Mabini, the ablest of all Aguinaldo’s advisers, did not approve of the constitution.  He himself had drawn up a project for a constitution during June, 1898, but it was not accepted by the committee, the greater part of whom were Catholics and for that reason opposed to Mabini, who was a bitter antagonist of that church.  And yet when separation of church and state was finally provided for it did not please Mabini, who, although he was opposed to church control, wrote to Aguinaldo [385] that the constitution as passed by congress was not acceptable and should not be promulgated because the constitutional guarantees of individual liberty could not be maintained, as the army had to be in control for the time being, and furthermore it was not expedient to separate church and state, as this separation would alienate many of their adherents.  Indeed, there was not much in the constitution which he thought ought to take immediate effect, [386] and he wrote that congress was ill-disposed toward him because he had refused to agree to its promulgation.  Existing conditions were such that he believed that all powers should be vested in one person.  He warned Aguinaldo that if the constitution were put in force, he would be at the mercy of his secretaries.  On January 1, 1899, Aguinaldo, probably at the suggestion of Mabini, proposed certain changes in it. [387]

Evidently the provisions of the constitution did not worry Aguinaldo much, as is shown by his reply to the request by some of his officers for information as to what reward those who were first in the attack on Manila should receive.  He promised them such titles as marquis, duke, etc. [388]

On January 2, 1899, Aguinaldo announced the formation of a new cabinet made up as follows:  Apolinario Mabini president and secretary of foreign affairs; Teodoro Sandico, secretary of the interior; Mariano Trias, secretary of the treasury; Baldomero Aguinaldo, secretary of war and navy, and Gracio Gonzaga, secretary of fomento. [389] On January 4 Mabini took the oath of office as the president of the council of government.  This body met twice a week at Malolos on set days, and at the close of its deliberations forwarded to Aguinaldo a statement of the subjects discussed and the conclusions reached for his decision.  The president of the republic did not preside at, or take part in, its deliberations.

On January 4, 1899, General Otis issued a proclamation in which he announced that the United States had obtained possession of the Philippines and that its government would beextended over the islands of the archipelago.  Aguinaldo replied next day with one which, if not intended to be a declaration of war, was at least a warning that hostilities were imminent.  This proclamation was carried into Manila by his emissaries and posted up over the one issued by the American commander.  It was a challenge to a trial of strength, and Aguinaldo and his advisers hastened their preparations for the coming combat.