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Tuesday, June 26, 2007

How the 1898 Treaty of Paris was railroaded

(This write-up is identical to the article with the same title found on pages 177-182 of the book entitled "The Filipino Tragedy and Other Historical Facts Every Filipino Should Know," published by the author.  The sources and references indicated here are contained on pages 402-415 of the book.)



Is it not rather unusual that the United States had to pay $20 million to Spain in order to effect the annexation of the Philippine Islands?  If the spoils of war are the prerogative of the victor, as the saying goes, why pay? 

The documents submitted by the McKinley administration to the U.S. senate give detailed accounts of how the Treaty of Paris was consummated. Of particular interest is the revelation that the Spanish Commissioners opposed the idea of relinquishing control over the Philippine Islands and wanted to submit the issue for arbitration. But the American side did not want any further delay in the negotiations so it submitted a "take it or leave it" offer of $20 million to buy the Philippines, accompanied by a threat to renew hostilities if the offer was rejected. The Spanish commissioners caved.

This article attempts to examine the motivations that led to the consummation of the Treaty of Paris on December 10, 1898.



A Peace Protocol that ended the Spanish-American war preceded the Treaty of Paris.  The protocol was signed on August 12, 1898, in Washington DC by Secretary William R. Day of the U.S. State Department and French Ambassador Jules Cambon, who acted as plenipotentiary of Spain.

Article I of the Peace Protocol provided for the relinquishment by Spain of all rights and sovereignty over Cuba which paved the way for the establishment of an independent Cuba. 

Article II provided for the cession of Puerto Rico and several other islands in the West Indies and in the Ladrones by Spain to the United States and these territories became possessions of the United States.

However, the Peace Protocol did not clearly define status of the Philippines.  A vague provision gave the United States the right to occupy the bay, harbor, and city of Manila, as follows:
"Third. On similar grounds, the United States is entitled to occupy and will hold the city, bay and harbor of Manila, pending the conclusion of the a Treaty of Peace, which shall determine the control, disposition and government of the Philippines." (United States[treaty], 274).
The Philippines control, disposition, and government were finally determined and contained in what is now referred to as the Treaty of Paris. Article III of the treaty provides as follows:
""Spain cedes to the United States the archipelago known as the Philippine Islands, comprehending the islands lying within the following line:

 

“A line running from west to east along or near the twentieth parallel of north latitude, and through the middle of the navigable channel of Bachi, from the one hundred and eighteenth (118th) to the one hundred and twenty-seventh (127th) degree meridian of longitude east of Greenwich, thence along the one hundred and twenty-seventh (127th) degree meridian of longitude east of Greenwich to the parallel of four degrees and forty-five minutes (40 45') north latitude, thence along the parallel of four degrees and forty-five minutes (4 45') north latitude to its intersection with. the meridian of longitude one hundred and nineteen degrees and thirty-five minutes (11190 35') east of Greenwich, thence along the meridian of longitude one hundred and nineteen degrees and thirty-five minutes (1190 35') east of Greenwich to the parallel of latitude seven degrees and forty minutes (70 40') north, thence along the parallel of latitude seven degrees and forty minutes (70 40') north to its intersection with the one hundred and sixteenth (1.16th) degree meridian of longitude east of Greenwich, thence by a direct line to the intersection of the tenth (10th) degree parallel of north latitude with the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich), and thence along the one hundred arid eighteenth (118th) degree meridian of longitude east of Greenwich to the point of beginning. 

"The United States will pay Spain the sum of twenty million dollars ($20,000,000) within three months after the exchange of the ratification of the present treaty." (United States[Treaty], 264-265)

During the negotiations between the American and Spanish commissioners, it became clear that the United States wanted to take over from Spain control of the Philippines. The Spanish Commissioners rejected the American position on the basis that the Peace Protocol of Washington merely provided for temporary possession and occupancy of the city, bay, and harbor of Manila and did not admit the possibility that the United States would in any way claim any sovereignty over the Philippine Island.

The parties were deadlocked and unable to agree. Spain proposed to take the issue to arbitration. The prospect of subjecting the treaty to unnecessary delay was not acceptable to the American Peace Commissioners. Therefore, to this Spanish proposition, the American side made a counteroffer to pay $20 million to Spain, which the Spanish Commissioners viewed as a “take it, or leave it” offer, accompanied by a threat to renew the hostilities, as can be gleaned from the following reply issued by the Spanish Commission:
“…The Spanish Commissioners are now asked to accept the American proposition in its entirety and without further discussion, or to reject it, in which later case, as the American Commission understands, the peace negotiation will end and the peace Protocol of Washington will, consequently, be broken.” (United States [Treaty], 213)
The American gambit worked and Spain yielded, expressing its total surrender to the United States position in the following terms:
"The government of Her Majesty, moved by lofty reasons of patriotism and humanity, will not assume the responsibility of again bringing upon Spain all the horrors of war. In order to avoid them it resigns itself to the painful strait of submitting to the law of victory, however harsh it may be, and as Spain lacks material means to defend the rights she believes are hers, having recorded them, she accepts the only terms the United States offers her for the concluding of the Treaty of Peace." (United States [Treaty], 213)
Thus, the Treaty of Paris was signed and the United States took possession of the Philippines Islands under questionable circumstances. What follows is a question and answer on this very unusual treaty:

Question No. 1 - The American commissioners heard several testimonies from the American generals assigned in the Philippines, from experts on natural resources and from the famous English author, John Foreman, but not from any Filipino, viz:"
The testimony of no Filipino, nor representative of that people, appears to have been taken by American commissioners at Paris, who had summoned before them witnesses from all over the globe to testify about the islands and the people there. The treaty was signed, and then came the demand upon the Filipinos for immediate and absolute allegiance to the United States." (Thomas, 61)
The Filipino official, Felipe Agoncillo, handpicked by President Emilio Aguinaldo to represent the Filipinos at the conference, was refused recognition and barred from presenting the case for the Filipinos. In contrast, the credentials of the representative of the Catholic Hierarchy, Bishop Placido Chapelle, were recognized, and he was given the opportunity to work out a special provision in the treaty, i.e., Article VIII, which provided for the protection of the property and rights of the Catholic Church in the Philippines. Why were the Filipinos ignored and barred from the conference? 

Answer: The fact is the Spanish authority in the islands had ceased after Manila, the seat of the Spanish government was surrendered to the Americans on August 13, 1898. While the Americans held the city of Manila, the Filipinos were in control of the country. If there were any negotiations about the future of the islands, it should have been between the Americans and the Filipinos. The exclusion of the Filipinos from the treaty negotiations, according to Mabini, violated international law and the natural divine rights of Filipinos to whom belongs the sovereignty of the islands (Taylor, Vol. 4, 64-66).  

Question No. 2 - The United States annexed Puerto Rico and the Philippines, but granted Cuba its independence. Why the difference in treatment?

Answer: It must be borne in mind that the United States prided itself as the land of the free, the bastion of democracy, and enshrined in its constitution the proposition that all men are created equal. Accordingly, in dealing with the issue of acquisition of foreign territories, the administration of U.S. President William McKinley had to reckon with the constitutional restraint and libertarian tradition of the American people, lest the United States is branded a neo-colonialist or accused of being unfaithful to its democratic heritage. Be that as it may, it is now possible to speculate why the Peace Protocol was framed in such a way that Spain ceded Puerto Rico and freed Cuba, but was indecisive as far as the Philippine Islands was concerned.

The Cuban people were in a state of rebellion against Spain and, therefore, had clearly expressed their desire to be free and independent. To hold Cuba as a colony against the wishes of the Cuban people would be viewed as an act of imperialism. Hence, Article I of the Peace Protocol provided for the relinquishment of Spanish sovereignty over Cuba which led to its independence from foreign rule.

In the case of Puerto Rico, the people were not in a state of rebellion against Spain and did not express their desire to be free and independent. Leaving the territory in the hands of Spain or without a functional government would be irresponsible. Hence, the annexation of Puerto Rico as provided in Article II of the Peace Protocol was justifiable because temporarily holding the territory until the Puerto Ricans finally decide what they want for themselves would be viewed as humanitarian.

A different case presents itself for the Philippine Islands. The Filipinos have already thrown off the Spanish yoke and established a government of their own with full knowledge of the representatives of the U.S. government and, presumably, McKinley and Washington officials. Not only did the Filipinos express their desire to be free and independent, but they were, in fact, already administering the country and the remnants of Spanish authority were hopelessly holed up in an area called Intramuros in the besieged capital of Manila.

If the United States were true to her libertarian and democratic traditions the direction for the Philippines was no other than an independent republic.  However, the cards were stacked against the Filipinos. For one, the British did not favor the idea of an independent Filipino republic because it would be like setting a bushfire that could spread all throughout the British empire in the Orient. The British press actively supported the annexation of the Philippines by the United States which must have influenced the administration of President McKinley to entertain the idea of a colony in the Far East. Attached to the treaty documents forwarded by President McKinley to the U.S. Congress was item no. 14, "Protectorates, colonies and non-sovereign states", and item no. 15, "The Federated Malay States: A sketch of growth and political organization by Francis B. Forbes.

The major factor was protecting the interest of the Catholic church  To the Vatican, the independence of the Filipinos would mean the confiscation of its rich farmlands, the destruction of the religious orders, and probably horrific revenge on the friars. Accordingly, Cardinal Gibbons and Archbishop Ireland were instructed to move to Washington while Bishop Chapelle was sent to Paris. As later events showed these moves brought positive results most favorable to the Vatican because President McKinley was influenced to retain the Philippines as an American territory and the property and interest of the Catholic church were protected from seizure through a provision in Article VIII of the peace treaty.

The pressure brought to bear upon the United States by the British and the Vatican were the principal factors that shaped Article III of the Peace Protocol that would hold the status of the Philippines in abeyance until it was successfully resolved at the Treaty of Paris in favor of annexation.

In the meantime, the administration of President William McKinley would have already perfected the clever ploy – convince the American people that the Filipinos were savages and unfit to govern themselves, and the United States was coming to educate and prepare them for self-government.  This course of action was successfully executed with the implied consent of the American people, which meant securing a license to keep the Philippines as a colony, which was what McKinley wanted in the first place.


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