Because the protocol establishing peace between the United States and Spain had been signed a few hours before the capture of Manila, it was believed that the United States was bound by the third article of the protocol, which reads:
The United States will occupy and hold the city, bay, and harbor of Manila pending the conclusion of a treaty of peace, which shall determine the control, disposition, and government of the Philippines.
Awaiting the Peace Commission.
Thus Spain was to remain the nominal possessor of the Archipelago, until the decision of the Peace Commission.
Pending the conclusion of the peace negotiations, and the disposition of the islands, it was settled that the authority of the United States was to be supreme. Both Spaniards, and insurgents were thus to have no share in the Government. The Americans were conquerors; the Spaniards, as the conquered, had lost all right to a voice in public affairs. There was, however, some doubt on the part of the American commands as to the status of the insurgents; who, though they had but little part in the capture of Manila, had done effective work in other parts of Luzon, having driven the common enemy step by step to the gates of the capital. The revolution, too, was spreading, and new complications arose every day.
In reply to their joint-message for instructions, General H. C. Corbin cabled General Merritt as follows:
INSTRUCTIONS TO MERRITT.
Adjutant-General’s Office, Washington, D. C., August 17, 1898.
Major-General Merritt, Manila, Philippine Islands:—The President directs that there must be no joint-occupation with the insurgents.