate, whereby Spain

By the same Article (III.) the United States agreed to pay to Spain, within three months after the exchange of the ratifications of the treaty, the sum of $20,000,000.

"On the 10th of December, 1898, the treaty of peace between the United States and Spain was signed. It provided, among other things, that Spain should cede to the United States the archipelago known as the Philippine Islands, that the United States should pay to Spain the sum of twenty millions of dollars, and that the civil rights and political status of the native inhabitants of the territories thus ceded to the United States should be determined by the Congress. The treaty was ratified by the Senate on the 6th of February, 1899, and by the Government of Spain on the 19th of March following. The ratifications were exchanged on the 11th of April and the treaty publicly proclaimed. On the 2d of March the Congress voted the sum contemplated by the treaty, and the amount was paid over to the Spanish Government on the 1st of May.

"In this manner the Philippines came to the United States. The islands were ceded by the Government of Spain, which had been in undisputed possession of them for centuries. They were accepted not merely by our authorized commissioners in Paris, under the direction of the Executive, but by the constitutional and well-considered action of the representatives of the people of the United States in both Houses of Congress. I had every reason to believe, and I still believe, that this transfer of sovereignty was in accordance with the wishes and the aspirations of the great mass of the Filipino people.

"The authorities of the Sulu Islands have accepted the succession of the United States to the rights of Spain, and our flag floats over that territory. On the 10th of August, 1899, Brig. Gen. J. C. Bates, United States Volunteers, negotiated an agreement with the Sultan and his principal chiefs, which I transmit herewith. By Article I. the sovereignty of the United States over the whole archipelago of Jolo and its dependencies is declared and acknowledged.

"The United States flag will be used in the archipelago and its dependencies, on land and sea. Piracy is to be suppressed, and the Sultan agrees to cooperate heartily with the United States authorities to that end and to make every possible effort to arrest and bring to justice all persons engaged in piracy. All trade in domestic products quits all title and claim of title to the islands named as well as to any and all islands belonging to the Philippine Archipelago lying outside the lines described in said third article, and agrees that all such islands shall be comprehended in the cession of the archipelago as fully as if they had been expressly included within those lines. In consideration of this cession the United States is to pay to Spain the sum of $100,000." (President McKinley, Ann. Msg., Dec. 3, 1900.)

The supplementary treaty was signed Nov. 7, 1900; the ratifications were exchanged March 23, 1901.

of the archipelago of Jolo when carried on with any part of the Philippine Islands and under the American flag shall be free, unlimited, and undutiable. The United States will give full protection to the Sultan in case any foreign nation should attempt to impose upon him. The United States will not sell the island of Jolo or any other island of the Jolo archipelago to any foreign nation without the consent of the Sultan. Salaries for the Sultan and his associates in the administration of the islands have been agreed upon to the amount of $760 monthly.

"Article X. provides that any slave in the archipelago of Jolo shall have the right to purchase freedom by paying to the master the usual market value. The agreement by General Bates was made subject to confirmation by the President and to future modifications by the consent of the parties in interest. I have confirmed said agreement, subject to the action of the Congress, and with the reservation, which I have directed shall be communicated to the Sultan of Jolo, that this agreement is not to be deemed in any way to authorize or give the consent of the United States to the existence of slavery in the Sulu archipelago. I communicate these facts to the Congress for its information and action."

President McKinley, third annual message, Dec. 5, 1899.

An act "temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes," was approved by the President July 1, 1902.

See, also, the act of March 8, 1902, "temporarily to provide revenue" for the islands.

For communications between the Executive Departments of the Government and Aguinaldo, see S. Doc. 208, 56 Cong. 1 sess., parts 1, 2, and 3.

For information and statistics concerning the Philippines, see S. Doc. 171, 56 Cong. 1 sess.

As to the status of Chinese persons in the islands, see S. Doc. 397, 56 Cong. 1 sess.

By a treaty concluded Feb. 12, 1899, and ratified by the Cortes and Reichstag in the following June, Germany acquired from Spain, for 25,000,000 pesetas, or $4,825,000, the Caroline Islands, and all that remained of the Marianas or Ladrones. (Ann. Reg. 1899, [334], 31; the International Year Book, 1899, 166; Polit. Science Quarterly, XIV, 754.)

In a note of July 31, 1900, the German embassy at Washington took the ground, in connection with restrictions of trade imposed by the military authorities of the islands of the Sulu Archipelago, that under the protocols of 1877 and 1885 between Germany, Great Britain and Spain the sovereignty of Spain over the archipelago was subjected to a certain limitation which had not been removed by the transfer of the sovereignty by Spain to the United States. The United States, however, asserts over the archipelago a sovereignty that is complete and exclusive.

Mr. Magoon, law officer, division of insular affairs, War Department, Oct. 8, 1900, Magoon's Reps. 316.

July 7, 1899, the Belgian legation at Washington asked that the American military authorities in the Philippines be instructed to permit a Belgian firm having an establishment at Manila to charter one or more neutral vessels "to carry on the coasting trade on the coasts of the islands during the continuance of hostilities." The United States replied that it was not deemed advisable by the War Department to grant permission at that time "to foreign vessels to engage in the coasting trade in the Philippine Islands." a

By the act of March 8, 1902, it was enacted that till July 1, 1904, "the provisions of law restricting to vessels of the United States the transportation of passengers and merchandise directly or indirectly from one port of the United States to another port of the United States shall not be applicable to foreign vessels engaging in trade between the Philippine Archipelago and the United States, or between ports in the Philippine Archipelago."

October 23, 1902, President Roosevelt issued an order declaring that the Executive order of July 3, 1899, prescribing the conditions on which customs officers in the Philippines might issue certificates entitling vessels to the protection and flag of the United States on the high seas and in all ports should not be deemed to preclude the Philippine Commission from enacting laws "extending the right or privilege of interisland or coastwise trade in the Philippine Archipelago to foreign vessels during the period while the laws regulating the coastwise trade of the United States are inapplicable thereto under the provisions of the act of Congress approved March 8, 1902."

"Having referred to this subject, he [the Sultan of Turkey] said immediately following my audience with him . . . he telegraphed to Mecca, it being the time of the annual pilgrimage, his wishes that the Moslems in the Philippines should not war with the Americans, nor side with the insurgents, but should be friendly with our army, and that, as I assured him (the Sultan), the Americans would not interfere with their religion and would be as tolerant toward them as he was toward the Christians in his Empire. He added there was at Mecca at the time he sent that message quite a number of pilgrims from the Pacific Islands, and especially their most prominent general and several other officers, and shortly thereafter they returned to their homes. That he was glad that there had been no conflict between our army and the Moslems, and that he certainly hoped their religion would in no manner be interfered with.

"I replied, of this he could certainly feel satisfied, that religious liberty was the chief corner stone of our political institutions. He added he hoped his friendly spirit toward my country would be understood."

Mr. Straus, min. to Turkey, to Mr. Hay, Sec. of State, Sept. 23, 1899, For. Rel. 1899, 768, 770.

a Mr. Hay, Sec. of State, to Count de Lichtervelde, Belgian min., July 31, 1898, For. Rel. 1899, 102.