Part 17 (1/2)

I. For the maintenance of law and order in those portions of the Philippines occupied or controlled by the Army of the United States, and to provide means to promptly punish infraction of the same, Military Commissions and Provost Courts, composed and const.i.tuted in accordance with the laws of war, will be appointed from time to time as occasion may require.

II. The local courts, continued in force for certain purposes in proclamation from these headquarters, dated August 14th, 1898, shall not exercise jurisdiction over any crime or offense committed by any person belonging to the Army of the United States, or any retainer of the Army, or person serving with it, or any person furnis.h.i.+ng or transporting supplies for the Army; nor over any crime or offense committed on either of the same by any inhabitant or temporary resident of said territory. In such cases, except when Courts Martial have jurisdiction, jurisdiction to try and punish is vested in Military Commissions and the Provost Court, as hereinafter set forth.

III. The crimes and offenses triable by Military Commission are murder, manslaughter, a.s.sault and battery with intent to kill, robbery, rape, a.s.sault and battery with intent to rape, and such other crimes, offenses, or violations of the laws of war as may be referred to it for trial by the Commanding General. The punishment awarded by Military Commission shall conform, as far as possible, to the laws of the United States, or the custom of war. Its sentence is subject to the approval of the Commanding General.

IV. The Provost Court has jurisdiction to try all other crimes and offenses, referred to in Section II of this order; not exclusively triable by Courts Martial or Military Commission, including violations of orders or the laws of war, and such cases as may be referred to it by the Commanding General. It shall have power to punish with confinement, with or without hard labor, for not more than six (6) months, or with fine not exceeding Two Hundred and Fifty Dollars ($250.00) or both. Its sentence does not require the approval of the Commanding General, but may be mitigated or remitted by him.

V. The Judge of the Provost Court will be appointed by this Commanding General. When in the opinion of the Provost Court its power of punishment is inadequate, it shall certify the case to the Commanding General for his consideration and action.

By Command of Major-General Merritt: _J.B. Babc.o.c.k_, Adjutant-General.

Official: _Bentley Mott_, Aid.

_Headquarters Department of the Pacific and Eighth Army Corps._

Manila, P.I., August 22nd, 1898.

_Special Orders_, No. 32.

1. Upon the recommendation of the Intendente General de Hacienda, Major R.B.C. Bement, Engineer Officer, U.S. Volunteers, is hereby appointed Administrator de Hacienda (Collector of Internal Revenue), and will report without delay to Brigadier-General F.V. Greene, U.S. Volunteers, Intendente General, Manila.

2. The following orders are confirmed: Special Orders No. 5, Headquarters Second Division, Eighth Army Corps, August 6th, 1898, placing First Lieutenant W.G. Haan, 3rd U. S. Artillery, in command of a separate battery to be organized by details from batteries of 3rd U.S. Artillery, to man the Hotchkiss revolving cannon brought on the transport Ohio.

3. Private H.J. Green, Company E, 2nd Oregon Volunteer Infantry, detailed on special duty at these headquarters, will be paid commutation of rations at the rate of seventy-five cents per diem, it being entirely impracticable for him to cook or utilize rations. He will also be paid commutation of quarters at the usual rate. Both commutations to be paid while this man is employed on his present duty and stationed in this city, and to date from and inclusive of the 16th inst.

4. Corporal Jerome Patterson, Company H, 23rd U.S. Infantry, Corporal James Maddy, Company F, 2nd Oregon Volunteer Infantry, Private Emmett Manley, Company D, 23rd U.S. Infantry, Private Robert M. Nichols, Company A, 1st Idaho Volunteer Infantry, Private P.H. Sullivan, Company F, 23rd U.S. Infantry, are hereby detailed on special duty at these Headquarters., and will report at once to the Adjutant-General for duty.

5. Lieutenant-Colonel Charles L. Jewett, Judge Advocate, U.S. Volunteers, is hereby appointed Judge of the Provost Court, for the city of Manila. He will hold the sessions of his court at the headquarters of the Provost-Marshal-General. The Quartermaster Department will provide the necessary offices and office furniture.

The Provost Court will be attended by one or more a.s.sistant Provost-Marshal, to be detailed by the Provost-Marshal-General, who will be charged with the duty of enforcing its orders and executing its processes. The form of accusation in the Provost Court will be substantially the same as that used in Courts Martial, and a record of all cases tried, a.s.similated to that of the summary court, will be kept.

6. Upon the recommendation of the Chief Commissary of the Department of the Pacific, the issue to Spanish Prisoners by Major S.A. Cloman, C.S., U.S. Vols., Depot Commissary, Cavite, P.I., of one (1) box of soap (60 lbs. net) is hereby confirmed.

7. Sergeant Charles H. Burritt, Company C, 1st Wyoming Volunteer Infantry, will report to Lieutenant Morgareidge, 1st Wyoming Volunteer Infantry, on board Steamer Ohio, for temporary duty in unloading commissary supplies.

Upon completion of this duty Sergeant Burritt will rejoin his Company.

8. Lieutenant Charles H. Sleeper, 1st Colorado Volunteer Infantry, is hereby appointed Deputy Collector of Internal Revenue, and will report to Major R.B.C. Bement, U.S. Vols., Administrator de Haciena (Collector of Internal Revenue), for instructions.

9. Lieutenant-Colonel Charles L. Potter, U.S. Vols., Chief Engineer Officer, Eighth Army Corps, will a.s.sume charge of the water supply of this city, and will report to Brigadier-General Arthur MacArthur, U.S. Vols., Military Commandant of Manila, for instructions.

By Command of Major-General Merritt:

_J.B. Babc.o.c.k_, Adjutant-General.

Official: _Bentley Mott_, Aid.

The responsibilities of General Merritt in his Manila, campaign were graver than the country understands, and his success was regarded as so much a matter of course that there has been forgetfulness to take into account the many circ.u.mstances that gave anxiety preceding decisions that seem easy now that they have been vindicated by events. The departure from San Francisco of the Major-General commanding the Philippine expedition was as well known to the Spanish as to the American cabinet, and there is reason to think there were no important particulars of the sailing of the third division of our Philippine soldiers unknown to enemies. There were in gold coin, a million and a half dollars in the strong box of Merritt's s.h.i.+p, the Newport. The Spanish spies were not as well posted as an average hackman, if they did not report the s.h.i.+pment of gold. It would have been a triumph for Spain to have captured the commanding general and the gold, the Astor Battery and the regular recruits with the headquarters s.h.i.+p, The Spanish were known to have a gunboat or two lurking in the islands within striking distance of our transports, unarmed vessels--except a few deck pieces of field artillery--with more than a thousand men on each. General Merritt wanted the escort of s.h.i.+ps of war to make all secure, and application to Admiral Dewey to send one of his war boats, brought the statement that he could not spare a s.h.i.+p. Just at that time he heard of the run by Camara with the Cadiz fleet Eastward on the Mediterranean, and soon he had word that the Pelayo and her companions were in the Suez ca.n.a.l. General Greene had not arrived at Manila at that time, and the monitors Monterey and Monadnock were getting along slowly. Dewey knew he would have to evacuate the scene of his victory in case Camara was fully committed to go to Manila, and wait for the Monitors, and when he got them he said he would return and sink another Spanish fleet, but that was something it might be critical to explain, and General Merritt, after leaving San Francisco, did not get any news for twenty-six days. All that time he would have had no justification for surprise if he had been attacked by a Spanish gunboat, and if the Spaniards had pushed on their Rapide--the converted German liner the Normania--she could have been handled to cut off the American reinforcements on the way to the camps of the little American army already landed. When General Merritt reached Cavite, he found the situation difficult for the army and pushed things as the only way to get out of trouble. He had two armies to deal with, one the Spaniards, fiercely hostile, and the other, the Filipinos, factional and jealous, each outnumbering by five thousand the American forces with which the city was a.s.sailed and finally captured. There was no time lost, and if there had been any delay, even two days, the peace protocol would have found our army in the trenches, and the city belonging to the Spaniards. It was the energy of General Merritt, heartily shared by his division commanders, that prevented this embarra.s.sment, which would have been a moral and military misfortune. We have given the General's orders to his troops and the Filipinos after the fall of the city--also his original statement of policy, and noted how cleverly they supported each other, and how smoothly the work of organization and administration is carried on the world is well aware. The orders deputing the officers to discharge certain duties are plain business. There was no departure from the strict, straight line of military government, and the threatened entanglements firmly touched pa.s.sed away. There was nothing omitted, or superfluous, and the purpose and programme of policy was made clear by events. The confusion overcome by the genius of common sense there was order, all rights respected, the administration was a success from the beginning and continued, and is to be continued--security is established, there is public confidence in the air--the ”faith and honor of the army”