rbs of the city of Manila,
to which you promise to retire your troops, and name as conditions
precedent: First, protection to your shipping by the United States
Navy, and the free navigation of your vessels within the waters in
United States occupation; second, restitution to your forces of all
positions which are now occupied by your troops, in the event that
treaty stipulations between the United States and Spain surrender
to the last-named government the territory occupied by the former;
and thirdly, that United States troops now occupying positions beyond
the lines you name shall retire within the same.

"A discussion of your proposition to hold, jointly, with the United
States Government, the city of Manila, involves consideration of some
of the other concessions you desire to be made, and to that I will
at once refer. I wish to present the matter, in the first instance,
in its legal aspect, although, from remarks contained in former
correspondence, I am of the opinion that you are fully aware how
untenable the proposition is. The United States and Spain were and are
belligerent parties to a war, and were so recognized by the civilized
world. In the course of events the entire city of Manila, then in
full possession of Spanish forces, was surrendered to the first-named
belligerent power. The articles of agreement and capitulation gave the
United States Government full occupancy of the city and defences of
Manila, and that Government obligated itself to insure the safety of
the lives and property of the inhabitants of the city to the best of
its ability. By all the laws of war and all international precedents
the United States authority over Manila and its defences is full and
supreme, and it cannot escape the obligations which it has assumed.

* * * * *

"But conceding, as you do, the strictly legal right of my Government to
hold and administer the affairs of the city of Manila and its suburbs
(I thus conclude from expressions contained in former correspondence
and from my appreciation of your intellectual attainments), you
base your proposition--a joint occupation--upon supposed equitable
grounds, referring to the sacrifices your troops have made and the
assistance they have rendered the American forces in the capture
of Manila. It is well known they have made personal sacrifices,
endured great hardships, and have rendered aid. But is it forgotten
that my Government has swept the