It is more probable that the adhesive principle comes from ethnological homogeneity which induces men to respond for a time to the appeals of consanguineous leadership

in other words, to stick to their own kith and kin. He had in a previous paragraph used that very expression thus: “The people seem to be actuated by the idea that in politics or war men are never nearer right then when going with their own kith and kin.”

In all the foregoing, General MacArthur was not simply trying to score a point against Judge Taft, though his resentment of the effort of the Taft Commission of 1900 to mix politics with war in the presidential year was quite as decided, and quite as well known in the islands at the time, as was General Otis’s similar attitude toward the Schurman Commission of the previous year.[38] He is simply laying before the War Department, as a soldier, the familiar facts of a situation which he had been dealing with for two years past, as well known to the 70,000 officers and men under his command as to himself. And as the details into which he goes are simply prefatory to an account of the remedy he applied to the situation, that remedy must now claim our attention. The remedy General MacArthur finally applied was a proclamation, explaining to the Filipino people—“to all classes throughout the archipelago,” it read, and especially to the leaders in the field, many of whose captured comrades-in-arms he had now become thoroughly acquainted with—the severities sanctioned by the laws of civilized nations under such circumstances, and the reasons therefor; and, further, serving them with notice that thenceforward he proposed to enforce those laws with full rigor.[39]

The eminent lawyers of the Taft Commission were too busy about that time acquainting themselves with the situation through natives not in arms, to attach much importance to General MacArthur’s proclamation, but the Eighth Army Corps always believed that that proclamation, and the army’s work under it, was the main factor in making the civil government at all possible by the date it was set up, July 4, 1901. The issuance of this document was not only a wise military move, but a subtle stroke of statesmanship as well. It assumed that the Filipino people were a civilized people, an assumption never indulged by Spain during the whole of her rule, but always freely admitted by General MacArthur in all his dealings with their leading men to be a fact. It therefore appealed to their amour propre, and to the noblesse oblige of many of the most obstinate and trusted fighting leaders. The writer was, at the date of the proclamation under consideration, on duty at General MacArthur’s headquarters, as assistant to Colonel Crowder, his judge advocate, now Judge Advocate General of the United States Army, and prepared the first rough, tentative suggestions for the final draft of it, accompanying such suggestions with a memorandum showing the course taken by Wellington in France in 1815, and by Bismarck’s generals at the close of the Franco-Prussian War, as well as that followed under General Order No. 100, 1863, for the government of the armies of the United States in the field. Having then entertained the opinion that that proclamation, though drastic, was wise and right under the facts of the situation which confronted us, and having nowise changed that opinion since, it may be well for the writer of this book to explain his reasons for that opinion. This must be done wholly without reference to “the authorities,” for neither at the bar of public opinion, nor at the bar of final judgment, do “the authorities” count for much. In so doing, however, we must start with the assumption that it was a case of American military occupation of hostile territory, notwithstanding that Judge Taft began soon after his arrival in the islands in the June previous to the December now referred to, to cable home impressions which, if correct, amounted to a denial that the great body of the people were hostile. Military occupation is a fact which admits of no debate, and the necessity of making your country’s flag respected is always fully and keenly recognized as the one supreme consideration by every good American except one who, obsessed with the idea that kindness will cure the desire of a people for independence, proceeds to act on that idea in the midst of a war for independence.

Under the laws of war the commanding general of the occupying force owes protection, both of life and property, to all persons residing within the territory occupied. The object of General MacArthur’s proclamation was to put a stop to such “executions,” or assassinations, as that perpetrated by Juan Cailles, mentioned above, and to separate the insurgents in the field from their main reliance, the towns. The latter end of a bloody war is no time for a discussion of the causes of the war between victor and vanquished. Nor is it any time to believe the representative of the enemy who tells you that most of him is really in sympathy with you and merely coerced. Your duty is to stop the war. You and your enemy having had a difference, and having referred it to the arbitrament of war, which is, unfortunately, at present the only human jurisdiction having power to enforce decisions concerning such differences, if you win, and your enemy refuses to abide the decision, he is simply, as it were in contempt of court, and, in the scheme of things, as at present ordered, deserves punishment as an enemy to the general peace. To state the ethics of the matter juridically, “there should be an end of litigation”—somewhere.

I do not believe in the doctrine that might makes right, and I cherish the high hope that this human family of ours will survive to see war superseded, as the ultimate arbiter, by something more like heaven and less like hell. But in the Philippines in 1900 it was a situation, not a theory, that confronted us, and, as far as my consciously fallible thinking apparatus lights the way which then lay before us, that way led to a shrine whereon was written “A life for a life.” This is no mere academic discussion. With me it is a tremendously practical one. In the gravest possible acceptation of the term it is awe-fully so. If I am wrong, every execution I approved by memorandum review furnished Colonel Crowder and General MacArthur, of military commission findings out there was wrong, and so were a number of the executions I ordered as a judge appointed by Governor Taft under a government which, though nominally a civil government, was no more “civil” in so far as that term implies absence of necessity for the presence of military force, than other governments immediately following conquest usually are. The propriety of the imposition of capital punishment by the constituted authorities of a nation as part of a set policy to make its sovereignty respected, is wholly independent of whether you call your colonial government a civil or a military one. So that in justifying General MacArthur I am also justifying Governor Taft, and as it was on the recommendation of the former that the latter appointed me to the Bench, we are certainly all three in the same boat in the matter of the capital punishments under consideration. And while the company you were in on earth in a given transaction, however distinguished that company, is not going to help you with the Recording Angel,[40] still, it is some comfort to know that wiser and abler men than yourself approved a course of imposing capital punishments to which you were a party, such punishments having been inflicted as part of a policy whose subsequent evolution revealed it to you as fundamentally wrong. And this reflection is quite relevant in the present connection to the question whether the government of Benevolent Assimilation we have maintained over the Filipinos for the last fourteen years is one which was originally imposed by force against their will, or whether it was ever welcomed by them or any considerable fraction of them.

That the MacArthur proclamation of December 20, 1900, concerning the laws of war, was at the time a military necessity, is as perfectly clear to me now as it was then. And yet it may well give the thoughtful and patriotic American pause. It is sometimes difficult to understand why men are so often entirely willing to go on fighting and dying in a cause they must know to be hopeless. The famous passage of Edmund Burke’s speech on “Conciliation with America,”

If I were an American, as I am an Englishman, so long as foreign troops remained on my native soil, I never would lay down my arms, no, never, never, never!

sounds well to us, but from the standpoint of a conqueror, there is a good deal of wind-jamming to it, after all. It was the language of a man who knew nothing of the horrors of war by actual experience, or of what hell it slowly becomes to everybody concerned after most of the high officials of the vanquished government have been captured and are sleeping on dry, warm beds, eating good wholesome food, and smoking good cigars, in comfortable custody, while the vanquished army, no longer strong enough to come out in the open and fight, is relegated to ambuscades and other tactics equally akin to the methods of the assassin. The law of nations in this regard is an expression of the views of successive generations of civilized and enlightened men of all nations whose profession was war—men familiar with the horrors inevitably incident to it and anxious to mitigate them as far as possible. That law represents the common consensus of Christendom resulting from that experience. It recognizes that after resistance becomes utterly hopeless, it becomes a crime against society and the general peace, and this is wholly independent of the merits or demerits of the questions involved in the war. In other words, the greatest good of the greatest number cries aloud that the war must stop. The cold, hard fact is that the great majority of the men who hold out longest are, usually, either single men having no one dependent on them, or nothing to lose, or both, or else they are men more or less indifferent to the ties of family affection, and callous to the suffering fruitlessly entailed upon innocent noncombatants by the various and sundry horrors of war, such as decimation of the plough animals of the country due to their running at large without caretakers or forage; resultant untilled fields and scant food; pestilence and famine consequent upon insufficient nourishment; arson, robbery, rape, and murder inevitably committed in such times by sorry scamps and ruffians claiming to be patriots but yielding no allegiance to any responsible head; and so on, ad infinitum.

General MacArthur’s proclamation of December 20, 1900, served notice on the leaders of a hopeless cause that assassinations, such as that ordered by Juan Cailles, above mentioned, must stop; that the universal practice of the townfolk, of sending money, supplies, and information concerning our movements to the enemy in the field, must stop; that participating in hostilities intermittently, in citizen garb, followed by return to home and avocation when too hard pressed, must stop; in short that the war must stop. Yet the proclamation explained in so firm and kindly a way why the penalties it promised were only reasonable under the circumstances, that “as an educational document the effect was immediate and far-reaching,”[41] to quote from an opinion expressed by its author in the body of it, an opinion entirely consistent with modesty and fully justified by the facts. General MacArthur also goes on to say of his unrelenting and rigid enforcement of the terms of this proclamation that the results “preclude all possibility of doubt * * * that the effective pacification of the archipelago commenced December 20, 1900”—its date. It is a part of the history of those times, familiar to all who are familiar with them, that the Taft Civil Commission thought its assurances of the benevolent intentions of our government were what made the civil government possible by midsummer, 1901. But whatever the Filipinos may think of us at present, now that they understand us better, certainly in 1900–01, in view of the events of the preceding two or three years, which formed the basis of the only acquaintance they then had with us, and in view of the fact that their experience for the preceding two or three hundred years had made force the only effective governmental argument with them, and governmental promises a mere mockery, and in view of the fact that the “never-ceasing patrols, explorations, escorts, outposts,” etc., of General MacArthur’s 70,000 men were relentlessly kept up during the six months immediately following the proclamation and in aid of it, it at once becomes obvious how infinitesimal a fraction of the final partial pacification which made the civil government possible, the Taft assurances to the Filipinos as to our intentions must have been. These matters are of prime importance to any honest effort toward a clear understanding of present conditions, because far and away the greatest wrong which we, in our genuinely benevolent misinformation, have done the Filipinos, not even excepting the tariff legislation perpetrated upon them by Congress, lies in the insufferably hypocritical pretence that they ever consented to our rule, or that they consent to it now—a pretence conceived in 1898 by Trade Expansion, to beguile a nation the breath of whose own life is political liberty based on consent of the governed, into a career of conquest, but not even countenanced since by those who believe the Government should go into the politico-missionary business, after the manner of Spain in the sixteenth century.