The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-08-18
arranged, as he brought with him his
family and suite
NOT INCLUDED IN TIE PROTOCOL.
Manila Is Held by Virtue of Military
Qraca fic1,a s=.--a=..la=.

operations and Surrender.
WASHINGTON. Aug. 17.-Now that the
surrender of Manila has been officially re-
ported, it can be stated that Manila is being
held by virtue of the military occupation
and surrender. and not by virtue of the pro-
tocol. The difference is said to amount to
little in practical results, yet. such as it is.
officials agree that the occupation is the
result of the combined military and naval
operations According to Admiral Deweys
dispatch the surrender occurred about p.
m. last Saturday. The peace protocol was
signed at 4:25 D. m. on Friday 1t is said
that the difference in time between Manila
and Washington is such that the surrender.
reckoned on Washington time would be
about twelve hours ahead of the time at
Manila, or about a. m. Saturday morning.
In point Of actual time, therefore, the sign
ing of the peace protocol preceded the
actual surrender of Manila by few hours.
But it is a we'll established rule of military
law, accepted the world over, that peace
armstice or cessation of hostilities, does
not become binding upon commanding OFF,
GERS until they receive actual notice of it.
This rule is expressed in the United States
regulations governing armies in the field as
follows:
Article 49, An armistice is binding upon
the belligerents from the day of the agreed
commencement; but the officers of the
army are responsible from the day only
when they receive official notice of it's ex-
istence." !
Under this rule Admiral Dewey and Gen.
Merritt would be bound by the armistice
only from the time the notice of it reached
them at Manila This could not have oc-
CURED on Saturday, prior to the lombard
ment, the cable was not working and no
dispatch boat could have got through with
the notice before Monday Tuesday. In
short it is agreed in all official quarters
that the forcible taking of Manila was en-
tirely regular, and that the city and bay is
now held on the basis of this military and
enforced taking rather than on the basis
of the mutual arrangement between the two
countries. This may become material when
the question arises as to the future of the
Philippines. for it is likely to proceed from
the American standpoint that Manila was
taken by force of arms, and is so occupied.
There has been no time to consider what
will be done with the seven thousand Span
ish prisoners taken, but the fact that an
amicable understanding has been reached
with Spain as to the occupa ton of Manila
will probably operate to tighten the condi-
ton of these prisoners.
1t was learned at the War Department
to-day that the reopening of the cable to
Manila was surrounded by some complica-
tions. This cable was laid by British COM
pany by permission of the Spanish govern
ment, which granted the company a sub
sidy. When Admiral Dewey cut the cable
because the Spanish authorities would not
allow him the use of it, it was sealed up at
Hong-k ong by order of the Spanish gov
eminent, and it is claimed that an order
from the Spanish government will be nee
essary before the company will be author
lied to reopen it, 1t has been believed all
along that as soon as Manila was in pos
session of the Americans the cable COM
pany would feel at liberty to restore cable
communication between Hong-Kong and
Manila. But this is not the view of officials
of the War Department who have looked
into the subject.