Coming, as this statement did, after the offer made in the memorandum hereinbefore referred to, it must have aroused the suspicions of Aguinaldo and his associates, and in my opinion Merritt’s conduct in making such a proposal in the first instance was inexcusable.

Before he could terminate the negotiations which followed he was called away, and turned this matter, together with other unfinished business, over to his successor, General E. S. Otis.

On August 31, 1898, the latter official wrote to Aguinaldo as follows:—­

“General Aguinaldo, Bacoor: 

“Referring to promise made by General Merritt to reply to your letter of August 27 within four days, I desire to state that he was unexpectedly ordered away and had not opportunity to reply.  Being unacquainted with the situation, I must take time to inform myself before answering, which I will do at the earliest opportunity.

“Otis.”

On September 8 General Otis wrote Aguinaldo a long letter fully discussing the whole situation in the light of the complete information which he had meanwhile obtained.  Since so much has been made of this incident by Blount and others, I invite attention to the following extracts from General Otis’s letter, which embody a fair and judicial statement of the conditions which existed:—­

“You designate certain lines within the suburbs 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.