The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-02-08
NOT A BAR.
General Otis May Maintain Order and
Defend Himself.

WASHINGTON, Feb. 1.-THE authorities
of the State and War Departments were in
consultation to-day on the legal status of
General Otis, in view of the protocol which
binds the American forces to maintain the
status quo in the Philippines till after the
ratification of the treaty by Spain and the
United States. The fact that the treaty
must be ratified by both parties to the con-
tract was momentarily lost sight of by
many persons at the first flush of excite
ment over its ratification by the Senate, and
it was commonly remarked by army officers
and others in the department that the Phil
ippines now being American territory, Gen.
Otis was at liberty to handle the Filipinos
as he would an Indian outbreak or railroad
riot. The fact, however, is that the Philip
pines do not become American territory I'M
til after the treaty has been ratlted by the
Spanish Cortes. This will not hamper Gen.
Otis in maintaining order and following up
his victory of Saturday ana sunday. II was
said at the State Department to-day tnal,
while the Americans are still bound by the
protocol, there is nothing in the document
to prevent the American commander IRON
maintaining order in tie Islands, ana ne
in fact, is compelled by the terms or the
protocol to do SO. In carrying out inns Cd
legation he is not confined TO Manila or to
any other region, but may extend his INES
wherever necessary to preserve order ana
prevent the reassembling and further prep
dr1IlOn OF any peISOIlS VIII ldNC hOiN
the peace agreement, or who are preparing
to do so again. This polite statement OIL
the legal authorities of the department was
supplemented by the brusque remark OF one
of the army officers, who was a party 70
the conference, that General Otis's Jur1so
diction extends beyond his outposts l,SO
yards, with the sights up, wherever he hap
pens to be"
The decision regarding the protocol and
the status quo in the Philippines, 1t is saldc,
applies also to the case of Agoncillo and his
agents in this country and In Canada. Ihey
are not citizens of the United States in re-
bellion, whatever else they may be. AS a
matter of fact, they are not giving the ad-
ministration much concern, ana are nor re-
ceiving any particular attention beyond oe-
ing kept under surveillance by the secret
service men, so that hand can be laid on
them whenever they are wanted. rms lat
ter contingency applies, of course, only 70
the two very lonely Filipinos remaining IN
Washington, one sick and both badly
scared. AS to Agoncillo's statement In
Montreal that he had gone there because
he could communicate better with ms
friends around Manila, it was po1nted out
today by the authorities having control OF
the wires that Agoncillo will be no better
off in Montreal than he was here, as the
Manila censor will take care OF anything
filed for him there, although he, OF course,
can communicate with his friends IN 1ohs-
Kong.
General Otis has already been notified by
the War Department of the ratihcatlon OF
the peace treaty. as stated. A copy OF the
treaty was mailed him about a month ago,
hit on receipt of the department telegram
Yesterday he replied that he had not seen
the text of the treaty and had nothing, put
newspaper reports of it's contents on when
to act. The War Department accordingly
to-day cabled the entire treaty to General
otis for his and it will be pub
lished by him throughout MS Jurlsdlctlon
upon its receipt, as a proclamation.