Evening journal., 1898-11-05
SPANS ANSWER In.
Refuses to Accept Our Philip
pine Terms.
CAPTURE OF MANILA HELD ILLEGAL
Took Place After signing of ProtO-
col nnd Cannot stnnd-spnninrds
Sny United States Has No UIti-
mnte Rights In Philippines.


mnte Rights In Philippines.
PARIS, Nov. 5.-The Spanish commits
sioners, in the course of a two hours
session Of the peace conference yester-
day, fatty refused TO accept Mondays
proposition by the Americans TO take
the entire Philippine group and to re-
imburse Spain for her pacific expendi-
tures' there.
This negative decision was expected.
The Spanish commissioners had also a
number OF positive declarations. which
filled some 81 sheets of a typewritttn
presentment. In this statement eho
spaniards held that the United Staes
had no ultimate rights In the Philip
pine archipelago and could have none
save by the consent of Spain I'm these
negotiations and upon terms satisfac-
tory TO her According TO the Spanish
contention I'm the formal statement, the
United States entertained no thought
OF annexing the Philippines when the
protocol was signed or Il would have
been expressed in the protocol az clear
ly as the conditions regarding the ces-
sion OF territory I'm the Antilles and the
orient. NJ. Cambon, before the sigma
ture OF the protocol, received from Mad
rid, the presentment alleged a cable
maintenance OF Spain's authority over
the Philippines should not be affected
by the protocol, TO which reservation
the United States made at that time no
protest or objections.
This dispatch to M. Cambon, as the
Spaniards claimed yesterday embodied
also the view that the United states
had no valid basis for claims In the
archipelago.
It was further held yesterday by
Senior Rios and his colleagues that the
capitulatlon of Manila, having occurred
after the signing of the protocol, and
thus after the suspension of hostillties,
was invalid.
With all this for n groundwork the
Spaniards made their first positive
move against the Americans. and II
constituted their counter proposition.
They charged upon the United States a
wrongful appropriation OF public mon
eys belonging TO Spain by SELLING the
tariff duties at Manila, and they for
mally demanded the return of these
moneys, In the sum of nearly 81 900 600.
on the same premises the United
States was yesterday declared TO have
made and held as prisoners the Span
ish troops at Manila In violation OF in
ternatlonal law because done after the
suspension of hostllities under the pro-
tocol A further charge was that by the
imprisonment Of the Spanish troops at
Manila the United States had prevented
Spain from quelling the insurrecton
and had thus contributed to the vio-l
lence against Spain after the cessation
OF hostilities.
The Spanish presentment also cited
the refusal Of the Americans to con-
slider the Cuban debt on the ground
that II was not mentioned I'm the pro-
tocol and demanded an adherence 10
this as a precedent in the discussion Of
the Philippines, regarding a cession Of
which the Spanish commissioners held
the protocol 10 make no mention.
In support OF these assertions, argu-
ments and demands the Spanish pre-
sentiment invokes SPANS record in the
correspondence by mail and telegraph,
though It is not known unonicially
whether the Spaniards produced the
message said 20 have been sent from
Madrid TO M. Cambon at the time the
protocol was signed, in which. It was
affirmed yesterday. Spain reserved her
Philippine sovereignty
The presentment was read by Inter
prefer Ferguson, being rendered from
the Spanish, I'm which Il was written,
into English. At the close Of the read
ing the Americans said they wished to
have the Spanish statement rendered
into written English for more careful
consideration. and an adjournment was
taken to Tuesday next.
The Spaniards affect to believe that
the Americans had planned 10 develop
the spirit Of their Philippine demands
before the American elections, but they
decline TO say whether they expect
ca ffars a1aaffnpg
The entire clerical force Of the Amer
ican commission was busy the grec ter
part OF last night IN handling the Span
ish presentment. and the counsel to
the commissioners viii at the same
time examine Il with a view TO today's
private session Of the American coma
mission, when a response will be formu-
lated.
Il may again be asserted on the high
est authority. as bearing on the Span
ish argument that when the protocol
was signed there was no understanding.
verbal or otherwise. which the protocol
does not show forth. Nor have the
American commissioners at any time. on
the other hand, held or believed that the
protocol. per Sc. determined anything
against spains sovereignty in the Phil
ippines. The American representatives
have. however held and doubtless will
hold that the protocol was meant tc
provide and does provide for decision
by the Paris conference regarding tho
ownership Of the Philippines.
In this connection. too. the Americans
will undoubtedly cite the fact that orig
inally the protocol contained the wore
possession" instead of disposition.
the latter having been substituted al
NJ. Camhon's request and in deferenc,
TO Spanish sensibnities. The origina
reading will unquestionably be REQUIRED
TO now as indicating the mental atti
tude of the American signer OF the pro
tocol toward American possession o
the Philippines. This line of reasonin,
naturally will include the question d
the precedent which the Spaniards sa,
was created by the refusal of the Unit
ed States 10 consider the Cuban deb
because 1t was not mentioned In IN
protocol.
IL is possible that the American com
missioners viii finally concur with tn
Spanish contention that the capitula
tion of Manila. coming after the sign
ing OF the protocol was invalid =