CHAPTER XI
The Administration of General Merritt.
The Official Gazette Issued at Manila—Orders and Proclamations Showing the Policy and Detail of the Administration of Major-General Wesley Merritt, Who, as Commander of the Philippine Expedition, Became, Under the Circumstances of the Capture of Manila, the Governor of That City.
General Merritt's Proclamation to the Filipinos.
Headquarters Department of the Pacific, August 14, 1898.
To the People of the Philippines:
I. War has existed between the United States and Spain since April 21 of this year. Since that date you have witnessed the destruction by an American fleet of the Spanish naval power in these islands, the fall of the principal city, Manila, and its defenses, and the surrender of the Spanish army of occupation to the forces of the United States.
II. The commander of the United States forces now in possession has instructions from his Government to assure the people that he has not come to wage war upon them, nor upon any part or faction among them, but to protect them in their homes, in their employments, and in their personal and religious rights. All persons who, by active aid or honest submission, co-operate with the United States in its efforts to give effect to this beneficent purpose, will receive the reward of its support and protection.
III. The government established among you by the United States is a government of military occupation; and for the present it is ordered that the municipal laws such as affect private rights of persons and property, regulate local institutions, and provide for the punishment of crime, shall be considered as continuing in force, so far as compatible with the purposes of military government, and that they be administered through the ordinary tribunals substantially as before occupation, but by officials appointed by the government of occupation.
IV. A Provost-Marshal-General will be appointed for the city of Manila and its outlying districts. This territory will be divided into sub-districts, and there will be assigned to each a Deputy-Provost-Marshal.
The duties of the Provost-Marshal-General and his deputies will be set forth in detail in future orders. In a general way they are charged with the duty of making arrests of military, as well as civil offenders, sending such of the former class as are triable by courts-martial to their proper commands, with statements of their offenses and names of witnesses, and detaining in custody all other offenders for trial by military commission, provost courts, or native criminal courts, in accordance with law and the instructions hereafter to be issued.
V. The port of Manila, and all other ports and places in the Philippines which may be in the actual possession of our land and naval forces, will be open, 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.
VI. All churches and places devoted to religious worship and to the arts and sciences, all educational institutions, libraries, scientific collections, and museums are, so far as possible, to be protected; and all destruction or intentional defacement of such places or properly, of historical monuments, archives, or works of science and art, is prohibited, save when required by urgent military necessity. Severe punishment will be meted out for all violations of this regulation.
The custodians of all property of the character mentioned in this section will make prompt returns thereof to these headquarters, stating character and location, and embodying such recommendations as they may think proper for the full protection of the properties under their care and custody, that proper orders may issue enjoining the co-operation of both military and civil authorities in securing such protection.
VII. The Commanding General, in announcing the establishment of military government, and in entering upon his duty as Military Governor in pursuance of his appointment as such by the government of the United States, desires to assure the people that so long as they preserve the peace and perform their duties toward the representatives of the United States they will not be disturbed in their persons and property, except in so far as may be found necessary for the good of the service of the United States and the benefit of the people of the Philippines.
Wesley Merritt,
Major-General, United States Army, Commanding.
The general orders following are full of curious interest, as they declare the true intent and meaning of the Philippine Expedition, and define the situation at Manila, with extraordinary precision, and are in the strictest sense by authority:
Headquarters Department of the Pacific and Eighth Army Corps
Manila Bay, August 9th, 1898.
General Orders, No. 3.
1. In view of the extraordinary conditions under which this Army is operating, the Commanding General desires to acquaint the officers and men composing it, with the expectations which he entertains as to their conduct.
You are assembled upon foreign soil situated within the western confines of a vast ocean separating you from your native land. You have come not as despoilers and oppressors, but simply as the instruments of a strong free government, whose purposes are beneficent and which has declared itself in this war, the champion of those oppressed by Spanish misrule.
It is therefore the intention of this order to appeal directly to your pride in your position as representatives of a high civilization, in the hope and with the firm conviction that you will so conduct yourselves in your relations with the inhabitants of these islands, as to convince them of the lofty nature of the mission which you come to execute.
It is not believed that any acts of pillage, rapine, or violence will be committed by soldiers or other in the employ of the United States, but should there be persons with this command who prove themselves unworthy of this confidence, their acts will be considered not only as crimes against the sufferers, but as direct insults to the United States flag, and they will be punished on the spot with the maximum penalties known to military law.
By Command of Major-General Merritt: J.B. Babcock, Adjutant-General.
Official: Bentley Mott, Aid.
Headquarters Department of the Pacific and Eighth Army Corps.
Manila, P. I., August 15th, 1898.
General Orders, No. 4.
1. In addition to his duties as Division Commander, Brigadier-General T.M. Anderson, U. S. Vols., is hereby assigned to the command of the District of Cavite and will remove his headquarters to that point. The garrison of the District of Cavite will be augmented upon the arrival of the next transports containing troops for this command.
2. In addition to his duties as Brigade Commander, Brigadier-General Arthur MacArthur, U. S. Vols., is hereby appointed Military Commandant of the walled city of Manila, and Provost-Marshal-General of the City of Manila, including all the outlying districts within the municipal jurisdiction. General MacArthur will remove his headquarters within the walled city and will bring with him one strong regiment of his command to take station within the walled town. The Commanding Officer of the 2nd Oregon Vol. Inf., now stationed in the walled city, will report to General MacArthur, and the Companies of the 2nd Oregon Vol. Inf., now at Cavite, will, upon being relieved by other troops, be sent to Manila to join the regiment. General MacArthur will relieve the Civil Governor of his functions, and take possession of the offices, clerks and all machinery of administration of that office, retaining and employing the present subordinate officers of civil administration until, in his judgment, it is desirable to replace them by other appointments.
3. Colonel James S. Smith, 1st California Vol. Inf., in addition to his duties as Regimental Commander, is appointed Deputy Provost-Marshal for the Districts of the city north of the Pasig River, and will report to General MacArthur. Colonel S. Ovenshine, 23rd U. S. Inf., is appointed Deputy Provost-Marshal for the districts of the city, including Ermita and Malate, outside of the walled town and south of the Pasig River, and will report to General MacArthur.
4. Under paragraphs "3" and "4" of the terms of capitulation, full lists of public property and stores, and returns in duplicate of the men by organizations, are to be rendered to the United States within ten days, and public horses and public property of all kinds are to be turned over to the staff officers of the United States designated to receive them. Under these paragraphs the Chief of Artillery at these headquarters, and the Chiefs of the Staff Departments, will take possession of the public property turned over as above, pertaining to their respective departments.
The returns of the prisoners will be submitted to the Military Commandant of the City, who will assign the men for quarters in such public buildings and barracks as are not required for the use of United States troops. The horses and private property of the officers of the Spanish forces are not to be disturbed. The Chief Paymaster at these headquarters will turn over such portion of the Spanish public funds received by him, by virtue of this order, to the administration of his office.
5. All removals and appointments of subordinate officers of civil administration, and transfers of funds authorized by this order, must receive the approval of the Commanding General, before action is taken.
6. The Chief Quartermaster and Chief Commissary of Subsistence at these headquarters will establish depots of supply in Manila with as little delay as possible.
Quartermaster and Subsistence depots will also be retained at Cavite.
By Command of Major-General Merritt: J. B. Babcock, Adjutant-General.
Official: Bentley Mott, Aid.
Headquarters Department of the Pacific and Eighth Army Corps.
Manila, P. I., August 17th, 1898.
General Orders No. 5.
1. In addition to the command of his Brigade, Brigadier-General F. V. Greene, U. S. Vols., will perform the duties hitherto performed by the Intendente General de Hacienda, and will have charge, subject to instructions of the Major General Commanding, of all fiscal affairs of the Government of Manila.
2. Lieutenant-Colonel C. A. Whittier, U. S. Vols., is appointed Collector of Customs, and the Chief Paymaster, Department of the Pacific, will designate a bonded officer of the Pay Department as custodian of all public funds. Both of these officers will report to Brigadier-General Greene for instructions.
By Command of Major-General Merritt: J. B. Babcock, Adjutant-General.
Official: Bentley Mott, Aid.
Headquarters Department of the Pacific and Eighth Army Corps.
Manila, P. I., August 17th, 1898.
General Orders, No. 6.
The Major-General Commanding desires to congratulate the troops of this command upon their brilliant success in the capture, by assault, of the defenses of Manila, on Saturday, August 13, a date hereafter to be memorable in the history of American victories.
After a journey of seven thousand miles by sea, the soldiers of the Philippine Expedition encountered most serious difficulties in landing, due to protracted storms raising high surf, through which it was necessary to pass the small boats which afforded the only means of disembarking the army and its supplies. This great task, and the privations and hardships of a campaign during the rainy season in tropical lowlands, were accomplished and endured by all the troops, in a spirit of soldierly fortitude, which has at all times during these days of trial, given the Commanding General the most heartfelt pride and confidence in his men. Nothing could be finer than the patient, uncomplaining devotion to duty which all have shown.
Now it is his pleasure to announce that within three weeks after the arrival in the Philippines of the greater portion of the forces, the capital city of the Spanish possessions in the East, held by Spanish veterans, has fallen into our hands, and he feels assured that all officers and men of this command have reason to be proud of the success of the expedition.
The Commanding General will hereafter take occasion to mention to the Home Government, the names of officers, men and organizations, to whom special credit is due.
By Command of Major-General Merritt: J. B. Babcock, Adjutant-General
Official: Bentley Mott, Aid.
Headquarters of the Provost-Marshal-General and Military Commandant.
City of Manila, P. I., August 18th, 1898.
General Orders, No. 1.
1. In obedience to the provisions of General Orders, No. 3, dated Headquarters Department of the Pacific and Eighth Army Corps, Manila, P. I., August l5th, 1898, the undersigned hereby assumes the office and duties of Military Commandant of the walled city of Manila; Provost-Marshal-General of the city of Manila, including the outlying districts within the municipal jurisdiction, and also the functions of Civil Governor.
2. Until further orders the preservation of law and order throughout the city will be maintained according to the arrangements which now obtain.
3. The location of these Headquarters will be at the office of the Civil Governor, corner of San Juan de Letran and Anda Streets, and to the above address will be referred all papers requiring action by the undersigned. To insure prompt investigation, all claims, complaints, and petitions should be presented in the English language.
4. Major Harry C. Hale, Assistant Adjutant-General U. S. Volunteers; aide de camp to the Commanding General, having been assigned for temporary duty at these Headquarters, is hereby appointed Adjutant-General to the undersigned.
5. Colonel S. Overshine having been appointed by proper authority Deputy Provost-Marshal of the districts of the city (including Ermita and Malate) outside of the walled town and south of the Pasig river, will organize and establish his office as soon as possible, and report the location thereof to these Headquarters.
6. Colonel James S. Smith, 1st California Volunteer Infantry, having been appointed by proper authority Deputy Provost-Marshal of the districts of the city north of the Pasig river, will organize and establish his office as soon as possible and report location thereof to these Headquarters.
(Sgd.) Arthur MacArthur,
Brigadier-General U. S. Volunteers.
Military Commandant and Provost-Marshal-General.
The Official Gazette of Aug. 23 is a record of the organization of the Military Government of Manila.
Office Chief of Police.
Manila, P. I.
Order No. 1.
By command of Brigadier-General MacArthur and Military Commandant, the Thirteenth Regiment Minnesota Volunteer Infantry is designated to perform the police duty of this city and the commanding officer thereof is appointed Chief of Police, and Major Ed. S. Bean, Inspector of Police.
Companies D, G, J and S are hereby detailed to at once take charge of the police stations and perform the necessary duties pertaining to the position of police and maintenance of order.
C. McC. Reeve,
Colonel 13th Regiment Minnesota Volunteer Infantry and Chief of Police.
Aug. 22d. 1898.
Office Chief of Police.
Manila, P. I.
Order No. 2.
1. The following is published for the information of the police of this city:
2. Bulletin hoards will be kept in all stations and all orders issued from this office will be posted thereon.
3. Armed native and Spanish soldiers must be disarmed before being allowed to pass through gates, either way.
4. Arrest drunk and disorderly persons.
5. Spanish officers are allowed to wear their side arms.
6. Commanding officers will have their respective districts patroled at least once each hour during the day and night.
7. Shoes must be blacked and all brasses bright and shining at all times.
8. Be courteous in your contact with both natives and Spaniards and see that all soldiers of other commands observe this rule.
9. Particular attention must be given by men at the gates to the saluting of officers in passing through, and particularly so to the general officers.
Ed. S. Bean,
Major 13th Regiment Minnesota Volunteer Infantry, and Inspector
of Police.
Aug. 22d, 1898.
Approved, Reeve, Colonel 13th Regiment Minnesota Volunteer Infantry and Chief of Police.
Headquarters of the Provost-Marshal and Military Commandant.
Adjutant-General's Office, City of Manila, P. I., August 22nd, 1898.
General Orders, No. 3.
Colonel McC. Reeve, 13th Minnesota Volunteer Infantry, is hereby directed to relieve the Commandante of the Guardia Civil Veterana of his functions, and will take possession of his office and will employ such officers and soldiers of his regiment as may be necessary for the adequate police protection of this city.
By Command of Brigadier-General MacArthur,
Provost-Marshal-General and Military Commandant,
Harry C. Hale,
Assistant Adjutant-General.
Order No. 3.
Office Chief of Police. Manila, P.I.
To Commanding Officer.
Stations.
Notify all livery stables and other places in your districts, depositing large quantities of manure and other refuse in the streets, that they must cart it away daily, themselves.
Failure to do so will result in the arrest of the offending party.
Ed. S. Bean, Major 13th Minnesota Volunteers, and Inspector of Police.
August 22d, 1898.
Approved
Reeve, Colonel 13th Minnesota Volunteers, and Chief of Police.
Headquarters Department of the Pacific and Eighth Army Corps.
Manila, Philippine Islands, August 22nd, 1898.
General Orders, No. 8.
I. For the maintenance of law and order in those portions of the Philippines occupied or controlled by the Army of the United States, and to provide means to promptly punish infraction of the same, Military Commissions and Provost Courts, composed and constituted in accordance with the laws of war, will be appointed from time to time as occasion may require.
II. The local courts, continued in force for certain purposes in proclamation from these headquarters, dated August 14th, 1898, shall not exercise jurisdiction over any crime or offense committed by any person belonging to the Army of the United States, or any retainer of the Army, or person serving with it, or any person furnishing or transporting supplies for the Army; nor over any crime or offense committed on either of the same by any inhabitant or temporary resident of said territory. In such cases, except when Courts Martial have jurisdiction, jurisdiction to try and punish is vested in Military Commissions and the Provost Court, as hereinafter set forth.
III. The crimes and offenses triable by Military Commission are murder, manslaughter, assault and battery with intent to kill, robbery, rape, assault and battery with intent to rape, and such other crimes, offenses, or violations of the laws of war as may be referred to it for trial by the Commanding General. The punishment awarded by Military Commission shall conform, as far as possible, to the laws of the United States, or the custom of war. Its sentence is subject to the approval of the Commanding General.
IV. The Provost Court has jurisdiction to try all other crimes and offenses, referred to in Section II of this order; not exclusively triable by Courts Martial or Military Commission, including violations of orders or the laws of war, and such cases as may be referred to it by the Commanding General. It shall have power to punish with confinement, with or without hard labor, for not more than six (6) months, or with fine not exceeding Two Hundred and Fifty Dollars ($250.00) or both. Its sentence does not require the approval of the Commanding General, but may be mitigated or remitted by him.
V. The Judge of the Provost Court will be appointed by this
Commanding General. When in the opinion of the Provost Court its
power of punishment is inadequate, it shall certify the case to the
Commanding General for his consideration and action.
By Command of Major-General Merritt: J.B. Babcock, Adjutant-General. Official: Bentley Mott, Aid.
Headquarters Department of the Pacific and Eighth Army Corps.
Manila, P.I., August 22nd, 1898.
Special Orders, No. 32.
1. Upon the recommendation of the Intendente General de Hacienda, Major R.B.C. Bement, Engineer Officer, U.S. Volunteers, is hereby appointed Administrator de Hacienda (Collector of Internal Revenue), and will report without delay to Brigadier-General F.V. Greene, U.S. Volunteers, Intendente General, Manila.
2. The following orders are confirmed: Special Orders No. 5, Headquarters Second Division, Eighth Army Corps, August 6th, 1898, placing First Lieutenant W.G. Haan, 3rd U. S. Artillery, in command of a separate battery to be organized by details from batteries of 3rd U.S. Artillery, to man the Hotchkiss revolving cannon brought on the transport Ohio.
3. Private H.J. Green, Company E, 2nd Oregon Volunteer Infantry, detailed on special duty at these headquarters, will be paid commutation of rations at the rate of seventy-five cents per diem, it being entirely impracticable for him to cook or utilize rations. He will also be paid commutation of quarters at the usual rate. Both commutations to be paid while this man is employed on his present duty and stationed in this city, and to date from and inclusive of the 16th inst.
4. Corporal Jerome Patterson, Company H, 23rd U.S. Infantry, Corporal James Maddy, Company F, 2nd Oregon Volunteer Infantry, Private Emmett Manley, Company D, 23rd U.S. Infantry, Private Robert M. Nichols, Company A, 1st Idaho Volunteer Infantry, Private P.H. Sullivan, Company F, 23rd U.S. Infantry, are hereby detailed on special duty at these Headquarters., and will report at once to the Adjutant-General for duty.
5. Lieutenant-Colonel Charles L. Jewett, Judge Advocate, U.S. Volunteers, is hereby appointed Judge of the Provost Court, for the city of Manila. He will hold the sessions of his court at the headquarters of the Provost-Marshal-General. The Quartermaster Department will provide the necessary offices and office furniture.
The Provost Court will be attended by one or more Assistant Provost-Marshal, to be detailed by the Provost-Marshal-General, who will be charged with the duty of enforcing its orders and executing its processes. The form of accusation in the Provost Court will be substantially the same as that used in Courts Martial, and a record of all cases tried, assimilated to that of the summary court, will be kept.
6. Upon the recommendation of the Chief Commissary of the Department of the Pacific, the issue to Spanish Prisoners by Major S.A. Cloman, C.S., U.S. Vols., Depot Commissary, Cavite, P.I., of one (1) box of soap (60 lbs. net) is hereby confirmed.
7. Sergeant Charles H. Burritt, Company C, 1st Wyoming Volunteer Infantry, will report to Lieutenant Morgareidge, 1st Wyoming Volunteer Infantry, on board Steamer Ohio, for temporary duty in unloading commissary supplies.
Upon completion of this duty Sergeant Burritt will rejoin his Company.
8. Lieutenant Charles H. Sleeper, 1st Colorado Volunteer Infantry, is hereby appointed Deputy Collector of Internal Revenue, and will report to Major R.B.C. Bement, U.S. Vols., Administrator de Haciena (Collector of Internal Revenue), for instructions.
9. Lieutenant-Colonel Charles L. Potter, U.S. Vols., Chief Engineer Officer, Eighth Army Corps, will assume charge of the water supply of this city, and will report to Brigadier-General Arthur MacArthur, U.S. Vols., Military Commandant of Manila, for instructions.
By Command of Major-General Merritt:
J.B. Babcock, Adjutant-General. Official: Bentley Mott, Aid.
The responsibilities of General Merritt in his Manila, campaign were graver than the country understands, and his success was regarded as so much a matter of course that there has been forgetfulness to take into account the many circumstances that gave anxiety preceding decisions that seem easy now that they have been vindicated by events. The departure from San Francisco of the Major-General commanding the Philippine expedition was as well known to the Spanish as to the American cabinet, and there is reason to think there were no important particulars of the sailing of the third division of our Philippine soldiers unknown to enemies. There were in gold coin, a million and a half dollars in the strong box of Merritt's ship, the Newport. The Spanish spies were not as well posted as an average hackman, if they did not report the shipment of gold. It would have been a triumph for Spain to have captured the commanding general and the gold, the Astor Battery and the regular recruits with the headquarters ship, The Spanish were known to have a gunboat or two lurking in the islands within striking distance of our transports, unarmed vessels—except a few deck pieces of field artillery—with more than a thousand men on each. General Merritt wanted the escort of ships of war to make all secure, and application to Admiral Dewey to send one of his war boats, brought the statement that he could not spare a ship. Just at that time he heard of the run by Camara with the Cadiz fleet Eastward on the Mediterranean, and soon he had word that the Pelayo and her companions were in the Suez canal. General Greene had not arrived at Manila at that time, and the monitors Monterey and Monadnock were getting along slowly. Dewey knew he would have to evacuate the scene of his victory in case Camara was fully committed to go to Manila, and wait for the Monitors, and when he got them he said he would return and sink another Spanish fleet, but that was something it might be critical to explain, and General Merritt, after leaving San Francisco, did not get any news for twenty-six days. All that time he would have had no justification for surprise if he had been attacked by a Spanish gunboat, and if the Spaniards had pushed on their Rapide—the converted German liner the Normania—she could have been handled to cut off the American reinforcements on the way to the camps of the little American army already landed. When General Merritt reached Cavite, he found the situation difficult for the army and pushed things as the only way to get out of trouble. He had two armies to deal with, one the Spaniards, fiercely hostile, and the other, the Filipinos, factional and jealous, each outnumbering by five thousand the American forces with which the city was assailed and finally captured. There was no time lost, and if there had been any delay, even two days, the peace protocol would have found our army in the trenches, and the city belonging to the Spaniards. It was the energy of General Merritt, heartily shared by his division commanders, that prevented this embarrassment, which would have been a moral and military misfortune. We have given the General's orders to his troops and the Filipinos after the fall of the city—also his original statement of policy, and noted how cleverly they supported each other, and how smoothly the work of organization and administration is carried on the world is well aware. The orders deputing the officers to discharge certain duties are plain business. There was no departure from the strict, straight line of military government, and the threatened entanglements firmly touched passed away. There was nothing omitted, or superfluous, and the purpose and programme of policy was made clear by events. The confusion overcome by the genius of common sense there was order, all rights respected, the administration was a success from the beginning and continued, and is to be continued—security is established, there is public confidence in the air—the "faith and honor of the army" are inviolable, Manila is ours, and there is peace. If war comes in that quarter of the globe we shall stand on ground that earthquakes cannot shake.