“...  And here permit me to remark upon a view of the subject 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 respect, whatever concessions are extended by way of relaxation of trade restrictions, incident to war, to the citizens of these islands will be extended to all alike, and discrimination in this regard is neither intended nor permitted.  Admiral Dewey exercises supervision over all naval matters, and they are in no way related to the duties conferred upon me by law.  Nor would it avail should I seek his consent for greater latitude of action, for even if disposed to grant special concessions he could not do so, and I doubt if the supreme authority of my Government could now, under the prevailing truce with Spain, invest him with the requisite powers to do so and at the same time preserve its international obligations.