CHAPTER XXXVII

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.

The Philippines: Past and Present (Volume 2 of 2) · 第 19 / 20 章