WHAT THEN?
It has been urged by one class of our citizens that we abandon the
islands because they are a source of military weakness, and that we
guarantee their independence, which in plain English means that we
hold ourselves ready to fight for them! They insist that with our
Caucasian origin and our years of hard-earned experience, we are not
fit to govern them, but that their Filipino inhabitants, who are the
Malayan savages of the sixteenth century, plus what Spain has taught
them, plus what they have so recently learned from us, are fit to
govern themselves and must be allowed to do so under our protection.
In other words, having brought up a child who is at present rather
badly spoiled, we are to say to the family of nations: "Here is a
boy who must be allowed to join you. We have found that we are unfit
to control him, but we hope that he will be good. You must not spank
him unless you want to fight us."
It has been suggested that we get other nations to agree to the
neutralization of the islands. Why should they? Are we prepared
to offer them any tangible inducements, or do we believe that the
millennium has arrived and that they are actuated by purely altruistic
motives in such matters?
Blount quotes with approval the following statement of Secretary
William Jennings Bryan:--
"There is a wide difference, it is true, between the general
intelligence of the educated Filipino and the labourer on
the street and in the field, but this is not a barrier to
self-government. Intelligence controls in every government,
except where it is suppressed by military force. Nine-tenths of
the Japanese have no part in the law-making. In Mexico, the gap
between the educated classes and the peons is fully as great as,
if not greater than, the gap between the extremes of Filipino
society. Those who question the capacity of the Filipinos for
self-government forget that patriotism raises up persons fitted
for the work that needs to be done." [213]
This sounds well, but will it bear analysis? We are now being furnished
a practical demonstration of the results achieved by people like the
Mexicans when they attempt to conduct a so-called republic. Whether
the gap between the extremes of Mexican society is as great as that
between the extremes of Filipino society depends on what one includes
under the latter term. If one limits it to the Christianized natives,
the statement quoted is true. If one includes the non-Christians
which constitute an eighth of the population, it is not true.
Would the United States care to assume responsibility for conditions
in Mexico without any power to exercise control over the government
of that country? Those who demand that we guarantee the independence
of the Philippines are advocating a thing precisely similar to this,
except that torture and burying alive do not seem to be in vogue in
Mexico, and would be practised in the Philippines again, as they have
been in the recent past.
Can any one fail to grasp the fact that the following statements of
Bishop Brent embody solid common sense?
"Finally it must be recognized that the Philippine problem
cannot be settled without reference to its international
bearing. Neutralization has been proposed. But can American or
any other diplomacy secure the neutrality of the Powers? Would it
mean anything if promises of neutrality were made? Is it not so,
that though no existing military power, East or West, would fight
America in order to secure possession of the Philippines, there are
at least two nations which would seize the first opportunity for
interference if American sovereignty ceased? Can America afford
to protect a government halfway round the world, which she does
not actually and constructively control?
She has found it difficult enough with one near at hand. It
appears to me that it would be a measure of quixotry beyond the
most altruistic administration, to stand sponsor for the order
of an experimental government of more than doubtful stability
ten thousand miles from our coasts. When the Philippines achieve
independence they must swallow the bitter with the sweet, and
accept the perils as well as the joys of walking alone. There are
national risks involved even in a limited protectorate to which
I trust America will never expose herself."
We stoutly asserted in 1899 that the Filipinos were not fit to govern
their own country, and this was certainly then true. If in the short
space of fifteen years, with leaders who have so recently committed
almost incredible barbarities still in the saddle, we had rendered them
fit, we should have performed the most wonderful political miracle
that the world has ever seen. But the age of miracles has long since
passed. While the Filipinos have advanced more in the last fifteen
years than during any previous century of their history, what they
have gained is by no means ingrained in their character, and they
yet have far to go. It is our duty and our privilege to guide and
help them on their way. We should hold steadily onward disregarding
the hostility and the murmurings of selfish politicians, and looking
hopefully to the future for substantial results from the broad and
generous policy which we have thus far followed.
Many of the politicians want independence under a United States
protectorate, by which they mean that their country shall be turned
over to them to do with as they please, with a fleet of American
warships lying conveniently near to see that they are not interfered
with while thus engaged. It would be the height of folly for us to
enter into any such arrangement.
We must help the Filipinos to attain for their country commercial
prosperity, so that its revenues may be more adequate for the support
of government. Before commercial prosperity can exist, the people must
learn to employ modern agricultural methods and modern machinery in
bringing considerable portions of the present enormous uncultivated
areas of fertile land to a state of productivity.
We must set right standards and insist that they be lived up to. The
way to stimulate healthful development of the Filipinos is to let
the apples hang high and make them climb for them, not to tell them
to hold their hats and shake the tree.
This policy of setting right standards has already been very
successfully pursued in the education of Filipino doctors, Filipino
nurses, Filipino surveyors, Filipino printers and Filipino teachers.
A Filipino should never be appointed to public office merely
because he is a Filipino, the clamour of politicians to the contrary
notwithstanding. He should be appointed only if, and because, he is
fit. Such a policy, unswervingly followed, will do more to promote
the real interests of the civilized inhabitants than will all the
concessions that could be made in a thousand years.
And what have we ever gained by concessions to Filipino
politicians? Can any one point out a single instance in which they have
aroused that feeling of gratitude, or even that sense of obligation,
which may fully justify the adoption of measures that would otherwise
be of doubtful utility? No!
This fact is well illustrated by the attitude of the politicians
toward the Jones Bill providing for the establishment of the Philippine
republic on July 4, 1913 and independence in 1920.
Hardly were its terms known in Manila when various politicians
announced that the Filipinos did not want to wait until 1920, they
wanted independence right then!
An editorial in the number of Speaker Osmeña's paper, El Ideal,
for March 19, 1913, contains the following significant sentence:--
"We accept the test to which the Jones Bill subjects us, because
we have full confidence in ourselves. Afterward, we shall do what
is most expedient for us." [214]
Gratitude does not enter into the make-up of the average Filipino
politician, and we must learn not to expect it. We must do what ought
to be done because it ought to be done, and not look for appreciation
to a small but very noisy body of men who curse us for standing between
them and their prey, as we have stood from the day when Dewey first
forbade Aguinaldo to steal cattle until now.
It is just as easy to win the gratitude and the affection of the common
people of the lowlands as it has proved to be in the case of the wild
men of the hills, but if we are to do this there must be a radical
departure from the present policy, and we must deal with them directly.
In this connection it is instructive to study the career of James
R. Fugate, Lieutenant-Governor, by appointment, of the sub-province of
Siquijor. In spite of wretched health, he has done work of which he and
his country have just cause to be proud. No one can fully appreciate
it who does not know conditions as they were when he went there and
as they are to-day. Siquijor has been converted into a checkerboard by
good roads and trails where formerly there did not exist decent means
of communication. Dysentery and typhoid fever ravaged the island during
each recurring dry season when drinking water was almost unobtainable
in many places, and what could be found was really unfit for human
use. There are now fine public baths in the towns. Beautiful drinking
fountains for men and animals are to be seen, not only in the larger
centres of population, but along many of the principal highways.
Municipal officials have been taught their duties and perform them
well. A complete telephone system connects the lieutenant-governor's
office with all parts of the island. Siquijor was formerly completely
isolated from the outside world, but now has cable communication. Fine
schools have been established, and swarm with children. The man who has
brought about all this is beloved by the people whom he has helped and
protected. They cannot bear the thought of his leaving them. What is
the explanation of this phenomenon, when the inhabitants of many parts
of the islands seem to remain unmoved by the many advantages which
they now enjoy, and murmur against those to whom they are indebted for
them? The answer is simple. Mr. Fugate speaks Visayan about as well
as he does English, and there have been no intermediaries between him
and his people, who consequently understand that they owe to him the
benefits which they have received.
Certain evil politicians of Negros Occidental, whom he robbed of
their spoils, attacked him with characteristic persistency and
ingenuity. A young man of clean life, he was accused of adultery
and of seduction of minors. Although he could at any time have had a
better position at higher compensation; although he gave much of his
inadequate salary to the poor and defenceless; although he carried
on public works at a fraction of the cost of similar undertakings in
neighbouring provinces, he was charged with profiting by government
contracts and with the malversation of funds of the sub-province. All
of these attacks failed miserably. His real offence was that he had
stayed the hand of the oppressor, and let the people go free.
In many, if not in most, of the Christian provinces we have utilized
the services of Filipino politicians who are openly opposed to the
policy which we are endeavouring to carry out, and have thus placed
between ourselves and the people a screen of shrewd and hostile
men who can communicate with them as we cannot, who play upon their
ignorance and their prejudices as we would not if we could, who keep
them firm in the belief that all their troubles are due to the "mucho
malo gobierno Americano," [215] and that all the advantages which
they enjoy have been wrung from the unwilling and unjust Americans
by the courage and political ingenuity of the local politicos. For
this condition of things we have ourselves to thank, and these are
the men who would be governors under "self-government."
When the Federal Party was formed, a large number of conservative
Filipinos came out into the open and risked their lives to aid in
the termination of war and brigandage, and the establishment of
peace and tranquillity. At the outset we rewarded many of those who
escaped assassination by appointing them to public offices which they
seemed fit to fill. In a few instances we even helped the families
of those who sacrificed their lives to the cause of law and order. A
little later, anxious to show that we were willing to let bygones be
bygones, political offices, so far as they were within the gift of the
government, were distributed practically without regard to the previous
political records of the recipients. In taking this high attitude we
assumed that the generous treatment thus accorded our late enemies
would be appreciated by them and would win us their confidence and
coöperation. We showed our ignorance of the men with whom we were
dealing when we allowed ourselves to expect such a result. They
interpreted our generosity as an evidence of fear, and each new
concession has served only to whet their appetites. For years we gave
profitable government advertising to vicious publications which never
for a moment ceased to attack us. If there is any one lesson which
should have been brought home to us by our experience it is that in the
Philippine Islands this sort of thing does not work as yet. In this,
as in most other countries, there are just two political parties, to
wit, the "ins" and the "outs." Public office is ardently desired by a
large percentage of the educated Filipinos who dearly love to exercise
authority, and will do without scruple what seems necessary to get it.
We have gone too fast and too far in conferring on the people power
to elect their officers. A larger percentage of the public offices
should have remained appointive, and should have been filled either
with Americans or with Filipinos of recognized ability who were really
in favour of the policy which the government was carrying out. Open
and active opposition to that policy should have been made ground for
prompt removal from office. The men who risked their lives to help
us were entitled to recognition and reward, and to the protection
which the knowledge that such recognition is being accorded gives
in a country like the Philippines. Left out in the cold, they turned
against us when they saw our political enemies filling fat offices,
and why not? Such a course was safer and more popular, and they
thought that we might then be willing to buy their allegiance,
judging by our dealings with others!
It has been claimed that the intelligent, highly educated class are
a unit for independence. Nothing could be further from the truth,
but it would be uncommonly hard at present to prove this fact.
Some time since, I sat beside a very distinguished Filipino at a public
banquet. He made a speech in which he expressed the conviction that
independence in the near future would be a most desirable thing. When
he sat down I said to him, "What would you do if you got it?" His
reply was, "Be still! I would take the first steamer for Hongkong!" His
attitude is typical of that of a large group of opportunists.
There is a considerable body of intelligent, conservative Filipinos
who believe, as do the vast majority of well-informed Americans,
that independence at this time would be an unmitigated curse in that
it would necessarily be temporary, would result in grave disturbances
of public order, would bring foreign intervention and the occupation
of the islands by some nation with purposes far less altruistic than
ours, and would put the possibility of real, permanent independence
off until a time so remote as to be far beyond the range of our
present vision. These men will state their attitude freely in private
conversation with those in whom they have confidence, but hardly one
of them has the courage to go on record. Why should they? We have seen
that in the old days those who opposed the views of Aguinaldo and his
associates were given short shrift and that thousands of them were
murdered in cold blood, while those who actively opposed the American
military and civil governments were without exception freely pardoned
when further opposition became impossible, unless guilty of crimes
of the gravest character. Nay, more. Under the amnesty proclamation
there were turned loose from Bilibid Prison hundreds of murderers,
some of whom had taken the lives of scores of human beings. Little
attention has been paid at any time to the violation, by Filipinos,
of their oaths of allegiance to the United States, and now, when
we discover one of the periodic incipient insurrections frequently
organized by intelligent natives for the sole purpose of wringing
hard-earned pesos from the peasant class, we seldom punish severely
even the vicious leaders. It is idle to suppose that these facts are
lost upon the conservative Filipinos. They know that if independence
does not come no punishment will be meted out to them for remaining
neutral, or even for actively advocating it, but that if it does come,
and they have opposed it, vengeance swift, sure and dire will smite
them. They are afraid, and they have the best of reasons to be afraid,
because we have announced no definite policy. Let it be authoritatively
stated that American sovereignty will be maintained in these islands
for a long period and those who actually believe that there is not
a strong element among the Filipinos who favour such a course will
get a real surprise.
At present, however, our ears are deafened by the clamour of the
noisy politicians, who claim to represent "the Filipino people." In
this connection Bishop Brent has pertinently observed:--
"If desire implied ability, the clamor for independence on the
part of the Filipinos, which just now is more widespread then at
any time in their history, would be the signal for our withdrawal,
but only their achievements can determine their ability."
Before we can safely declare the Filipinos ready to try the great
experiment of self-government we must bring them to the place where
they no longer regard bandit leaders as popular heroes but are able
and determined to maintain a state of public order such that life and
property will be safe. We must wean them from their present hostility
toward legitimate foreign business interests. We must teach them
that agriculture comes before art; that a public office is a public
trust; that the enormous potential wealth of their forests is worth
preserving; that the poor Filipino must be encouraged to own and till
his own land, not held as a slave or peon. We must go on training
physicians, surgeons and sanitarians so that the public health may
be adequately protected and individual suffering relieved. We must
be sure that our wards have developed the understanding and courage
necessary successfully to oppose the great waves of epidemic disease
which constantly threaten their country from without. We must train up
Filipino engineers, to-day almost completely lacking, in sufficient
numbers to make possible the construction of the public works needed
in future and the maintenance of those which already exist.
There must be chemists and bacteriologists to do the routine work of
the government, to make the investigations necessary to safeguard the
lives of the people, and to facilitate the development of the resources
of the country. Finally, there must be a sufficiency of just judges, of
honourable lawyers, of able administrators, and of legislators unswayed
by the childish motives which so often influence those of to-day.
Most important of all, we must bring the Filipino people to the place
where they can go on properly teaching their children and their youths.
The day when all this will have been done of necessity lies far in the
future, and if, when contemplating this fact, we sometimes grow weary,
we should remember that the task, though a mighty and unprecedented
one, is well worthy of the best energies of a great nation. It can
never be accomplished through partisan politics.
In considering our duty to the Filipinos let us not forget the fate
of him "who putteth his hand to the plough and turneth back." The old,
old rule applies to nations as well as to individuals.
We are giving the Filipinos a fair chance to develop every latent
ability which they possess. In the very nature of the case, their
future lies, and must lie, wholly with them. There is no royal road
to real independence, much less is there any short cut. Our Filipino
wards must tread the same long, weary path that has been trodden by
every nation that has heretofore attained to good government.
The case has been admirably stated by that distinguished gentleman
who to-day occupies the highest post within the gift of the American
people. He has said:--
"There is profound truth in Sir Henry Maine's remark that the men
who colonized America and made its governments, to the admiration
of the world, could never have thus masterfully taken charge
of their own affairs and combined stability with liberty in the
process of absolute self-government if they had not sprung of a
race habituated to submit to law and authority, if their fathers
had not been subjects of kings, if the stock of which they came
had not served the long apprenticeship of political childhood
during which law was law without choice of their own.
"Self-government is not a mere form of institutions, to be
had when desired, if only proper pains be taken. It is a form
of character. It follows upon the long discipline which gives
a people self-possession, self-mastery, the habit of order and
peace and common counsel, and a reverence for law which will not
fail when they themselves become the makers of law; the steadiness
and self-control of political maturity. And these things cannot
be had without long discipline.
"The distinction is of vital concern to us in respect of
practical choices of policy which we must make, and make very
soon. We have dependencies to deal with and must deal with them
in the true spirit of our own institutions. We can give the
Filipinos constitutional government, a government which they may
count upon to be just, a government based upon some clear and
equitable understanding, intended for their good and not for our
aggrandizement; but we must ourselves for the present supply that
government. It would, it is true, be an unprecedented operation,
reversing the process of Runnymede, but America has before this
shown the world enlightened processes of politics that were
without precedent. It would have been within the choice of John
to summon his barons to Runnymede and of his own initiative enter
into a constitutional understanding with them; and it is within
our choice to do a similar thing, at once wise and generous,
in the government of the Philippine Islands. But we cannot give
them self-government. Self-government is not a thing that can be
'given' to any people, because it is a form of character and not
a form of constitution. No people can be 'given' the self-control
of maturity. Only a long apprenticeship of obedience can secure
them the precious possession, a thing no more to be bought than
given. They cannot he presented with the character of a community,
but it may confidently be hoped that they will become a community
under the wholesome and salutary influences of just laws and a
sympathetic administration; that they will after a while understand
and master themselves, if in the meantime they are understood
and served in good conscience by those set over them in authority.
"We of all people in the world should know these fundamental
things and should act upon them, if only to illustrate the
mastery in politics which belongs to us of hereditary right. To
ignore them would be not only to fail and fail miserably, but to
fail ridiculously and belie ourselves. Having ourselves gained
self-government by a definite process which can have no substitute,
let us put the peoples dependent upon us in the right way to gain
it also." [216]
These views will be indorsed by every intelligent American who knows
the Filipino, and has some adequate conception of the problems
presented by the presence, in the same country with him, of the
Ifugao, the Igorot, the Manobo, the Bukidnon, and the Moro. They are
the views of Professor Wilson, historian and political philosopher,
at a time when he was unswayed by party prejudices and untrammelled by
party policy. Let us hope that President Wilson, the titular leader
of the Democratic party and the dispenser of political patronage,
has not entirely abandoned them, and that in embarking so boldly,
not to say so rashly, as he has done, on the policy of suddenly
giving to the Filipinos a radical increase in the control which
they are allowed to have over their own affairs, and of leaving them
subsequently to demonstrate their fitness or unfitness to exercise it,
he will at least be bound by the actual results of an experiment which,
as every one familiar with local conditions in the islands well knows,
is fraught with the gravest danger.
After all is said and done, the real Philippine question is not what
path they shall take. That has been determined, for all nations alike,
by a Divine Providence that is all-seeing, all-wise and inexorable. It
is not whether they shall travel the old, old road a little faster,
or a little more slowly. That will ultimately be settled, for them and
for us, by the unanswerable logic of events, and we need not worry over
it. The real question is, shall they make their long and adventurous
journey, guided, helped and protected by the strong and kindly hand
of the United States of America, or shall they be left to stagger
along alone, blind in their own conceit, under the keen and watchful
eye of another powerful nation, hungrily awaiting their first misstep?
APPENDIX
INSTRUCTIONS OF THE PRESIDENT TO THE FIRST PHILIPPINE COMMISSION
"Department of State,
"Washington, January 21, 1899.
"My Dear Sir: I inclose herewith a copy of the instructions which
the President has drawn up for the guidance of yourself and your
associates as commissioners to the Philippines.
"I am, with great respect, sincerely yours,
"John Hay."
"Honourable Jacob G. Schurman,
"The Arlington."
"Executive Mansion, "Washington, January 20, 1899.
"The Secretary of State:
"My communication to the Secretary of War, dated December 21,
1898, declares the necessity of extending the actual occupation and
administration of the city, harbour, and bay of Manila to the whole
of the territory which by the treaty of Paris, signed on December 10,
1898, passed from the sovereignty of Spain to the sovereignty of the
United States, and the consequent establishment of military government
throughout the entire group of the Philippine Islands. While the treaty
has not yet been ratified, it is believed that it will be by the time
of the arrival at Manila of the commissioners named below. In order
to facilitate the most humane, pacific, and effective extension of
authority throughout these islands, and to secure, with the least
possible delay, the benefits of a wise and generous protection of
life and property to the inhabitants, I have named Jacob G. Schurman,
Rear-Admiral George Dewey, Major-General Elwell S. Otis, Charles
Denby, and Dean C. Worcester to constitute a commission to aid in
the accomplishment of these results.
"In the performance of this duty, the commissioners are enjoined
to meet at the earliest possible day in the city of Manila and to
announce, by a public proclamation, their presence and the mission
intrusted to them, carefully setting forth that, while the military
government already proclaimed is to be maintained and continued so
long as necessity may require, efforts will be made to alleviate the
burden of taxation, to establish industrial and commercial prosperity,
and to provide for the safety of persons and of property by such
means as may be found conducive to these ends.
"The commissioners will endeavour, without interference with the
military authorities of the United States now in control of the
Philippines, to ascertain what amelioration in the condition of the
inhabitants and what improvements in public order may be practicable,
and for this purpose they will study attentively the existing social
and political state of the various populations, particularly as regards
the forms of local government, the administration of justice, the
collection of customs and other taxes, the means of transportation,
and the need of public improvements. They will report through the
Department of State, according to the forms customary or hereafter
prescribed for transmitting and preserving such communications, the
results of their observations and reflections, and will recommend such
executive action as may from time to time seem to them wise and useful.
"The commissioners are hereby authorized to confer authoritatively
with any persons resident in the islands from whom they may believe
themselves able to derive information or suggestions valuable for
the purposes of their commission, or whom they may choose to employ
as agents, as may be necessary for this purpose.
"The temporary government of the islands is intrusted to the
military authorities, as already provided for by my instructions to
the Secretary of War of December 21, 1898, and will continue until
Congress shall determine otherwise. The commission may render valuable
services by examining with special care the legislative needs of the
various groups of inhabitants, and by reporting, with recommendations,
the measures which should be instituted for the maintenance of order,
peace, and public welfare, either as temporary steps to be taken
immediately for the perfection of present administration, or as
suggestions for future legislation.
"In so far as immediate personal changes in the civil administration
may seem to be advisable, the commissioners are empowered to recommend
suitable persons for appointment to these offices from among the
inhabitants of the islands who have previously acknowledged their
allegiance to this Government.
"It is my desire that in all their relations with the inhabitants
of the islands the commissioners exercise due respect for all the
ideals, customs, and institutions of the tribes which compose the
population, emphasizing upon all occasions the just and beneficent
intentions of the Government of the United States. It is also my wish
and expectation that the commissioners may be received in a manner
due to the honoured and authorized representatives of the American
Republic, duly commissioned on account of their knowledge, skill,
and integrity as bearers of the good will, the protection, and the
richest blessings of a liberating rather than a conquering nation.
"William McKinley."
PROCLAMATION OF THE FIRST PHILIPPINE COMMISSION
To the people of the Philippine Islands:
The treaty of peace between the United States and Spain, ratified
several weeks ago by the former, having on March 20 been ratified
by the latter, the cession to the United States, as stipulated by
the treaty, of the sovereignty which Spain possessed and exercised
over the Philippine Islands has now, in accordance with the laws of
nations, received a complete and indefeasible consummation.
In order that the high responsibilities and obligations with which the
United States has thus become definitively charged may be fulfilled
in a way calculated to promote the best interests of the inhabitants
of the Philippine Islands, his Excellency the President of the United
States has appointed the undersigned a civil commission on Philippine
affairs, clothing them with all the powers necessary for the exercise
of that office.
The commission desire to assure the people of the Philippine Islands
of the cordial good will and fraternal feeling which is entertained
for them by his Excellency the President of the United States and by
the American people. The aim and object of the American Government,
apart from the fulfilment of the solemn obligations it has assumed
toward the family of nations by the acceptance of sovereignty over
the Philippine Islands, is the well being, the prosperity, and the
happiness of the Philippine people and their elevation and advancement
to a position among the most civilized peoples of the world.
His Excellency the President of the United States believes that
this felicity and perfection of the Philippine people is to be
brought about by the assurance of peace and order; by the guaranty of
civil and religious liberty; by the establishment of justice; by the
cultivation of letters, science and the liberal and practical arts; by
the enlargement of intercourse with foreign nations; by the expansion
of industrial pursuits, trade and commerce; by the multiplication and
improvement of the means of internal communication; by the development,
with the aid of modern mechanical inventions, of the great natural
resources of the archipelago; and, in a word, by the uninterrupted
devotion of the people to the pursuit of those useful objects and
the realization of those noble ideals which constitute the higher
civilization of mankind.
Unfortunately, the pure aims and purposes of the American Government
and people have been misinterpreted to some of the inhabitants of
certain of the islands. As a consequence, the friendly American forces
have, without provocation or cause, been openly attacked.
And why these hostilities? What do the best Filipinos desire? Can it
be more than the United States is ready to give? They are patriots and
want liberty, it is said. The commission emphatically asserts that
the United States is not only willing, but anxious, to establish in
the Philippine Islands an enlightened system of government under which
the Philippine people may enjoy the largest measure of home rule and
the amplest liberty consonant with the supreme ends of government
and compatible with those obligations which the United States has
assumed toward the civilized nations of the world.
The United States striving earnestly for the welfare and advancement
of the inhabitants of the Philippine Islands, there can be no real
conflict between American sovereignty and the rights and liberties of
the Philippine people. For, just as the United States stands ready to
furnish armies, navies and all the infinite resources of a great and
powerful nation to maintain and support its rightful supremacy over the
Philippine Islands, so it is even more solicitous to spread peace and
happiness among the Philippine people; to guarantee them a rightful
freedom; to protect them in their just privileges and immunities; to
accustom them to free self-government in an ever-increasing measure;
and to encourage them in those democratic aspirations, sentiments
and ideals which are the promise and potency of a fruitful national
development.
It is the expectation of the commission to visit the Philippine
peoples in their respective provinces, both for the purpose of
cultivating a more intimate mutual acquaintance and also with a
view to ascertaining from enlightened native opinion what form or
forms of government seem best adapted to the Philippine peoples,
most apt to conduce to their highest welfare, and most conformable
to their customs, traditions, sentiments and cherished ideals. Both
in the establishment and maintenance of government in the Philippine
Islands it will be the policy of the United States to consult the
views and wishes, and to secure the advice, coöperation and aid,
of the Philippine people themselves.
In the meantime the attention of the Philippine people is invited
to certain regulative principles by which the United States will
be guided in its relations with them. The following are deemed of
cardinal importance:--
1. The supremacy of the United States must and will be enforced
throughout every part of the archipelago, and those who resist
it can accomplish no end other than their own ruin.
2. The most ample liberty of self-government will be granted to
the Philippine people which is reconcilable with the maintenance
of a wise, just, stable, effective and economical administration of
public affairs, and compatible with the sovereign and international
rights and obligations of the United States.
3. The civil rights of the Philippine people will be guaranteed
and protected to the fullest extent; religious freedom assured,
and all persons shall have an equal standing before the law.
4. Honour, justice and friendship forbid the use of the Philippine
people or islands as an object or means of exploitation. The
purpose of the American Government is the welfare and advancement
of the Philippine people.
5. There shall be guaranteed to the Philippine people an honest
and effective civil service, in which, to the fullest extent
practicable, natives shall be employed.
6. The collection and application of taxes and revenues will be
put upon a sound, honest and economical basis. Public funds,
raised justly and collected honestly, will be applied only in
defraying the regular and proper expenses incurred by and for the
establishment and maintenance of the Philippine government, and for
such general improvements as public interests may demand. Local
funds, collected for local purposes, shall not be diverted to
other ends. With such a prudent and honest fiscal administration,
it is believed that the needs of the government will in a short
time become compatible with a considerable reduction in taxation.
7. A pure, speedy and effective administration of justice will
be established, whereby the evils of delay, corruption and
exploitation will be effectually eradicated.
8. The construction of roads, railroads and other means of
communication and transportation, as well as other public works
of manifest advantage to the Philippine people, will be promoted.
9. Domestic and foreign trade and commerce, agriculture and other
industrial pursuits, and the general development of the country
in the interest of its inhabitants will be constant objects of
solicitude and fostering care.
10. Effective provision will be made for the establishment of
elementary schools in which the children of the people shall
be educated. Appropriate facilities will also be provided for
higher education.
11. Reforms in all departments of the government, in all branches
of the public service and in all corporations closely touching
the common life of the people must be undertaken without delay
and effected, conformably to right and justice, in a way that
will satisfy the well-founded demands and the highest sentiments
and aspirations of the Philippine people.
Such is the spirit in which the United States comes to the people of
the Philippine Islands. His Excellency, the President, has instructed
the commission to make it publicly known. And in obeying this behest
the commission desire to join with his Excellency, the President, in
expressing their own good will toward the Philippine people, and to
extend to their leading and representative men a cordial invitation
to meet them for personal acquaintance and for the exchange of views
and opinions.
Manila, April 4, 1899.
Jacob Gould Schurman,
President of Commission.
George Dewey,
Admiral U. S. N.
Elwell S. Otis,
Major-General U. S. Volunteers.
Charles Denby.
Dean C. Worcester.
John R. MacArthur,
Secretary of Commission.
INSTRUCTIONS OF THE PRESIDENT TO THE SECOND PHILIPPINE COMMISSION
War Department,
Washington, April 7, 1900.
Sir: I transmit to you herewith the instructions of the President for
the guidance of yourself and your associates as commissioners to the
Philippine Islands.
Very respectfully,
Elihu Root,
Secretary of War.
Hon. William H. Taft,
President Board of Commissioners to the Philippine Islands
Executive Mansion, April 7, 1900.
The Secretary of War,
Washington.
Sir: In the message transmitted to the Congress on the 5th of
December, 1899, I said, speaking of the Philippine Islands: "As long
as the insurrection continues the military arm must necessarily be
supreme. But there is no reason why steps should not be taken from
time to time to inaugurate governments essentially popular in their
form as fast as territory is held and controlled by our troops. To this
end I am considering the advisability of the return of the commission,
or such of the members thereof as can be secured, to aid the existing
authorities and facilitate this work throughout the islands."
To give effect to the intention thus expressed I have appointed
Hon. William H. Taft, of Ohio; Prof. Dean C. Worcester, of Michigan;
Hon. Luke E. Wright, of Tennessee; Hon. Henry C. Ide, of Vermont, and
Prof. Bernard Moses, of California, commissioners to the Philippine
Islands to continue and perfect the work of organizing and establishing
civil government already commenced by the military authorities,
subject in all respects to any laws which Congress may hereafter enact.
The commissioners named will meet and act as a board, and the
Hon. William H. Taft is designated as president of the board. It is
probable that the transfer of authority from military commanders
to civil officers will be gradual and will occupy a considerable
period. Its successful accomplishment and the maintenance of peace
and order in the meantime will require the most perfect coöperation
between the civil and military authorities in the island, and both
should be directed during the transition period by the same Executive
Department. The commission will therefore report to the secretary of
war, and all their action will be subject to your approval and control.
You will instruct the commission to proceed to the city of Manila,
where they will make their principal office, and to communicate with
the military governor of the Philippine Islands, whom you will at
the same time direct to render to them every assistance within his
power in the performance of their duties. Without hampering them
by too specific instructions, they should in general be enjoined,
after making themselves familiar with the conditions and needs of
the country, to devote their attention in the first instance to the
establishment of municipal governments, in which the natives of the
islands, both in the cities and in the rural communities, shall be
afforded the opportunity to manage their own local affairs to the
fullest extent of which they are capable, and subject to the least
degree of supervision and control which a careful study of their
capacities and observation of the workings of native control show to
be consistent with the maintenance of law, order and loyalty.
The next subject in order of importance should be the organization
of government in the larger administrative divisions corresponding to
counties, departments or provinces, in which the common interests of
many or several municipalities falling within the same tribal lines,
or the same natural geographical limits, may best be subserved by
a common administration. Whenever the commission is of the opinion
that the condition of affairs in the islands is such that the
central administration may safely be transferred from military to
civil control, they will report that conclusion to you, with their
recommendations as to the form of central government to be established
for the purpose of taking over the control.
Beginning with the 1st day of September, 1900, the authority to
exercise, subject to my approval, through the secretary of war,
that part of the power of government in the Philippine Islands
which is of a legislative nature is to be transferred from the
military governor of the islands to this commission, to be thereafter
exercised by them in the place and stead of the military governor,
under such rules and regulations as you shall prescribe, until
the establishment of the civil central government for the islands
contemplated in the last foregoing paragraph, or until Congress
shall otherwise provide. Exercise of this legislative authority will
include the making of rules and orders, having the effect of law,
for the raising of revenue by taxes, customs duties and imposts;
the appropriation and expenditure of public funds of the islands;
the establishment of an educational system throughout the islands;
the establishment of a system to secure an efficient civil service;
the organization and establishment of courts; the organization and
establishment of municipal and departmental governments, and all
other matters of a civil nature for which the military governor is
now competent to provide by rules or orders of a legislative character.
The commission will also have power during the same period to
appoint to office such officers under the judicial, educational
and civil-service systems and in the municipal and departmental
governments as shall be provided for. Until the complete transfer of
control the military governor will remain the chief executive head
of the government of the islands, and will exercise the executive
authority now possessed by him and not herein expressly assigned to
the commission, subject, however, to the rules and orders enacted by
the commission in the exercise of the legislative powers conferred
upon them. In the meantime the municipal and departmental governments
will continue to report to the military governor and be subject to his
administrative supervision and control, under your direction, but that
supervision and control will be confined within the narrowest limits
consistent with the requirement that the powers of government in the
municipalities and departments shall be honestly and effectively
exercised and that law and order and individual freedom shall be
maintained.
All legislative rules and orders, establishments of government, and
appointments to office by the commission will take effect immediately,
or at such times as they shall designate, subject to your approval
and action upon the coming in of the commission's reports, which are
to be made from time to time as their action is taken. Wherever civil
governments are constituted under the direction of the commission,
such military posts, garrisons and forces will be continued for the
suppression of insurrection and brigandage, and the maintenance of
law and order, as the military commander shall deem requisite, and
the military forces shall be at all times subject under his orders
to the call of the civil authorities for the maintenance of law and
order and the enforcement of their authority.
In the establishment of municipal governments the commission will take
as the basis of their work the governments established by the military
governor under his order of August 8, 1899, and under the report of
the board constituted by the military governor by his order of January
29, 1900, to formulate and report a plan of municipal government,
of which his honour Cayetano Arellano, president of the audiencia,
was chairman, and they will give to the conclusions of that board the
weight and consideration which the high character and distinguished
abilities of its members justify.
In the constitution of departmental or provincial governments, they
will give especial attention to the existing government of the island
of Negros, constituted, with the approval of the people of that island,
under the order of the military governor of July 22, 1899, and after
verifying, so far as may be practicable, the reports of the successful
working of that government, they will be guided by the experience thus
acquired, so far as it may be applicable to the condition existing
in other portions of the Philippines. They will avail themselves,
to the fullest degree practicable, of the conclusions reached by the
previous commission to the Philippines.
In the distribution of powers among the governments organized by the
commission, the presumption is always to be in favour of the smaller
subdivision, so that all the powers which can properly be exercised
by the municipal government shall be vested in that government, and
all the powers of a more general character which can be exercised
by the departmental government shall be vested in that government,
and so that in the governmental system, which is the result of the
process, the central government of the islands, following the example
of the distribution of the powers between the states and the national
government of the United States, shall have no direct administration
except of matters of purely general concern, and shall have only such
supervision and control over local governments as may be necessary
to secure and enforce faithful and efficient administration by local
officers.
The many different degrees of civilization and varieties of custom
and capacity among the people of the different islands preclude very
definite instruction as to the part which the people shall take in
the selection of their own officers; but these general rules are to
be observed: That in all cases the municipal officers, who administer
the local affairs of the people, are to be selected by the people,
and that wherever officers of more extended jurisdiction are to be
selected in any way, natives of the islands are to be preferred,
and if they can be found competent and willing to perform the duties,
they are to receive the offices in preference to any others.
It will be necessary to fill some offices for the present with
Americans which after a time may well be filled by natives of the
islands. As soon as practicable a system for ascertaining the merit
and fitness of candidates for civil office should be put in force. An
indispensable qualification for all offices and positions of trust and
authority in the islands must be absolute and unconditional loyalty to
the United States, and absolute and unhampered authority and power to
remove and punish any officer deviating from that standard must at all
times be retained in the hands of the central authority of the islands.
In all the forms of government and administrative provisions in
which they are authorized to prescribe, the commission should bear
in mind that the government which they are establishing is designed
not for our satisfaction, or for the expression of our theoretical
views, but for the happiness, peace and prosperity of the people of
the Philippine Islands, and the measures adopted should be made to
conform to their customs, their habits and even their prejudices,
to the fullest extent consistent with the accomplishment of the
indispensable requisites of just and effective government.
At the same time the commission should bear in mind, and the people
of the islands should be made plainly to understand, that there are
certain great principles of government which have been made the basis
of our governmental system which we deem essential to the rule of law
and the maintenance of individual freedom, and of which they have,
unfortunately, been denied the experience possessed by us; that there
are also certain practical rules of government which we have found to
be essential to the preservation of these great principles of liberty
and law, and that these principles and these rules of government
must be established and maintained in their islands for the sake of
their liberty and happiness, however much they may conflict with the
customs or laws of procedure with which they are familiar.
It is evident that the most enlightened thought of the Philippine
Islands fully appreciates the importance of these principles and
rules, and they will inevitably within a short time command universal
assent. Upon every division and branch of the government of the
Philippines, therefore, must be imposed these inviolable rules:
That no person shall be deprived of life, liberty or property without
due process of law; that private property shall not be taken for public
use without just compensation; that in all criminal prosecutions
the accused shall enjoy the right to a speedy and public trial,
to be informed of the nature and cause of the accusation, to be
confronted with the witnesses against him, to have compulsory process
for obtaining witnesses in his favour, and to have the assistance of
counsel for his defence; that excessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual punishment inflicted;
that no person shall be put twice in jeopardy for the same offence, or
be compelled in any criminal case to be a witness against himself; that
the right to be secure against unreasonable searches and seizures shall
not be violated; that neither slavery nor involuntary servitude shall
exist except as a punishment for crime; that no bill of attainder,
or ex-post-facto law shall be passed; that no law shall be passed
abridging the freedom of speech or of the press, or the rights of
the people to peaceably assemble and petition the Government for
a redress of grievances; that no law shall be made respecting an
establishment of religion, or prohibiting the free exercise thereof,
and that the free exercise and enjoyment of religious profession and
worship without discrimination or preference shall forever be allowed.
It will be the duty of the commission to make a thorough investigation
into the titles to the large tracts of land held or claimed by
individuals or by religious orders; into the justice of the claims and
complaints made against such landholders by the people of the island
or any part of the people, and to seek by wise and peaceable measure,
a just settlement of the controversies and redress of wrongs which
have caused strife and bloodshed in the past. In the performance
of this duty the commission is enjoined to see that no injustice is
done; to have regard for substantial rights and equity, disregarding
technicalities so far as substantial right permits, and to observe
the following rules:
That the provision of the Treaty of Paris, pledging the United States
to the protection of all rights of property in the islands, and as
well the principle of our own Government which prohibits the taking of
private property without due process of law, shall not be violated;
that the welfare of the people of the islands, which should be a
paramount consideration, shall be attained consistently with this rule
of property right; that if it becomes necessary for the public interest
of the people of the islands to dispose of claims to property which
the commission finds to be not lawfully acquired and held disposition
shall be made thereof by due legal procedure, in which there shall be
full opportunity for fair and impartial hearing and judgment; that if
the same public interests require the extinguishment of property rights
lawfully acquired and held due compensation shall be made out of the
public treasury therefor; that no form of religion and no minister of
religion shall be forced upon any community or upon any citizen of
the islands; that upon the other hand no minister of religion shall
be interfered with or molested in following his calling, and that the
separation between state and church shall be real, entire and absolute.
It will be the duty of the commission to promote and extend, and,
as they find occasion, to improve, the system of education already
inaugurated by the military authorities. In doing this they should
regard as of first importance the extension of a system of primary
education which shall be free to all, and which shall tend to fit the
people for the duties of citizenship and for the ordinary avocations
of a civilized community. This instruction should be given in the first
instance in every part of the islands in the language of the people. In
view of the great number of languages spoken by the different tribes,
it is especially important to the prosperity of the islands that a
common medium of communication may be established, and it is obviously
desirable that this medium should be the English language. Especial
attention should be at once given to affording full opportunity to all
the people of the islands to acquire the use of the English language.
It may be well that the main changes which should be made in the system
of taxation and in the body of the laws under which the people are
governed, except such changes as have already been made by the military
government, should be relegated to the civil government which is to be
established under the auspices of the commission. It will, however,
be the duty of the commission to inquire diligently as to whether
there are any further changes which ought not be delayed; and if so,
they are authorized to make such changes, subject to your approval. In
doing so they are to bear in mind that taxes which tend to penalize
or repress industry and enterprise are to be avoided; that provisions
for taxation should be simple, so that they may be understood by the
people; that they should affect the fewest practicable subjects of
taxation which will serve for the general distribution of the burden.
The main body of the laws which regulate the rights and obligations
of the people should be maintained with as little interference as
possible. Changes made should be mainly in procedure, and in the
criminal laws to secure speedy and impartial trials, and at the same
time effective administration and respect for individual rights.
In dealing with the uncivilized tribes of the islands the commission
should adopt the same course followed by Congress in permitting
the tribes of our North American Indians to maintain their tribal
organization and government, and under which many of those tribes are
now living in peace and contentment, surrounded by a civilization to
which they are unable or unwilling to conform. Such tribal governments
should, however, be subjected to wise and firm regulation; and,
without undue or petty interference, constant and active effort
should be exercised to prevent barbarous practices and introduce
civilized customs.
Upon all officers and employees of the United States, both civil
and military, should be impressed a sense of the duty to observe not
merely the material but the personal and social rights of the people
of the islands, and to treat them with the same courtesy and respect
for their personal dignity which the people of the United States are
accustomed to require from each other.
The articles of capitulation of the city of Manila on the 13th of
August, 1898, concluded with these words:
"This city, its inhabitants, its churches and religious worship,
its educational establishments, and its private property of all
descriptions, are placed under the special safeguard of the faith
and honour of the American army."
I believe that this pledge has been faithfully kept. As high and sacred
an obligation rests upon the Government of the United States to give
protection for property and life, civil and religious freedom, and
wise, firm and unselfish guidance in the paths of peace and prosperity
to all the people of the Philippine Islands. I charge this commission
to labour for the full performance of this obligation which concerns
the honour and conscience of their country, in the firm hope that
through their labours all the inhabitants of the Philippine Islands
may come to look back with gratitude to the day when God gave victory
to American arms at Manila and set their land under the sovereignty
and the protection of the people of the United States.
William McKinley.
THE PAST AND PRESENT ORGANIZATION OF THE COURTS OF THE PHILIPPINE
ISLANDS [217]
During the last years of Spanish sovereignty the courts in the
Philippine Islands consisted of superior courts, which were the
audiencia territorial de Manila, the audiencia de lo criminal de
Cebú, and the audiencia de lo criminal de Vigan; the courts of first
instance, and justice of the peace courts.
The audiencia territorial de Manila exercised jurisdiction in civil
matters over the entire Philippine archipelago; in criminal matters
it exercised jurisdiction over the central and southern provinces of
Luzón and over the islands of Catanduanes, Mindoro, Burias, Masbate
and Ticao.
Its legal personnel consisted of a president of the court; two
presidents of branches, one of the civil, and the other of the
criminal; nine justices (magistrados); four associate justices
(magistrados suplentes); one fiscal; one lieutenant-fiscal, and
three fiscal attorneys; five secretaries and four law clerks who were
assistant secretaries.
The audiencia de lo criminal of Vigan and that of Cebu had only
criminal jurisdiction, the former over the northern part of Luzón
and the Batanes Islands and the latter over the Visayan Islands and
Mindanao. Each of these courts had a president, two justices, two
associate justices, one fiscal, one lieutenant-fiscal, a secretary
and one law clerk who was assistant secretary.
There was at least one court of first instance in each province. In
some, like Batangas, Ambos Camarines, Samar, Leyte, Cebu and Negros,
there were two. In Iloílo there were three and in Manila four. These
courts were divided into three classes designated as follows: de
entrada; de ascenso; and de termino.
Subject to the jurisdiction of the audiencia territorial de Manila,
there were eight jusgados de termino; five jusgados de ascenso, and
fourteen jusgados de entrada. Under the criminal jurisdiction of the
audiencia territorial of Vigan there were three jusgados de termino,
one jusgado de ascenso and sixteen jusgados de entrada. Under the
audiencia territorial of Cebu there were two jusgados de termino and
thirty jusgados de ascenso.
In each court of first instance there was a prosecuting attorney
(promotor fiscal). In each pueblo there was a justice of the peace
subject in his criminal and civil jurisdiction to the judge of first
instance of the province. In criminal matters the justice of the
peace courts as well as the courts of first instance were subject to
the audiencia territorial of Manila.
At the present time the courts of justice of the islands consist
of a supreme court, courts of first instance and justice of the
peace courts.
The supreme court, which is composed of one chief justice and six
associate justices, has civil and criminal jurisdiction over all
the islands.
In each province there is a court of first instance. Several such
courts are usually united to constitute a judicial district, but this
does not hold for the court of first instance of the city of Manila,
which is presided over by three judges, each in his own court room,
nor for the court of first instance of Iloílo, which constitutes
a district by itself. The remaining courts are divided between
seventeen districts.
The courts of the thirteenth and fourteenth districts have concurrent
jurisdiction over all actions arising within the district of Lanao
of the Moro province, but the court first acquiring jurisdiction in
any cause has exclusive jurisdiction in the same.
There are four judges at large, without territorial jurisdiction of
their own, any one of whom may be assigned by the secretary of finance
and justice to act in any district. He then has the same jurisdiction
as its judge. The services of judges at large are necessary when
the judge of any district is absent, or has vacated his position,
or when the business of a court requires the aid of an assistant judge.
There further exists the court of land registration, with one judge
and five auxiliary judges. It has exclusive jurisdiction over all
applications for the registration of title to land or buildings or
an interest therein. It also has jurisdiction to confirm the titles
of persons who under the Spanish régime acquired imperfect titles to
public lands, provided that such persons fulfill the requirements of
law for their perfection.
There is now a justice of the peace court in each municipality and by
resolution of the Philippine Commission there have been created justice
of the peace courts in townships and other centres of population
which have not been organized either as townships or municipalities.
In the provinces of Nueva Vizcaya, Mindoro, Palawan, Agusan and in
the Mountain province, all of which are organized under the special
provincial government act, the provincial governor, the provincial
secretary, the provincial treasurer, the provincial supervisor [218]
and the deputy clerk of the court of first instance are justices of
the peace ex officio with jurisdiction throughout their respective
provinces.
In the Moro province, which is divided into five districts, called
Joló, Zamboanga, Lanao, Cotabato and Davao, there are tribal ward
courts which consider and decide minor civil and criminal actions in
which the parties in interest, or any of them, are Moros or members
of other non-Christian tribes. These tribal ward courts have with
regard to these actions the same jurisdiction as is vested by law in
justice of the peace courts, but the legislative council of the Moro
province may in its discretion vest in such courts jurisdiction in
other actions, civil or criminal but not capital, which is at present
vested in courts of first instance. In each district the governor and
secretary are justices of tribal ward courts and there are as many
auxiliary justices as may be needed. The sentences of the tribal ward
courts, from which no appeal is taken to the court of first instance,
may be modified or remitted by the provincial governor after a review
of the case.
In addition to these tribal ward courts there exist justice of the
peace courts in each municipality and the governor-general may with
the advice and approval of the commission appoint justices of the peace
for towns or places in the Moro province which have not been organized
into municipalities or which, although included within the limits of an
organized municipality, are distant from or have no convenient means
of access to centres of population. The jurisdiction of the justices
of the peace for the municipalities in which such towns or places are
situated, and of the justices of the peace appointed for such towns or
places, are concurrent over cases arising within the municipality. The
several justices of the peace in any district of the Moro province
exercise concurrent jurisdiction over cases arising within the
district but without the limits of an organized municipality, but
the justice of the peace first acquiring jurisdiction over any case
has exclusive jurisdiction over it. The justices of the peace in the
Moro province have no jurisdiction to try civil and criminal actions
in which original jurisdiction is vested in tribal ward courts.
Under the present organization there exists a bureau of justice with
the following legal personnel: attorney-general, solicitor-general,
assistant attorney-general, and eleven assistant attorneys. There is
a provincial fiscal in each province with the exception of the Moro
province, in which there are an attorney and an assistant attorney. The
city of Manila has, besides the city attorney and assistant attorney,
a prosecuting attorney with four assistants.
Under the Spanish legislation, justices of the peace had jurisdiction
to try civil actions where the value of the thing in litigation did not
exceed five hundred pesetas ($50), and actions for unlawful detainer
where the action was based on one of the following grounds. The
completion of the term stipulated in the contract; the expiration of
the time within which notice had to be given for the conclusion of the
contract, in accordance with law; the stipulations made or the general
custom in each pueblo; and the failure to pay the price stipulated,
provided that in neither of these three cases the object of the action
was dispossession of a mercantile or manufacturing establishment, or
of a rural property the annual rental whereof exceeded two thousand
five hundred pesetas ($250). They also had jurisdiction to try faltas,
which are criminal offences penalized with a fine not exceeding five
hundred pesetas ($50) or with aresto menor, which is imprisonment not
exceeding thirty days, and to conduct the preliminary proceedings in
crimes the jurisdiction over which was vested in the courts of first
instance. Judges of first instance had original jurisdiction in all
civil actions except those in which original jurisdiction was vested
in justices of the peace and in actions for crime (delitos). The
sentences of judges of first instance could be carried in appeal to
the audiencia territorial of Manila, and in the majority of cases
the supreme court of Spain could be petitioned for the cassation of
the sentences of the said audiencia territorial. The judges of first
instance also had appellate jurisdiction in cases of appeal against
the decisions rendered by justices of the peace in actions in which
the latter had original jurisdiction. All the sentences of the courts
of first instance in criminal cases, regardless of whether they were
sentences of conviction or of acquittal, had to be submitted for
review to the proper audiencia, the decision of the former not being
final without the approval of the latter. From the decisions of the
audiencia appeal lay in all cases to the supreme court of Spain.
It naturally followed that legal proceedings were interminable, and one
of the worst things which could befall an individual or a corporation
in the Spanish days was to become involved in a lawsuit. It is an
unpleasant thing to say, but the plain truth is that the character
of the judges in not a few instances left much to be desired.
Contrast with the endless complications of the above arrangement the
simplicity of that which prevails to-day. Justices of the peace have
exclusive original jurisdiction in all civil actions arising in their
municipalities which are not exclusively cognizable by the courts
of first instance, when the value of the subject-matter or amount
of the demand does not exceed $100, exclusive of interest and costs;
and where such value or demand exceeds $100, but is less than $300,
the justices of the peace have jurisdiction concurrent with the courts
of first instance. They also have original jurisdiction in forcible
entry and detainer proceedings. They have no jurisdiction to adjudicate
questions of title to real estate or any interest therein, or in civil
actions in which the subject of litigation is not capable of pecuniary
estimation, except in forcible entry and detainer cases, or in those
which involve the legality of any tax, impost, or assessment, or in
actions involving admiralty or marine jurisdiction, or in matters of
probate, the appointment of guardians, trustees, or receivers, or in
actions for annulment of marriage. Justices of the peace, except in
the city of Manila, have original jurisdiction to try persons charged
with misdemeanors, offences and infractions of municipal ordinances,
arising within the municipality, in which the penalty provided by law
does not exceed six months imprisonment or a fine of $100, or both such
imprisonment and fine. In the city of Manila the justice of the peace
does not have this jurisdiction; there it is left to a municipal judge,
who has jurisdiction to try all the infractions of ordinances and has
a more ample jurisdiction to try misdemeanors and crimes against the
general laws of the islands. Justices of the peace, except in the city
of Manila, also have jurisdiction to conduct preliminary proceedings
in all crimes and misdemeanors supposed to have been committed within
their municipalities and cognizable by the courts of first instance.
The jurisdiction of courts of first instance is of two kinds, original
and appellate. Courts of first instance have original jurisdiction: in
all civil actions in which the subject of litigation is not capable
of pecuniary estimation; in all civil actions which involve the
title to or possession of real property, or any interest therein,
or the legality of any tax, impost, or assessment, except actions
of forcible entry into or detainer of lands or buildings; in all
cases in which the demand, exclusive of the interest or the value
of the property in controversy, amounts to $100 or more; in all
actions in admiralty or maritime jurisdiction, irrespective of the
value of the property in controversy and the amount of the demand;
in all matters of probate, both of testate and intestate estates,
appointment of guardians, trustees, and receivers, in all actions for
annulment of marriage, and in all such special cases and proceedings
as are not otherwise provided for; in all criminal cases in which
a penalty of more than six months imprisonment or a fine exceeding
$100 may be imposed; in all crimes and offences committed on the
high seas or beyond the jurisdiction of any country, or within any
of the navigable waters of the Philippine Islands, on board a ship
or water craft of any kind registered or licensed in the Philippine
Islands in accordance with the laws thereof. This jurisdiction may
be exercised by the court of first instance in any province into
which the ship or water craft upon which the crime or offence was
committed may come after the commission thereof, but the court first
lawfully taking cognizance thereof has jurisdiction of the same to
the exclusion of all other courts in the Philippine Islands. Lastly,
courts of first instance have power to issue writs of injunction,
mandamus, certiorari, prohibition, quo warranto, and habeas corpus in
their respective provinces and districts, in the manner provided in
the code of civil procedure. Courts of first instance have appellate
jurisdiction over all causes arising in justices' and other inferior
courts in their respective provinces.
The supreme court of the Philippine Islands has original jurisdiction
to issue writs of mandamus, certiorari, prohibition, habeas corpus,
and quo warranto in the cases and in the manner prescribed in the
code of civil procedure, and to hear and determine the controversies
thus brought before it, and in other cases provided by law.
The supreme court of the United States, according to the Philippine
bill, has jurisdiction to review, revise, reverse, modify, or
affirm the final judgments and decrees of the supreme court of the
Philippine Islands in all actions, cases, causes, and proceedings
pending therein in which the constitution or any statute, treaty,
title, right or privilege of the United States is involved, or in
causes in which the value in controversy exceeds $25,000.
Probably not more than ten Filipinos held judicial or fiscal positions,
except that of justice of the peace, under Spanish rule. To-day,
three of the seven justices of the supreme court, ten of the twenty
judges of districts, two of the four judges at large, and three of
the six judges of the court of land registration are Filipinos. In the
bureau of justice the attorney-general and seven assistant attorneys
are Filipinos. All of the provincial fiscals are Filipinos with the
exception of the fiscal of the Moro province and the prosecuting
attorney and the city attorney of Manila. All of the justices of
the peace except those who serve ex officio are Filipinos, and the
secretary of finance and justice is a Filipino as well.
Under the Spanish régime justices of the peace did not receive
salaries, nor was there any appropriation for the payment of necessary
clerical assistance, for office supplies, or for rental of their court
rooms. The fees which the law allowed them to charge were their only
compensation. These were fifty cents for each civil case tried and
twenty-five cents when no trial was held on account of failure to
appear on the part of either the plaintiff or defendant or of both.
In criminal cases the fees were seventy-five cents for each case tried,
but they could be collected only if the defendant was adjudged to
pay the costs and was solvent.
The compensation of justices of the peace was in practice limited
to the paltry fees in civil cases, which in many municipalities
amounted to almost nothing owing to the small number of such cases
tried. Justices of the peace were burdened with orders from the
courts of first instance for the service of process, and for this no
compensation was given them.
The only appropriations for office, personnel and supplies of the
courts of first instance were the following: two Chinese interpreters
and sixteen bailiffs, drawing a yearly salary of $48 for the four
courts at Manila; interpreters drawing the following ridiculous
salaries: $48 per annum in some courts, $36 in others and in still
others $24; amanuenses whose salaries in some courts were $48 and in
others $36 per annum, while in yet other courts there was no amount
appropriated for their salaries. No appropriation was made for clerks,
officers, messengers or bailiffs of the courts, for necessary office
supplies or for court-houses. The clerks of courts had to pay all
subordinate employees. They also had to pay for the building of a
court-house out of the money collected as fees from litigants, and
in many instances they were compelled to pay for the dwelling place
of the judge, who ordinarily lived in the court-house.
The salaries of judicial officers and fiscals were also very
meager. The prosecuting attorney of a court de entrada was paid $750
per annum; the judge of a court of first instance de entrada, the
prosecuting attorney de ascenso, and the secretaries of the audiencia
de lo criminal, all of whom had the same rank, drew salaries of $937.50
per annum. The judge of first instance de ascenso, the prosecuting
attorney de termino and the secretaries of the audiencia territorial
de Manila were paid $1125 per annum. The judges of courts of first
instance de termino and the attorneys of the audiencia territorial of
Manila and the assistant attorneys of the audiencias de lo criminal
of Vigan and Cebu drew a salary of $1375 per annum. The assistant
fiscal of the audiencia territorial of Manila and the justices of the
audiencias de lo criminal of Vigan and Cebu, $1750. The justices of
the audiencia territorial of Manila and the presidents and fiscals of
the audiencias de lo criminal of Vigan and Cebu received $2125 per
annum. The president of the audiencia territorial of Manila and the
presidents of the departments of said court and its fiscal received
$25 per annum. The president of the audiencia territorial of Manila had
an additional allowance of $750, and the presidents of the departments
and fiscal of said court had $250 each for entertainment expenses.
At present, justices of the peace in first, second, third, and fourth
class municipalities receive yearly salaries of $480, $420, $360
and $300, respectively. The justice of the peace of Manila receives
$1800. The justices of the peace of Iloilo and Cebu receive $1200 each;
those of the provincial capitals of Albay, Ambos Camarines, Batangas,
Bulacan, Ilocos Sur, Occidental Negros, Pampanga, Pangasinán and
Tayabas, $900 each; those of Cagayan, Capiz, Cavite, Ilocos Norte,
Laguna, Rizal, Samar and Sorsogon, $750 each; those of the remaining
provincial capitals and of any municipalities considered as capitals
of provinces organized under the provincial government act, $600 each.
Every municipality is required to provide the justice of the peace
with an adequate court room and the necessary office furniture, light,
and janitor service. Office supplies, such as stationery, stamps,
printed forms, books, etc., are furnished by the bureau of justice
and paid for from the appropriation for said bureau.
Clerks and other subordinate employees of the courts of first instance
now have regular salaries prescribed by law, and the salaries of
judges are sufficient to allow them to live comfortably and with the
independence and decorum which befit their official positions. Judges
at large and some district judges receive $4500 per annum; other
district judges, $5000 per annum; judges in the city of Manila,
$5500. The judge of the court of land registration receives $5000
and the assistant judges are paid $4000 each with promotion to $4500
after two years of service. The chief justice and associate justices
of the supreme court receive $10,000 each.
THE NON-CHRISTIAN POPULATION
The following table gives the present accepted estimate of the
non-Christian population of the provinces as now organized, together
with the census estimate:--
-------------------+----------+-----------
| | Present
Province or | Census | Accepted
Sub-province | Estimate | Estimate
-------------------+----------+-----------
Abra | 14,037 | 14,037
Agusan | ---- | 85,000
Albay | 892 | 892
Amburayan | ---- | 10,191
Ambos Camarines | 5,933 | 5,933
Apayao | ---- | 20,000
Antique | 2,921 | 2,921
Bataan | 1,621 | 1,621
Batanes | ---- | 000
Batangas | 000 | 000
Benguet | 21,828 | 28,449
Bohol | 000 | 000
Bontoc | ---- | 62,000
Bulacan | 415 | 415
Cagayan | 13,414 | 15,000
Capiz | 5,629 | 5,629
Catanduanes | ---- | 000
Cavite | 000 | 000
Cebu | 000 | 000
Ilocos Norte | 2,210 | 2,210
Ilocos Sur | 13,611 | 13,611
Iloilo | 6,383 | 6,383
Ifugao | ---- | 125,000
Isabela | 7,638 | 7,638
Kalinga | ---- | 76,000
La Laguna | 000 | (?)
La Union | 10,050 | 000
Lepanto | ---- | 31,194
(Lepanto-Bontoc) | 70,283 | ----
Leyte | 000 | 000
Marinduque | 000 | 000
Masbate | 000 | 000
Mindoro | 7,264 | 15,000
Misamis | 40,210 | 000
Moro Province | 316,664 | 486,316
Negros Occidental | 4,612 | 4,612
Negros Oriental | 16,605 | 16,605
Nueva Ecija | 1,148 | 862
Nueva Vizcaya | 46,515 | 6,000
Palawan | 6,844 | 20,000
Pampanga | 1,098 | 1,098
Pangasinán | 3,386 | 3,386
Rizal | 2,421 | 2,421
Romblon | 000 | 50
Samar | 688 | 1,390
Siquijor | ---- | 000
Sorsogon | 41 | 41
Surigao | 15,814 | (?)
Tarlac | 1,594 | 1,594
Tayabas | 2,803 | 2,803
Zambales | 3,168 | 3,168
+----------+-----------
Total | 647,740 | 1,071,832
-------------------+----------+-----------
Certain of the items in this table require brief explanation. In
it the name of each province or sub-province for which the census
estimate has been departed from is italicized.
Agusan. This province did not exist when the census was taken. It
has since been carved out of the territory which formerly belonged
to Surigao and Misamis. The figures given, based largely on actual
enumeration, are approximately correct.
Amburayan. This sub-province formed a part of South Ilocos at the
time of the census enumeration. It does not appear that any account
was taken of its non-Christian population.
Apayao. The territory of this sub-province was a part of the province
of Cagayan at the time of the census enumeration. The estimate is
that of its present lieutenant-governor. Lieutenant-Governor Villamor
estimated its population at 53,000, but this figure was undoubtedly
too high.
Antique. The non-Christian population of this province is probably
given too low by the census, but I have allowed the census figures
to stand.
Batanes. This province did not exist at the time the census was taken.
Benguet. The present figures are based on an accurate enumeration.
Bontoc. The territory included within this sub-province has been
greatly changed since the census was taken. The present figures are
based on a recent enumeration.
Cagayan. The present figures were furnished me by Governor Antonio
Carag on April 16, 1913. They represent only the supposed Negrito
population of the eastern cordillera. There are other non-Christians
in the province, but their number is not known.