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THE GREEN BAG

SOME LEGAL ASPECTS OF THE PHILIPPINES BY JAMES H. BLOUNT "1 T 7HERE one has gone to the other side part — however small — in the subjugation of a distant and alien people, seen a new government set up on the earth and had an opportunity to watch that government work out, through a series of years, the ex perience is intensely interesting, especially to a lawyer. It is this circumstance that caused our good friend the editor of the GREEN BAG to be kind enough to announce in last Novem ber's number that he has persuaded me to write a series of articles of reminiscence con cerning the Philippines with a view of enter taining his readers, and at the same time of giving them "some light upon the de velopment of law in our possessions" in the Orient. Less than a hundred words as to our hun dred days' war with Spain will bring us logi cally to the subject of the present paper. On April 20, 1898, the Congress of the United States passed the resolution declaring war against Spain, concluding thus: "That the United States hereby disclaims any disposition or intention to exercise sovereignty, jurisdiction, or control over said island (of Cuba) except for the pacifica tion thereof, and asserts its determination, when that is accomplished, to leave the government and control of the island to its people." On May i, 1898, Admiral Dewey sank the Spanish fleet at Manila. On July 3, the squadron under command of Admiral Sampson destroyed the Spanish fleet off Santiago harbor, and on July 17 the City of Santiago de Cuba capitulated to our army. These were the main events of the SpanishAmerican War. It lasted actively but little more than three months. And yet how farreaching have been its consequences!
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The peace protocol was signed at Wash ington on August 12, 1898, by Judge Day for us, and Mr. Cambon, the French Ambas sador, acting for Spain. News of the pro tocol did not reach Manila until August 16, and on the morrow after the signing of the Washington protocol, i.e., on August 13, 1898, the Spanish intrenchments about the City of Manila were bombarded by our navy and stormed and carried by our troops, the city capitulated, the colors of Spain were lowered, and the American flag was hoisted in the City Hall square, amid the dramatic weeping of Spanish senoritas and the muttered curses of Spanish cavaliers. Then came the first work of the legal de partment of the army the reduction to writ ing of the terms of the capitulation. This was done jointly by representatives from the Spanish Judge-Advocate's Corps and our own. The articles of capitulation con cluded with these words : "This city, its inhabitants, its churches and religious worship, its educational estab lishments, and its private property of all de scriptions, are placed under the special safe guard of the faith and honor of the American Army." This clause was put in because the Span iards stood in mortal terror of the pent-up hatred of Aguinaldo's exultant army, which had taken part in the general advance. The next official document dealing with the legal status of the new territory was a proclamation of General Merritt's, issued, I believe, on August 14, 1898, pursuant to a letter from President McKinley to the Secre tary of War for the General's guidance, pre pared after Dewey 's naval victory occurred and the consequent necessity arose to send troops to the Philippine Islands. The part of this now famous state paper of the late lamented President which deals with the law of nations as to the legal status of a