ubject you have
advocated in support of the plea for dual occupation of the city's
suburbs. Your forces, you say in substance, should have a share in
the booty resulting from the conquest of the city, on account of
hardships endured and assistance rendered. The facts on which you
base your conclusion granted, your conclusion, under the rules of
war which are binding on my Government, does not follow, for it has
never recognized the existence of spoils of war, denominated 'booty,'
as have many European governments. No enemy's property of any kind,
public or private, can be seized, claimed by, or awarded to, any
of its officers or men, and should they attempt to appropriate any
of it for their individual benefit, they would be very severely
punished through military tribunals, on which have been conferred by
law very sweeping jurisdiction. The enemy's money and property (all
that is not necessary to be expended in administering local affairs
in the enemy's territory) must be preserved for final arbitrament
or settlement by and between the supreme authorities of the nations
concerned. My troops cannot acquire booty nor any individual benefit
by reason of the capture of an enemy's territory. I make this comment,
believing that you hold erroneous opinions in respect to individual
advantages which occupation bestows.

"I request your indulgence while I briefly consider the concessions
you ask us to make as conditions precedent to the retirement of your
forces to the lines indicated by your note of the 27th ultimo.

"The first is: Protection to your shipping and free navigation to
your vessels. Neither the extent of protection nor the limit of free
navigation you request is understood. Certainly you could not mean
protection on the high seas, or in the ports not in the rightful
possession of the United States. That, as you are fully aware, could
only be effected by treaty, or guarantee, following international
recognition of the belligerent rights of the Philippine revolutionary
government. While the existing armistice continues, the United
States are in rightful possession, in so far as the navigable waters
of the Philippine Islands are concerned, only of the bay of Manila
and its navigable tributaries. Within the same all vessels of trade
and commerce and the war vessels of recognized national powers sail
freely as long as the sovereignty of my Government is not assailed
nor the peace of the locality threatened. In this re