vi" ■At %*. - . * » \ ^^9- K^"^ °^ ^' ^^•^^. .^^^ 'bt? 0° .15^>^^ °o ^4 Q^ ^-^^ •*" " » * ^v *■ * * * '^ , O M O /\. ■»-,•«• ■•CpV *>t. o V %0^ •rffv«J^.v' o <^<=i^ "h^ ■\ ' , o a5*^^ &°^ \ ^v^^^ ^^^^ .<^^ •■''^ ''■*^.6 aO^ oO^V./^O HE PHILIPPINES THE FIRST CIYIL GOYERNOR BY THEODORE ROOSEVELT CIYIL GOYERNMENT IN THE PHILIPPINES BY WILLIAM H. TAFT CIVIL GOVEKNOB OF THE PHILIPPINES NEW YORK THE OUTLOOK COMPANY 1902 TKrxiBRARY or CONGRESS, Two CoWEe REOEiveo AUG. !2 1902 » CorvntOHT EPiniv CLASS ^ XXa No. COFV B. ' Copyright, 1902, by The Outlook Company THE DEVINNE PRESS PUBLISHERS' NOTE Governor Taft's survey of what has been already accomplished in the Philippines in establishing civil govern- ment is the best possible indication of what may be done in the future in ex- tending and completing the work. The importance of a full knowledge of ac- tual conditions is apparent; and no- where have the facts been stated so fully and so authoritatively as they are here by Governor Taft. When this review of the situation was published in The Outlook (May 31, 1902) the [5] PUBLISHERS' NOTE editors of that journal pointed out that it was because they regarded General Taft as the first expert in the service of the country in the affairs of the Philippines that they had asked him to prepare for their readers a full survey of what had been accomplished, and an outhne of the pohcy which he wishes to have pursued in dealing with the islands. It is for the same reason that it has seemed well worth while to give permanent form to this history of the laying of the foundations of American civiHzation in the Philip- pines. The qualities of Judge Taft's char- acter and the nature of his experience which made him the choice of President McKinley are admirably brought out in [6] PUBLISHERS' NOTE President Eoosevelt's personal sketch of '' The First Civil Governor." This characteristically direct and vigorous appreciation was written a very few weeks before the assassination of Pres- ident McKinley, and was first pubhshed in The Outlook of September 21, 1901. [7] THE FIRST CIVIL GOYEENOR: WILLIAM H. TAFT BY THEODOEE EOOSEVELT President of the United States THE FIRST CIVIL GOVEENOR A YEAR^ ago a man of wide ac- quaintance both with American public life and American public men remarked that the first Gov- ernor of the Philippines ought to combine the qualities which would make a first-class President of the United States with the qualities which would make a first-class Chief Justice of the United States, and that the only man he knew who possessed all these qualities ^ This article was written for The Outlook in the summer of 1901 by President Roosevelt, then Vice-President. [11] THE FIEST CIVIL GOVERNOR was Judge William H. Taft, of Ohio. The statement was entirely cor- rect. Few more difficult tasks have devolved upon any man of our na- tionality during our century and a quarter of puhlic life than the han- dling of the Philippine Islands just at this time ; and it may be doubted whether among men now living an- other could be found as well fitted as Judge Taft to do this incredibly difficult work. Judge Taft belongs to a family which has always done valuable public service. He grad- uated fi'om Yale in 1878; and a few years later, when Yale gave him the honorary degree of LL.D., he was the youngest of her grad- uates upon whom she had ever con- [12] WILLIAM H. TAFT ferred this honor. On graduation he took up the study of the law, and also entered actively into puhlic life. In both careers he rose stead- ily and rapidly. Under President Harrison he was made Solicitor- General of the United States, and he left this place to become a Judge of the United States District Court. But his weight in public life was something entirely apart from the office he at any time happened to hold. I dislike speaking in hyper- bole; but I think that almost all men who have been brought in close contact, personally and officially, with Judge Taft are agreed that he combines as very, very few men ever can combine, a standard of [13] THE FIEST CIVIL GOVERNOR absolutely unflinching rectitude on every point of public duty, and a literally dauntless courage and willingness to bear responsibility, with a knowledge of men, and a far-reaching tact and kindliness, which enable his great abilities and high principles to be of use in a way that would be impossible were he not thus gifted with the capacity to work hand in hand with his fellows. President McKinley has rendered many great services to his country ; and not the least has been the clear-sightedness with which he has chosen the best pos-, sible public servants to perform the very difficult tasks of acting as the first administrators in the islands [14] WILLIAM H. TAFT which came into our hands as a result of the Spanish war. Such was the service he rendered when he chose Assistant Secretary of the Navy Allen and afterwards Judge Hunt as Governors of Porto Rico ; when he chose General Leonard Wood as Governor- General of Cuba; and finally when he made Judge Taffc the first Governor of the Philippines. When Judge Taft was sent out as the head of the Commission ap- pointed by the President to inaugu- rate civil rule in the Philippines, he was in a position not only of great difficulty, but of great deli- cacy. He had to show inflexible strength, and yet capacity to work [15] THE FIEST CIVIL GOVEENOR heartily with other men and get the best results out of conflicting ideas and interests. The Tagalog insurrection was still under full headway, being kept alive largely by the moral aid it received from certain sources in this country. Any action of the Commission, no matter how wise and just, was certain to be misrepresented and bitterly attacked here at home by those who, from whatever reasons, desired the success of the insur- gents. On the other hand, the regular army, which had done and was doing its work admirably — and which is entitled to the hearti- est regard and respect from every true American, alive, as he should [16] WILLIAM H. TAFT be, to its literally inestimable ser- vices — was yet, from its very nature, not an instrument fitted for tbe frirtber development of civil liberty in the islands. Under ordi- nary circumstances there would have been imminent danger of fric- tion between the military and civil authorities. Fortunately, we had at the head of the War Department in Secretary Elihu Root a man as thoroughly fit for his post as Gov- ernor Taft was for his. Secretary Root was administering his depart- ment with an eye single to the public interests, his sole desire being to get the best possible re- sults for the country. Where these results could be obtained by the [17] THE FIRST CIVIL GOVEKNOR use of the army, lie used it in the most efficient possible manner — and month by month, almost day by day, its efficiency increased under his hands. Where he thought the best results could be obtained by the gradual elimination of the army and the substitution of civil government, his sole concern was to see that the substitution was made in the most advantageous manner possible. Neither the Sec- retary nor the Governor was capa- ble of so much as understanding the pettiness which makes a cer- tain type of official, even in high office, desire to keep official control of some province of public work, not for the sake of the public work, but [18] WILLIAM H. TAFT for the sake of the office. No better object-lesson could be given than has thus been given by Secretary Root and Governor Taft of the im- mense public benefit resulting, un- der circumstances of great difficulty and delicacy, from the cordial co- operation of two public servants, who combine entire disinterested- ness with the highest standard of capacity. Governor Taft thus set to work with the two great advantages of the hearty and generous support of his superior, the President, and the ungrudging cooperation of the War Department. The difficulties he had to combat were infinite. In the Philippines we were heirs to all [19] THE FIRST CIVIL GOVERNOR the troubles of Spain, and above all to the inveterate distrust and sus- picion which Spanish rule had left in the native mind. The army alone could put down the insurrec- tion, and yet, once the insurrection had been put down, every consider- ation of humanity and policy re- quired that the function of the army should be minimized as much as possible. Until after the Presiden- tial election in November last peace could not come, because both the insurgent leaders and their sup- porters on this side of the water were under the mistaken impression that a continuance of the bloodshed and struggle in the Philippines would be politically disadvanta- [20] WILLIAM H. TAFT geous to the party in power in the United States. Soon after the re- sults of the election became known in the Philippines, however, armed resistance collapsed. The small bands now in the field are not, properly speaking, insurgents at all, but " ladrones," robbers whose operations are no more political than those of bandits in Calabria or Greece. The way has thus been cleared for civil rule ; and astonishing prog- ress has been made. Wherever possible. Governor Taft has been employing natives in the public ser- vice. Being a man of the soundest common sense, however, he has not hesitated to refuse to employ [21 ] THE FIRST CIVIL GOVEENOR natives where, after careful investi- gation, his deliberate judgment is that, for the time being, it is to the advantage of the natives themselves that Americans should administer the position, notably in certain of the judgeships and high offices. For the last few months the Fili- pinos have known a degree of peace, justice, and prosperity to which they have never attained in their whole previous history, and to which they could not have approximated in the remotest degree had it not been for the American stay in the islands. Under Judge Taffc they are gradually learning what it means to keep faith, what it means to have public officials of unbending recti- [22] WILLIAM H. TAFT tude. Under him the islands have seen the beginnings of a system of good roads, good schools, upright judges, and honest public servants. His administration throughout has been designed primarily for the benefit of the islanders themselves, and has therefore in the truest and most effective way been in the in- terest also of the American Repub- lic. Under him the islanders are now taking the first steps along the hard path which ultimately leads to self-respect and self-government. That they will travel this road with success to the ultimate goal there can be but little doubt, if only our people will make it absolutely certain that the policies inaugurated under [23] THE FIEST CIVIL GOVERNOR President McKinley by Governor Taft shall be continued in the fature by just such men as Governor Taft. There will be occasional failures, oc- casional shortcomings ; and then we shall hear the familiar wail of the men of little faith, of little courage. Here and there the smoldering embers of insurrection will burst again into brief flame; here and there the measure of self-govern- ment granted to a given locality will have to be withdrawn or dimin- ished because on trial the people do not show themselves fit for it ; and now and then we shall meet the sudden and unexpected difiiculties which are inevitably incident to any effort to do good to peoples [24] WILLIAM H. TAFT containing some savage and half- civilized elements. Governor Taft will have to meet crisis after crisis ; he will meet each with courage, coolness, strength, and judgment. It is highly important that we have good laws for the islands. It is highly important that these laws permit of the great material devel- opment of the islands. Governor Taft has most wisely insisted that it is to the immense benefit of the islanders that great industrial en- terprises spring up in the Philip- pines, and of course such indus- trial enterprises can only spring up if profit comes to those who undertake them. The material up- lifting of the people must go to- [25] THE FIRST CIVIL GOVERNOK gether with their moral upHfting. But though it is important to have wise laws, it is more important that there should be a wise and honest administration of the laws. The statesmen at home, in Congress and out of Congress, can do their best work by following the advice and the lead of the man who is actually on the ground. It is therefore es- sential that this man should be of the very highest stamp. If infe- rior men are appointed, and, above all, if the curse of spoils politics ever fastens itself upon the admin- istration of our insular dependen- cies, widespread disaster is sure to follow. Every American worthy of the name, every American who [26] WILLIAM H. TAFT is proud of his country and jealous of her honor, should uphold the hands of Governor Taft, and hy the heartiness of his support should give an earnest of his intention to insist that the high standard set hy Governor Taft shall be accepted for all time hereafter as the stan- dard hy which we intend to judge whoever, under or after Governor Taft, may carry forward the work he has so strikingly begun. Governor Taft left a high office of honor and of comparative ease to undertake his present work. As soon as he became convinced where his duty lay he did not hesi- tate a moment, though he clearly foresaw the infinite labor, the crush- [27] THE FIRST CIVIL GOVERNOR ing responsibility, the certainty of recurring disappointments, and all the grinding wear and tear which such a task implies. But he gladly undertook it ; and he is to be con- sidered thrice fortunate! For in this world the one thing supremely worth having is the opportunity, coupled with the capacity, to do well and worthily a piece of work the doing of which is of vital con- sequence to the welfare of mankind. [28] CIVIL GOVERl^MENT IN THE PHILIPPINES BY WILLIAM H. TAFT Civil Governor of the Philippines CIVIL GOVERNMENT IN THE PHILIPPINES 4S soon as the American army iV extended its lines beyond the city of Manila, and brought within its control the various towns of the islands, steps were taken by Gen- eral Otis to inaugurate a simple civil municipal government under what were called Orders No. 43. Thereafter, in the spring of 1900, a commission appointed by Gen- eral Otis reported a more extended form of municipal government un- der General Orders No. 40. But comparatively few towns were or- [31] CIVIL GOVERNMENT IN THE PHILIPPINES ganized under Orders No. 40 before the Oommission began to exercise its legislative jurisdiction in Sep- tember, 1900. The civil branch of the military government under the Commanding General was a growth. He exercised both the legislative and executive power. He established civil courts in some six or eight of the provinces, gen- erally appointing Filipinos to the bench. He appointed four judges of first instance in the city of Ma- nila, and created a Supreme Court, following the organization of the Audiencia or Supreme Court as it existed under the Spaniards. This court he made up of both Ameri- cans and Filipinos, with Chief Jus- [32] THE BEGINNINGS OF CIVIL RULE tice Arellano, a Filipino, as its head. The secretary to the Mili- tary Governor was his chief assis- tant in carrying on the civil hranch of his government, and the legisla- tive work was done through his general orders or by the executive orders of the President. It was through one of the latter that the tariff act was put in force and duties collected under it. The customs office and the offices of the Trea- surer and the Auditor of the islands were established. Under an exec- utive order of the President and the appointment of the Postmaster- General, a post-office was organ- ized and a Director- General of Posts began his duties. A Superinten- [33] CIVIL GOVEENMENT IN THE PHILIPPINES dent of Schools for the city of Manila was appointed and some schools were opened there, first under Father McKinnon as Super- intendent, and then under Mr. An- derson. The military government called into requisition the services of military officers by detailing them for civil duties. So much of the country was disturbed by the guerrilla war at the time that the operation of the civil branches of the government was exceedingly lim- ited, and its expenses, by reason of the employment of detailed army of- ficers who received no salaries from the civil funds, were not large. The customs receipts were considerable, and though a good deal of money [34] THE BEGINNINGS OF CIVIL RULE was taken from the civil ftinds for purely military expenses, a satisfac- tory balance remained at the end of the fiscal year. The Commission in its problems was much aided by what had been done under the mili- tary government. From Septem- ber, 1900, to July, 1901, the Commanding General of the Army was civil executive as well. This was a good arrangement, because it kept up the interest of the mili- tary branch in the development of the municipal governments until many could stand alone, and it enabled the Commission to secure through the Executive, during the transition from a military to a civil regime, the assistance of the army. [35] CIVIL GOVERNMENT IN THE PHILIPPINES It was, however, no small task for the Commission first to enact legis- lation necessary to organize and establish the various bureaus and departments, and then to secure competent and faithful civilians to carry on the work of the central government, and to substitute them for military officers. The fifth law which was enacted by the Commission was the civil service law, which is believed to extend the merit system further than it has ever been extended in r this country. It is an indispensable condition precedent to any proper civil government in the islands; but it necessarily imposed restrictions [36] THE CIVIL SERVICE — PUBLIC WORKS in the selection of employees, which have, in some cases, delayed the organization of offices. The first act passed by the Com- mission appropriated one million dollars for the construction and im- provement of roads in the Archi- pelago. Another early act of the Commission provided for the im- provement of the harbor works of Manila, and involved an expendi- ture of three millions of dollars. I shall not dwell upon the necessity for the construction of roads in the Philippines. In no other respect are the islands so backward as in the lack of intercommunication be- tween the towns of the interior. [37] CIVIL GOVERNMENT IN THE PHILIPPINES The harbor of Manila at present is not at all satisfactory. A popular impression exists that Manila Bay is small enough to form a harbor in itself, but this is a great mistake. The bay is thirty-five miles long by twenty-five miles wide, and opposite to Manila is the opening between the China Sea and the bay, suffi- ciently wide to give free sweep to the southwest monsoon, so that dur- ing the wet season, when that mon- soon prevails, vessels anchored in the Bay of Manila find it very dif- ficult to load or unload. The Span- iards bailt part of a breakwater, but very little protection was thus given to shipping. The Pasig River offers a harbor for vessels of sixteen feet [38] MUNICIPAL GOVERNMENTS draft, but it is so crowded that the demand for more harbor room is imperative. It is hoped that the harbor work will be completed in two years, and, with a good harbor and a reduction of landing charges, the port of Manila will undoubtedly become one of the most important in the Orient. Between September, 1900, and January, 1901, the Commission enacted other legislation looking toward the better organization of the central government bureaus and departments. It had also in preparation the acts providing for the creation of municipal and pro- vincial governments; but until the [39] CIVIL GOVERNMENT IN THE PHILIPPINES election of President McKinley gave the people of the islands to under- stand what the policy of the United States was to be, the Commission did not deem it wise to attempt to carry out its plans for partial self- government of the islands. In De- cember, 1900, and January and February of 1901, full discussion was held at the public sessions of the Commission in respect to the provisions of these important or- ganizing acts, and they were made into law in February of that year. The municipal law is drawn on the same general plan as the municipal codes of this country, and the gov- ernment is practically autonomous. The electorate is limited to those [40] PROVINCIAL GOVERNMENTS who speak and write either Spanish or English, those who pay a tax of fifteen dollars a year, or to those who have filled municipal offices. The provincial government is par- tially autonomous. The office of Governor is elective. The Governor is a member of the provincial legis- lative hoard. His colleagues on this board are the Treasurer and Super- visor, who are appointed under the civil service law. The Governor and Treasurer exercise supervision over the municipal officers of their province. Thus far they have been Americans. The other provincial officers are the Prosecuting Attor- ney or Fiscal, and the Secretary. They have been Filipinos. The [41] CIVIL GOVERNMENT IN THE PHILIPPINES Secretary is now selected under the civil service law. The Commission, which is the legislative body of the central government since the first of September, 1901, has five Amer- ican members and three Filipino members, appointed by the Presi- dent. Conditions improved so rapidly after the beginning of 1901 that the Commission felt justified in vis- iting various provinces to organize provincial governments. Four months of the time between Febru- ary, 1901, and September, 1901, was taken up in establishing thirty- four provincial governments. Of these, thirty- three were in provinces [42] PROVINCIAL GOVERNMENTS in which there were none but Chris- tian FiHpinos. One, the province of Benguet, in the mountains^ con- tained only Igorrotes or hill tribes. The government of Benguet was, therefore, of the most paternal char- acter and left most of the power, either by direct intervention or su- pervision, with the Governor. To the other provinces — the Christian Filipino provinces — the general provincial law was made applicable by special acts which were passed after a conference with the leading men of the province, and contained provisions varying the general pro- vincial act to suit differing local conditions. [43] CIVIL GOVERNMENT IN THE PHILIPPINES Between the first of January and the first of September, 1901, the Commission passed a general school law, and under this the Superinten- dent of Public Instruction, Mr. At- kinson, brought to the islands about one thousand American school- teachers. The teachers did not reach the islands before August, and were not assigned and transported to their posts much before the first of October. There are about nine hundred towns in the Archipelago, and these teachers were sent to about five hundred of them. In addition to the thousand American school-teachers there are about twenty-five hundred Filipino school- teachers. The chief function of [44] SCHOOLS AND TEACHERS the American school-teacher is to teach the FiHpino teacher Eng- hsh, and proper methods of teach- ing. The American school-teach- ers do, of course, teach in the primary schools, hut the plan is that the teaching of the Fili- pino children shall chiefly he done by Filipino teachers. Normal schools have been organized in the islands, and manual training schools. The immense amount of detail required, not only for the es- tablishment of schools, but for the furnishing of a commissary for the school-teachers, will be understood only by those who know the diffi- culties of transportation and com- munication between Manila and the [45] CIVIL GOVERNMENT IN THE PHILIPPINES towns of the islands. Among the thousand school-teachers it is not surprising that some should be found disposed to complain of the system which is being inaugurated. The school system as a system has really been in operation for not more than six months. It would be entirely unjust and foolish, after so short a time, to render a final judgment as to the wisdom of the system, were it being inaugurated in a country as well adapted to re- ceive a school system as the United States. Still more unwise and un- just is it to attempt to reach a final conclusion as to its successful oper- ation or otherwise when a system of this kind is applied to a country [46] SCHOOLS AND TEACHERS with such unusual conditions as those prevailing in the Philippine Islands. Not for five years will it be fair to speak with confidence of the effect and the efficiency of the school system in the Philippines. Certainly, neither the Commission nor the Superintendent is likely to be driven from a policy inaugu- rated after as full an investigation as could be made, by the grum- blings and criticisms of employees assigned to provinces not so impor- tant as they think their abilities and capacities require. The exact attitude of the- Cath- olic Church to the schools has not been clearly defined. It is quite probable that this wiU not be the [47] CIVIL GOVERNMENT IN THE PHILIPPINES same in some provinces as in others. It is known to vary in this country, according to the views of the priest- hood in the particular locality, and the same thing will be true in the Philippines. The Commission has not the slightest objection to the spread of church schools, if only a proper standard of education is maintained in them ; on the con- trary, it welcomes any aid in edu- cation. It may be necessary to pass a compulsory education law when the school system shall be sufficiently enlarged to offer to all children of school age an opportu- nity for education. At present the difficulty of providing schools for those who are willing to attend is [48] SCHOOLS AND TEACHEES SO great that compulsory atten- dance would seem to be unreason- able. However, it should be said that the Commission is constantly in receipt of petitions from the va- rious towns of the Archipelago ask- ing that a compulsory education law be passed. In such a case, of course, attendance at church schools would satisfy the law, provided a curriculum was maintained cover- ing certain required subjects. It is very important that English be taught in all the schools, in order that the next generation shall have a common medium of communica- tion. The Filipinos have very con- siderable facility in learning lan- guages, and are very anxious to [49] CIVIL GOVEENMENT IN THE PHILIPPINES learn English. A knowledge of English, and a consequent familiar- ity with American literatm^e and American newspapers, will furnish to the people a means of under- standing American civilization and American institutions, and will greatly assist in teaching them self- government on Anglo-Saxon lines. One necessary addition to the school system is the establishment of schools of secondary instruction, and probably a university. The primary schools teach English. There are some Filipinos in each town, however, who will desire their children to have an academic edu- cation, and unless we furnish sec- ondary schools, in which English [50] THE JUDICIAEY shall be the language taught, we shall disappoint the legitimate am- bition and aspiration of such pa- rents. In other words, a primary system in English requires a secon- dary and probably university in- struction in the same language. The step next most important to the beginning of a school system in the islands has been the organi- zation of a judiciary. An impar- tial administration of justice is what has been most lacking in Philippine civilization, and the Commission has thought it wise that a judiciary should be established in which American judges should be in the majority. The whole Archipelago [51] CIVIL GOVERNMENT IN THE PHILIPPINES has been divided into fifteen judicial districts, in each of which there is a court of first instance with a gen- eral civil and criminal jurisdiction like that of the ordinary common pleas court in this country. A jus- tice of the peace with jurisdiction like that of our justices of the peace is appointed in each town, and appeal from his decision to the courts of first instance is provided. A Su- preme Court of seven members, with appellate jurisdiction over the judgments of the courts of first in- stance, has been created to sit at Manila, Iloilo, and Oebu. In the Supreme Court four Americans and three Filipinos sit, and about one third of the judges of first instance [52] THE JUDICIARY are Filipinos. In the large cities, in which there is likely to be liti- gation between foreigners or Amer- icans and Filipinos, American judges have usually been selected. This is done in order to avoid the necessity for a so-called United States Court to which Americans and foreigners may carry their cases. As much care as possible has been used in the selection of the judges, and I feel confident that we have inaugurated a system in which justice will be done, and the inestimable benefit will be con- ferred upon the people of showing them what justice is. We have certainly succeeded in securing the " pick " of the Filipino lawyers for [53] CIVIL GOVERNMENT IN THE PHILIPPINES the bench, and the American judges have shown themselves to be men thoroughly in earnest in their work and greatly interested in main- taining a high standard for the courts. As an aid in the administration of justice and the maintenance of law and order, in addition to the local police, it has been necessary to establish an insular constabu- lary. This consists of not more than one hundred and fifty men in each province, under inspectors partly American and partly Fili- pino. Ladronism was very widely extended under the Spanish rule, and there was organized under the [54] POLICE AND CONSTABULARY government what was called the guardia civil, but the outrages and abuses of the guardia civil were almost equal to those com- mitted by the ladrones. I am glad to say that thus far the opera- tion of the constabulary system has been most satisfactory, and ladronism is rapidly disappearing. The selection of men for its ranks has been very carefully made. The system of selecting only residents of the province for service in the province avoids the danger of abuse and looting by the members of the constabulary themselves. In a force of some five thousand men there have been reported but three deser- tions. The constabulary costs the [55] CIVIL GOVERNMENT IN THE PHILIPPINES Philippine Government 1250 a man a year, on the average. During the period between Jan- uary and September of 1901 the Commission adopted, with the as- sistance of the War Department, a new tariff which reversed the prin- ciple of the Spanish tariff by impos- ing a higher duty upon luxuries than upon necessaries, and by re- ducing the duty upon foodstuffs, canned goods, and other necessaries, from a prohibitory rate to an ad valorem tax of about fifteen per cent. The average rate of the whole tariff* schedule is an ad va- lorem duty of from twenty-five to thirty per cent. The customs de- [ 56 ] TARIFF-FORESTRY-POSTAL SYSTEM partment had to be reorganized, and a customs administrative bill was passed in November, 1900, adopt- ing largely the American system of appraisement and collection. The Bureau of Forestry, which has under its protection one of the largest sources of wealth in the isl- ands, in the last year has been much extended and more completely or- ganized, so that it now has its agents in every province of the isl- lands to collect the timber license fees and to see to it that the forests are not injured by the cutting per- mitted. The Post- Office is being extended gradually, but it is not by any means as efficient as it ought to be. [57] CIVIL GOVERNMENT IN THE PHILIPPINES The difficulties of communication are very great. The Commission has contracted for the construction of twenty small sea-going vessels with which it is hoped that the mails can he carried and a revenue police system maintained, and that the provincial officials may he trans- ported between the various towns of their province, and that frequent communication may thus be had be- tween the capitals of provinces and Manila. But these vessels will not all be ready for service before next year. Under the present system it sometimes takes more time to reach the capitals of some of the more remote provinces from Manila than it does to go to San Francisco. [58] HEALTH-AGEICULTURE-SUEVEYS The Commission has organized a complete health department under the central government, which co- operates with local health officials. This is essential hoth in the protec- tion of the people of the islands from epidemics of smallpox, cholera, and plague, and in stamping out conta- gious diseases of cattle and horses. A very heavy expense has been thrown upon the central govern- ment in its attempts to keep the cholera now existing in the islands from spreading. An agricultural bureau has been organized, the importance of which in developing proper methods of ag- riculture in these islands, and super- seding the uselessly clumsy manner [59] CIVIL GOVERNMENT IN THE PHILIPPINES in which crops are sown and reaped, cannot be overstated. Some of the most expert scientists of the Agri- cultural Department of Washington have been brought to the islands, and it is hoped that in the course of three or four years marked im- provement in agricultural methods may be made through the instru- mentality of model farms and di- rect instruction in agricultural schools. Until Congress acts, the survey and sale of public lands and mining rights will probably be held in abeyance, but as the bill for the civil government of the Philippines is likely to pass before the close of this session of Congress, it is cer- [60] INCOME AND EXPENDITUEE tain that these two bureaus must he very much enlarged. Of course a very comprehensive and extensive system of surveys is absolutely ne- cessary to the proper application of any public land or public mining system, and this will have to be begun at once. The civil govern- ment is almost wholly dependent on receipts from customs for its income. It will be a serious question whe- ther the government as planned can be carried on without a deficit if business and the revenues do not increase. If the revenues do not increase, it will be necessary for the Commission to economize by delay- ing the execution of some of its plans and by radical retrenchment. The [61] CIVIL GOVERNMENT IN THE PHILIPPINES cost of the school system is heavy, and in all prohability will increase. The necessity for more teachers and the erection of permanent school buildings is immediate. I think I have outlined the plans of the Commission with respect to the central government bureaus suf- ficiently to show that a good deal of money will be needed to carry them out. In addition to what I have said, the Philippine Govern- ment ought to make a compre- hensive exhibit at the Louisiana Purchase Exposition to be held at St. Louis in 1904, and it was hoped that half a million dollars might be appropriated for this purpose ; but [62] DIFFICULTIES OVEECOME the Commission has decided that it cannot enter into an obligation to pay out that much money until fur- ther time has been given to deter- mine what the income-producing capacity of the present tariff law is. The work of the Commission has been hard and exacting. The diffi- culty of selecting Competent officers to act as heads of bureaus and departments eight thousand miles away from the United States will be appreciated. The difficulty of selecting Filipinos for important offices where faction and prejudice and personal ambition play a very decided part can be understood. The great labor needed in the prepara- tion of the laws, an examination of [ 63] CIVIL GOVERNMENT IN THE PHILIPPINES the acts of the Commission will show. One of the heaviest labors has been the preparation and en- actment of a code of civil procedure. The code follows generally the codes of the American States. The Span- ish code of procedure was so full of technicalities as practically to deny justice to the litigant, and the Fili- pino bar were unanimous in a de- mand for a change. Judge Ide has drafted the code, and I believe that American lawyers who consult it will testify to the excellence of his work. The old Spanish criminal code was continued by Greneral Otis, with necessary modifications, as well as the criminal code of prac- tice. A new code of practice and [64] THE TREASON AND SEDITION LAWS of crimes has now been prepared by General Wright, and only awaits enactment when the three lawyers of the Commission can meet to- gether again. The Commission, under its instructions, has not at- tempted to change the substantive law of the islands so far as it affects the correlative rights and duties of individuals. It is the civil law, and does not differ very materially from the Code Napoleon. It is a good system of law, and there is no reason to change it. When the tariff bill enacted into law by Congress was before the Senate, there was severe criticism of the Commission for passing what [65] CIVIL GOVERNMENT IN THE PHILIPPINES were known as the treason and se- dition laws. So far as this criti- cism related to sections which were taken bodily from the Revised Stat- utes of the United States, and had been in those statutes for one hun- dred years, I hardly think it neces- sary to say anything. A section was taken from the Spanish laws which in effect, though not in lan- guage, was like a section of the United States Revised Statutes providing for the punishment of conspiracy on the part of two or more persons to deprive another of rights secured to him by the Constitution of the United States. Another section of the act was al- most a literal copy of a Tennessee [66] THE TREASON AND SEDITION LAWS statute denouncing sedition. An- other section forbade the organiza- tion of secret political societies, and another forbade the advocacy of independence pending the war either by peaceable or by forcible means. The latter section was by its terms merely a war measure, and to a cer- tain extent suspended free speech. As peace is now likely to be offi- cially declared at any time, it hardly needs further comment than to say that it was enacted, not to prevent the sincere advocacy of independence by peaceable means, though it had such an effect tem- porarily, but really to prevent the encom^agement of men in arms against the sovereignty of the [67] CIVIL GOVERNMENT IN THE PHILIPPINES United States, by an advocacy of independence, either with no Hmi- tation or with a mere pretense of limiting the advocacy to peaceable means. Members of the Insurgent Junta began to move toward Ma- nila, with the apparent impression that the establishment of civil gov- ernment in Manila would allow them free scope for their political agitation. The section denouncing secret political societies was adopted for the same purpose as the section just discussed, and, while not ex- pressly limited to the pendency of war, may be regarded as war legis- lation. The section against sedi- tion was, as I have said, copied from a Tennessee statute, and was [68] THE TREASON AND SEDITION LAWS intended to secure the public wel- fare against articles intended to disturb the peace by gross libels upon the government or upon any class of people. There is nothing in the privilege of free speech or a free press that renders immune from prosecution those guilty of misrep- resentation or libel. The conditions prevailing in the Philippines make the passage of such a law necessary. There are in the city of Manila American papers owned and edited by Americans who have the bitter- est feeling toward the Filipinos, and entertain the view that legis- lation for the benefit of the Fili- pinos or appointment to office of Filipinos is evidence of a lack of [69] CIVIL GOVERNMENT IN THE PHILIPPINES loyalty to the Americans who have come to settle in the islands. Ac- cordingly, they write the most scur- rilous articles impeaching the hon- esty of the Filipino officials, the Filipino judges, and the whole Filipino people, as a basis for at- tacking the policy of the Commis- sion. The editor of the "Free- dom " has been prosecuted under this section for publishing an arti- cle which is described by General Wright, the Acting Civil Governor of the Philippine Islands, as follows: The editor of the " Freedom " has been proceeded against on account of a lengthy editorial attacking civil gov- ernment in general and Filipino people in particular, charging that Commis- [70] THE TREASON AND SEDITION LAWS sion constitute a protectorate over set of men who should be in jail or de- ported, that they were all knaves and hypocrites. Eeferred to Valdes libel as showing Tavera coward and rascal, Legarda unworthy to associate with respectable people, and attacked Amer- ican Commissioners for recommending them and permitting them remain members. Charges Filipino judiciary notoriously corrupt and unwilling to convict Filipinos. Denominate all Filipino officials rascally natives, rogues, notoriously corrupt and men of no character. Manifest purpose to stir up race hatred and especially make odious and contemptible Filipino members of Commission and Filipino officials generally, and create breach between Filipinos and Americans, thereby disturbing the peace of the community. [71] CIVIL GOVEENMENT IN THE PHILIPPINES In a country like the United States such an article would not cause any particular trouble, but in the Philippines it is at once translated into Spanish and into Tagalog and is used for the pur- pose of stirring up race hatred ; and this was probably the purpose for which it was written. The paper in which the article appeared has always advocated great severity in dealing with the Filipinos, and has done everything to avoid the establishment of good feeling which ought to exist between the Filipino people and those Americans who are in the islands. The editor of the " Freedom " has the opportunity to prove, if he can, in his defense, the corruption which he charges, but [72] THE TREASON AND SEDITION LAWS if it turns out that his charges are unfounded, I think he ought to he punished, and that his punishment will not he in violation of any right to free speech. In a country like the United States it is wiser not to denounce many acts as offenses against the law which might prop- erly he denounced as such, because their evil effect is negligible in this community ; but such acts in a country like the Philippines, under the peculiar conditions there prevailing, may be exceedingly in- jurious to the public peace, and may properly call for a statutory denunciation of them without im- pairing any of the rights described in the bill of rights. [ 73] CIVIL GOVERNMENT IN THE PHILIPPINES The people of the Archipelago are divided roughly into six and one half million Christian Filipinos, one million and a half Moros or Mohammedans, and one million other non- Christian tribes, known usually as hill tribes. The insur- rection has been maintained only by the Christian Filipinos. Neither the hill tribes nor the Moros took any part in it. The Christian Fili- pinos are the only people of the islands who have the slightest con- ception of popular government. The present condition of the Chris- tian Filipino provinces is that of peace. When I left the islands in December, 1901, there was insur- rection only in the provinces of [74] THE EESISTANCE OF THE FILIPINOS Batangas, Laguna, Sainar,Tayabas, and some little in Mindoro. It was also claimed that there was some insurrection in the province of Misamis, though it seemed to me that it was more of a ladrone disturbance than one of the in- surrectos. However that may he, the fact is now that all forces in arms in Batangas, Tayahas, Laguna, Samar, Mindoro, and Mis- amis have surrendered, and their rifles have been delivered up to the military authorities. These provinces are ripe for the establish- ment of civil government, and it is probable that within two months the provincial governments in those provinces will have been estab- [ 75 ] CIVIL GOVEENMENT IN THE PHILIPPINES lished/ When this is done, all the Christian Filipino provinces to which the provincial law can he practically applied will enjoy peace and civil government. There are two provinces on the Pacific coast known as Infanta and Principe, in which the population does not ex- ceed ten or fifteen thousand, which are so sparsely settled that a special form of government must be given them, and the same thing is true of the Oalamianes group in the Jolo Sea. There are ladrones in the ^ On July 4, 1902, less than two months from the time when this was written, President Eoosevelt was able to proclaim that civil government was established everywhere in the Philippines except in the territory occupied by the Moros, and to issue also a proclamation of general amnesty. — The Publisheks. [ 76 ] THE RESISTANCE OF THE FILIPINOS province of Leyte who are being rapidly dispersed, captured, or killed by the constabulary, and the same thing is true of Negros. In Negros there never has been insurrection, but the impassable mountains and forests which form the spine of the island have always offered refuge to a mountain people who have made a profession of cattle-lifting and blackmailing. The rich haci- enda-owners of the plains of eastern and western Negros have always suffered from this evil. It is the purpose of the Commission to erad- icate it, but the ladrones are so nu- merous and the difficulties of cam- paigning so great that it will take a considerable time. The difficulty with the Lake La- [ 77 ] CIVIL GOVERNMENT IN THE PHILIPPINES nao Moros, the wild Moros of Min- danao, has no more to do with the insurrection than did Indian fights on the plains or in Minnesota have to do with the Civil War. With the establishment of civil govern- ment in the near future, therefore, over all the six million of Christian Filipinos, the difficulties inherent in the dual form of control by the mili- tary and the civil authorities will be eliminated. The army will be concentrated in a comparatively few garrisoned posts separated from the towns, and stricter discipline will be much easier to maintain when the troops cease to be quartered on the people. When the troops are withdrawn to separate posts and the [78] THE PEOPLE AND THE CIVIL GOVERNMENT people see them but occasionally, they will he much more convinced of the real power of civil govern- ment and much more satisfied of the benevolent intentions of the Amer- ican authorities. Under orders which have now been issued by the War Department, the American troops will be reduced to a force of eighteen thousand men as soon as the Government transports can comply with the orders. There has been a general tendency among the military ofiicers to re- gard civil government as a failure, and this view has been reflected by those correspondents who have been with the army and have im- [79] CIVIL GOVERNMENT IN THE PHILIPPINES bibed tbe opinion of tbe army messes and tbe Army and Navy Club in Manila; but a better ac- quaintance witb tbe actual govern- ments sbows tbese criticisms to be unfounded. Tbe civil provincial governments and tbe municipal gov- ernments are going concerns, baving defects in tbeir operation it is true, but nevertbeless furnisbing to tbe people wbo are subject to tbeir re- spective jurisdictions a protection to life, liberty, and property, an op- portunity to obtain justice tbrougb tbe courts, education for tbeir cbil- dren in tbe scbools, and tbe rigbt to pursue tbeir usual vocations. Tbe suggestion tbat in tbe so-called pacified provinces insurrection is [80] THE PEOPLE AND THE CIVIL GOVEENMENT still seething is wholly unfounded. The people are engaged in their or- dinary occupations, and while they have been much injured by the loss of their cattle through the rinder- pest, they are struggling with this difficulty and are raising rice in suf- ficient quantities to avoid a famine. An examination of the annual re- ports of the governors of the dif- ferent provinces contained in the printed evidence before the Senate Committee will support this state- ment. Taxes are being collected in the provinces, the processes of the court run without obstruction, and the February elections of gov- ernors were held without disturb- ance, and, on the whole, satisfac- [81] CIVIL GOVEENMENT IN THE PHILIPPINES tory candidates were selected. The Christian FiHpino people are now enjoying greater individual liberty and a greater voice in their gov- ernment than ever before in their history, and with the official dec- laration of peace now near at hand, both will be increased. Much has been said in the heat of debate and of partisan journalism concerning the feeling of hatred of the Filipinos toward the Americans. So far as the civil government is concerned, no such feeling exists. The Com- mission visited forty provinces and districts of the islands in the period between the first of February and the first of September, 1901, and occupied in all about four months [82] THE PEOPLE AND THE ARMY in its trip. The receptions given it by the educated and ignorant people alike, and the enthusiastic welcome which it received, all con- vinced the Commission that the people were friendly to civil gov- ernment and earnestly desired its establishment. They have taken great interest in the civil gov- ernment since, and nothing has occurred to change the deep impres- sion made upon the Commission by the good feeling manifested and ex- pressions of gratitude received on this trip. The feeling of the people toward the army is different. In some places it is friendly and in others [83] CIVIL GOVERNMENT IN THE PHILIPPINES it is hostile, and it is found chiefly to vary with the disposition of the commanding officer of the post in the neighborhood. If he be abrupt, arbitrary, and surly in his treat- ment of the people, they do not like him. If he is interested in their welfare, is kindly and polite in deal- ing with them, they do like him. Toward the civil government, how- ever, which has always followed the policy of ''attraction," as it is called in the islands, in dealing with the people, their attitude is an entirely friendly one. It is quite natural that it should be. It was through the coming of the Civil Commis- sion that the rigor of military rule was softened and removed. It is [84] CONGRESSIONAL ACTION through frequent intercession of the civil authorities that military pris- oners have heen released, and the people are well aware that in the conflicts of jurisdiction between the civil government and the military government, of which there have heen a number, the civil govern- ment was seeking to save the Fili- pinos from military arrest and prosecution. It is too much to say that the Commission has done all that can be done under its present powers, because doubtless there is much in the way of perfecting the present provincial and municipal govern- ments that could occupy its time [85] CIVIL GOVERNMENT IN THE PHILIPPINES and attention profitably ; but it is true that the time has now come when improvement in present con- ditions can be best brought about by the passage of a bill by Congress for the government of the Philip- pine Islands/ There are two bills pending — one in the Senate and one in the House. Both bills em- body the wise policy of not disturb- ing the present system of govern- ment, which has proved satisfactory. The principle has been followed, so 1 Since this was written, Congress has passed, and the President has signed, a Philippine Act which agrees in many points with the suggestions here made by Governor Taft, but differs in some par- ticulars. A popular legislative assembly is to be organized two years after a census provided for by the act is taken ; the only restriction on the suffrage in the election of members is that the [86] CONGRESSIONAL ACTION well established in Anglo-Saxon government-building, of taking what is in existence and improving and adding to it. The Senate bill differs from the House bill, how- ever, in several material respects. The House bill provides that after peace shall be declared, and after a census shall have been taken, the Commission shall call a general elec- tion for the selection of representa- tives to form a popular assembly, which shall constitute one branch voters must be either property-owners or able to speak Spanish or English. The matter of coinage is left untouched by the act, so that the present laws continue in force. The act provides for grants of public lands to corporations, but not over twenty-five hundred acres can be granted to one corporation, and there are other restric- tions upon the grants. — The Publishers. [87] CIVIL GOVERNMENT IN THE PHILIPPINES of tlie legislature of the islands, the Commission to constitute the other hranch. The House bill further provides for the selection by the pop- ular assembly and the Commission of two delegates who shall represent their constituents before the execu- tive and legislative branches of the Government at Washington. The House bill provides for the estab- lishment of a gold standard of value in the islands, to wit, the American gold dollar. It further provides for the coinage of a Filipino peso to contain silver of value in gold of about forty cents or less, and a use- ful and proper subsidiary coinage. This coinage is to be limited to the government only, and the seignior- [88] CONGRESSIONAL ACTION age is reserved as a fund to main- tain the parity of the peso with fifty cents gold. Other means are pro- vided in the act by which the Phil- ippine Government is authorized to maintain the parity. It is hoped by the Commission that recom- mended this plan, and by the Com- mittee of the House, that it will prevent the fluctuations of value due to the use of Mexican currency, and will at the same time furnish a coinage so near to the present coinage as not to create a disturb- ance in values or in wages. The Senate bill does not provide for a legislative assembly or the appoint- ment of the two delegates, nor does it make provision for a gold stan- [89] CIVIL GOVERNMENT IN THE PHILIPPINES dard. In place of these it directs the taking of a census after peace shall be declared, and the recom- mendation by the Commission of the form of government to be per- manently established. It provides also for the free coinage of a Filipino dollar of the size and weight of the Mexican dollar, which it is hoped will become a well-known coin in the commerce of the Bast. We of the Commission are very earnest and sincere in our hope that at least the provision for the elec- tion of the legislative assembly and of the two delegates contained in the House bill shall be embodied in legislation. We think that the [90] FILIPINO REPRESENTATION Filipino people would accept this provision as the most indubitable evidence of the desire of the United States that self-government should be given to the people in as large a measure as they are capable of car- rying it on. Danger from obstruc- tion of the government by with- holding supplies is avoided in a section of the House bill by a pro- vision that, should the appropria- tion bill not be passed, appropria- tions equal to those of the year before shall become available with- out legislation. There are members of the Senate Committee on the Philippines who believe that the step involved in the organization of a legislative assembly is too pro- [91] CIVIL GOVERNMENT IN THE PHILIPPINES gressive and too radical. In this I think they are mistaken. It is quite possible that on the floor of the legislative assembly will he pro- claimed doctrines at variance with the policy of the United States, and that possibly, by some members, seditious and treasonable speeches may be made ; but, on the whole, I feel sure that the people will re- gard the legislative assembly as a welcome method by which they can take part in the government, and that there will be every disposition on the part of most of the members to work harmoniously with the other branch of the legislative de- partment and with the Executive. It has been suggested that possibly [92] FILIPINO REPRESENTATION the legislative assembly would se- lect Aguinaldo or Mabini or some other prominent insurrecto leader or organizer to represent it at Washington. I do not think this is likely ; but even if it were to happen, I should not regard it as a dangerous result. I think it would be found that the popular assembly would include many conservative men who would be in favor of sup- porting American sovereignty in the islands and making the gov- ernment it has established firm and stable. A provision of this kind would destroy at once the suspi- cions of American good faith, and would largely satisfy the desire for self-government of all but the com- [93] CIVIL GOVERNMENT IN THE PHILIPPINES paratively few irreconcilables. A popular assembly would be a great educational school for the better class of Filipinos in actual govern- ment. The weakness of the edu- cated Filipinos to-day is in their lack of practical knowledge as to how a popular government ought to be run. They always resort to absolutism in practical problems of government. The restrictions upon the suffrage contained in the mu- nicipal code, which are by refer- ence made part of the House bill, would secure a fairly intelligent body of representatives in the popular assembly. The result of the popular assem- bly in the Hawaiian Islands has [94] FILIPINO REPRESENTATION been referred to as a warning against the extension of such privileges in the Philippines ; but it must be noted that the difficulty in the Ha- waiian Islands resulted not so much fi'om the establishment of a popular assembly as fi'om the undue exten- sion of the electoral fi^anchise. In the Philippines the franchise has been restricted and duly guarded. I am not blind to the troubles that the legislative assembly would doubtless bring to the Executive and to the Commission in rousing public discussion over unimportant matters which now perhaps pass without notice ; but I am not at all sure that such public discussion would not, on the whole, work for [95] CIVIL GOVERNMENT IN THE PHILIPPINES the public welfare. The fact that a vote of the Commission would be I necessary to the enactment of any law is quite a sufficient veto for practical purposes. Should the legislative assembly feature, which the Federal party has petitioned for, which the Commission has rec- ommended, and which the Com- mittee of the House has recom- mended, be eliminated, it will cause very serious disappointment to the Filipino people. The agricultural and commercial communities in the Philippines are anxious that the Dingley tariff rates against products of the islands should be reduced. The rates are now reduced in favor of Philippine [96] TAEIFF REDUCTION DESIEABLE importations twenty-five per cent., but the Commission is convinced that the reduction should be sev- enty-five per cent., and that with such a reduction the commerce between the Philippines and the United States will gradually in- crease to a very large volume. I think it is recognized by mem- bers of Congress, both in the Senate and in the House, that this reduction of twenty-five per cent, is only the beginning, and that the tendency must necessarily be toward free trade. We do not seek absolute free trade, because tariffs should be reciprocal, and an ad valorem duty of twenty-five per cent, on imports from the United [97] CIVIL GOVERNMENT IN THE PHILIPPINES States to the Philippines seems necessary to furnish the needed revenues to the islands. We sin- cerely hope that next session will see a further material reduction, and that within a measurably short time at least a seventy-five per cent, reduction will he made. What the Filipino people long for is ex- pressions of good will from the Americans, and nothing would be more welcome than this invitation to come into the American mar- kets. The House bill differs from the Senate bill also in containing a declaration or bill of rights in favor of the Filipino people under the [98] A BILL OF RIGHTS government by the bill established. It secures all the rights declared in the bill of rights and the Con- stitution of the United States, ex- cept the right to bear arms and the right of trial by jury. Any one familiar with Filipino civilization will understand the wisdom of with- holding from the Filipino people the enjoyment of these two privi- leges. If arms could be purchased without restriction, ladronism in the islands would be widely ex- tended, and the maintenance of law and order most difficult. The bear- ing of arms may not be safely en- joyed by the Filipino people until the great mass of them shall have acquired more self-restraint than [99] LoTC. CIVIL GOVERNMENT IN THE PHILIPPINES can now be found among them ; nor can the jury system be safely put in practice now, even among those who are qualified to vote. The Commission has provided for the selection of two assessors of fact to assist the judges in reaching conclusions on issues of fact ; but the great majority of the electorate, even limited as it is, are not now fitted to take part in the adminis- tration of justice and reach conclu- sions free from prejudice and bias or danger of corruption. The House bill further declares that a resident of the Philippine Islands owing al- legiance to the United States shall enjoy the same protection from injury by foreign governments or [ 100] FEANCHISES AND LAND GRANTS in foreign countries as citizens of the United States. It is wise to spread these declarations of rights in favor of the Filipinos upon the face of the statute which gives them a voice in their own govern- ment, and I am sure it will have a good effect in making them under- stand the intention of the Govern- ment of the United States. Both hills empower the legislature of the islands to grant franchises for the building of commercial and street railroads and for the forma- tion of corporations for other pur- poses. Both hills limit the power of acquisition of land by a corpora- tion, foreign or domestic, to five [101 ] CIVIL GOVERNMENT IN THE PHILIPPINES thousand acres. It seems to me that this limitation is too low, and that it ought to be raised to twenty thousand acres, for the reason that, in order to attract capital and to induce agricultural development on the best lines, especially in the pro- duction of sugar and tobacco, the cultivation must be of estates at least as large as fifteen or twenty thousand acres. This is the size of estates in Cuba and in the Sand- wich Islands. There are only five millions of acres held by individuals in the islands, while the public lands probably exceed sixty-five millions of acres in extent. I have no desire to promote such an ex- ploitation of the islands as will [102] FRANCHISES AND LAND GRANTS center ownership of the interests there in a few individuals, but it seems to me that it is most unwise to impose such restrictions as are likely either to prevent the coming of capital at all or to lead to unlaw- ful and fraudulent evasions of the restrictions. The cost of a modern sugar-plant is very heavy, and cap- italists cannot be induced to make the investment unless the extent of the land to be cultivated by them and the probable production are suf- ficient to warrant the necessarily large outlay. The investment of American capital in the islands is necessary to their proper develop- ment, and is necessary to the ma- terial, and therefore the spiritual, [103] CIVIL GOVERNMENT IN THE PHILIPPINES uplifting of the Filipino people. It means the construction of railroads, the needed intercommunication be- tween the people and the provinces, and a change from a comparatively poor and ignorant people to one of comparative intelligence and wealth. The question is frequently asked why it would not be well to prom- ise the Filipino people that, when they are fitted for complete self- government, they shall be granted independence. In the first place, the Federal party, which furnishes the only organized expression of public opinion in the islands, does not ask independence, but seeks rather annexation to the United [104] SHALL WE PROMISE INDEPENDENCE? States and prospective Statehood. In the second place, there is not the slightest prohahility that the Christian Filipinos will he ready for self-government in any period short of two generations. Not ten per cent, of the people speak Span- ish, and the remaining ninety per cent, or more are densely ignorant, superstitious, and subject to impo- sition of all sorts. It is absolutely necessary, in order that the people be taught self-government, that a firm, stable government under American guidance and control, in which the Filipino people shall have a voice, should be established. Nothing but such a government can educate the people into a knowledge [105] CIVIL GOVERNMENT IN THE PHILIPPINES of what self-government is. Not only by precept but by practice must the self-restraints essential to self-government and the discretion and public spirit of a free people be taught them. A promise to give the people independence when they are fitted for it would inevi- tably be accepted by the agitators and generally by the people as a promise to give them independence within the present generation, and would therefore be misleading, and the source of bitter criticism of the American government within a few years after the promise was given and not performed as it was under- stood by the people. A promise of independence thus interpreted [106] SHALL WE PROMISE INDEPENDENCE? would destroy the possibility of the formation of a stable government in which the people should be learn- ing what self-government is, be- cause the conservative element, with the assumed early prospect of com- plete independence, would fear that when the islands were abandoned the violent agitators would come to the front, and those assisting the present government would be sub- jected to the hostility of the dema- gogues on the ground of their pre- vious American sympathies. The only policy, it seems to me, which will insure the establishment of a firm, stable government, and the support of that government by the educated, wealthy, and conservative [ 107 ] CIVIL GOVEENMENT IN THE PHILIPPINES Filipinos, is the declaration of a policy in favor of the indefinite re- tention of the islands under a gov- ernment in which the share taken hy the Filipino people shall he made gradually to increase and the elec- torate of the Filipino people shall he gradually enlarged. After this government shall he successfully established, the question whether the islands shall be annexed or shall be granted independence, or shall have such a relation to this country as Australia or Canada has to England, may be very well post- poned until the practical education of the people in self-government shall have been sufficient to justify the adoption of either of these three [108 ] SHALL WE PROMISE INDEPENDENCE? courses. The policy of establish- ing a firm and stable government in which the Filipino people shall take part will doubtless reveal much as to the wisdom of the one or the other of the courses sug- gested; but it seems to me to be very unwise to bind ourselves and the next generation by an authori- tative declaration now as to what we shall do fifty or a hundred years hence. We cannot now know what subsequent generations of our own people will then deem wise, or what succeeding generations of Filipinos, benefited by experience in self-gov- ernment and advised of the advan- tage of association with the United States, will desire. [109] CIVIL GOVERNMENT IN THE PHILIPPINES The opponents of the Adminis- tration policy in the Philippines do not agree with one another. If I have correctly understood Senator Rawlins, of the minority of the Senate Committee on the Philip- pines, in his questions put me when before the Senate Committee, he believes that the best thing for the Government to do is to turn over the islands to a strong man who shall maintain absolute rule over the people with no popular voice in the government. His view is that in Oriental countries no other than the absolute rule of a strong man is possible. If this be the true view, then hope of securing indi- vidual liberty to the people of the [110] THE ADMINISTEATION'S OPPONENTS Philippines must be abandoned, and the policy of those gentlemen who, like Senator Hoar, entertain the idea that by leaving the islands it will be possible to form a Filipino Republic in which all the rights of individual liberty will be secured to the Filipinos must be given up. President Schurman, after six months' observation of the people, reached the conclusion that they would not be fit for self-government short of a generation or longer. He now has reached the opinion, based on the reports of the present United States Philippine Commission and the observations of General Chaffee in reviewing criminal cases, that he was wrong in his judgment, and [111] CIVIL GOVEENMENT IN THE PHILIPPINES that the Filipino people will be capable of self-government after six or eight years of American tutelage, and this though the gentlemen upon whose statements he relies for his change of view agree with his former conclusion. The theory of President Schurman seems to be that the independence of a govern- ment and the individual liberty of its subjects or citizens are the same thing, or at least that the one is essential to the other. This, it seems to me, involves a radical error. Whether indepen- dence will aid in securing individ- ual liberty depends on the fitness for popular self-government of the people. If they are ignorant and [112] THE ADMINISTRATION'S OPPONENTS easily led, then independence means ultimately absolutism and not lib- erty. The independence under present conditions of the Philippine Islands will mean the subjection and not the liberty of the people. It will mean internecine warfare and will be followed by such an ab- solute government as that which Senator Rawlins seems to think best for them. The minority in the Philippines Committee in the Senate propose a constitutional convention within a year from the passage of the act, the delegates to which are to be selected by the votes of all the adult males of the Archipelago who can read and write. There are the [113] CIVIL GOVEENMENT IN THE PHILIPPINES million and a half Moros in Minda- nao and the Jolo group, and the million or more of the hill tribes- men. Why, under the theories of the minority, should the Moros or hill tribes be subjected to the rule of the Christian Filipinos, whom they dislike, and whose govern- ment they would certainly resist? The Democratic minority of the House Committee, with what seems to me greater judgment, proposes the establishment of a government in which there shall be some Ameri- can supervision and guidance for six or eight years. They expressly recognize the fact that three hun- dred years of Spanish rule have not been calculated to fit the people of [114] THE ADMINISTRATION'S OPPONENTS the Philippine Islands for self- government; but the assumption that six years of a government under American guidance will ac- complish such a result seems to me only less reasonable than the pro- posal of the Democratic minority in the Senate. No account is taken in these plans of the peculiar traits of the Moro population, of the den- sity of ignorance of ninety per cent, of the Christian Filipino population, or of the utterly uncivilized condi- tion of the hill tribes. The diffi- culty that the opponents of the Administration have in finding a common affirmative policy to up- hold is an indication of the correct- ness of the Administration plan, to [115] CIVIL GOVERNMENT IN THE PHILIPPINES wit : that of the estahlishment of a firm and stable government now for the Christian PiHpinos, with as much share in the government as they can safely exercise, without any definite declaration as to what may he done in the far-distant fu- ture ; and separate forms of pater- nal government for the Moros and the other non- Christian tribes. The insurrection in the Philippines is at an end, but the difficulties of civil government are by no means ended. The first difficulty has al- ready been alluded to. It consists in the possible inadequacy of the reve- nues of the islands to meet the expen- ses of much-needed works of reform [116] SALAEIES AND EFFICIENCY and improvement in the Archipel- ago. The expenses of the govern- ment are increased by the neces- sity for the employment of many Americans and for paying them adequate compensation. To secure good work in the Philippines from Americans higher salaries must be paid than in the United States. The grave mistake in the Spanish administration of the Archipelago was in the payment of very low salaries to their officials, who took this as a justification for illegal ex- actions from the people. It is hoped, however, that with the ex- pected increase in business and commerce due to the investment of capital in the islands, revenues may [117] CIVIL GOVERNMENT IN THE PHILIPPINES increase and permit a proper ex- pansion of government agencies in the development of the Archi- pelago. The second difficulty which con- fronts the civil government is to be found in the questions which grow out of the former relation of the Roman Catholic Church to the Spanish government in the islands. Under the Spanish rule the property and political interests of the gov- ernment were so inextricably con- fused with those of the Church that now, when, under the Treaty of Paris, the interests of the Span- ish government have been trans- ferred to the United States, which [ 118 ] _ CHUECH AND STATE by a law of its being cannot continue the partnership between Church and State, it is extremely difficult justly to separate the in- terests of the Church and the State. For instance, there are a number of charitable and educational trusts which, under the Spanish govern- ment, were generally administered by clerical agents. Some of these trusts were probably purely civil trusts, others were probably reli- gious trusts, and an issue of the utmost nicety is presented when decision must be given as to which are civil and which are religious trusts, so that the one may be ad- ministered under the Government of the United States and the other [ 119 ] CIVIL GOVEENMENT IN THE PHILIPPINES by the Roman Catholic Church. Again, under the agreement be- tween the Spanish Crown and the Church, the government furnished compensation for the priests, and also agreed to aid in the construc- tion of churches and so-called con- ventos or priests' rectories. So close was the relation between the Church and the State that it was not thought necessary to obtain a patent from the government to the bishop of the diocese for the public land upon which the church and rectory were built, so that probably a majority of the churches and rec- tories of the island (and there are a church and a rectory in nearly every pueblo in the island) stand [120] CHURCH AND STATE upon what the records show to be public land, and which, as such, passed to the Government of the United States under the Treaty of Paris. In such a case, however, it may very well be urged that while the legal title is in the Gov- ernment, the equitable title is in the Catholics of the parish, and that, in accordance with the canon- ical law, releases should be made by the Government of the United States to the bishop of the diocese for the benefit of the Catholics of the parish. In some pueblos, how- ever, the municipalities claim an interest in the conventos, and indeed in the churches, on the ground that they furnished the labor or mate- [121] CIVIL GOVERNMENT IN THE PHILIPPINES rial with which the churches and rectories were constructed, and in some instances they have attempted to assert an ownership in these buildings. Indeed, it is very hard for the common people to under- stand the principle of the separa- tion of Church and State, and much time of the Civil Governor is taken up in explaining to the municipal authorities that they have no right as such to regulate the conduct of the priests in their churches or the fees which they charge. Again, the conventos or rectories have fur- nished the most convenient houses for occupation by the American sol- diers during the guerrilla warfare, and in some instances, too, churches [122] CHURCH AND STATE have been occupied as barracks. The question naturally arises whe- ther rental is not due from the United States for such occupation of church property, and what the reasonable rental shall be. This question is complicated with an- other, and that is whether the fact that the priests may have aided and abetted the insurgents, and may have had many insurgents among their parishioners, may not disentitle the parishes to a recovery of reasonable rental. If a rental is due, it is important that it should be promptly paid, because the war has, of course, much reduced the source of income for the Church and impaired its usefulness in affording [123] CIVIL GOVERNMENT IN THE PHILIPPINES Opportunities for religious worship to the people. The four orders of friars, the Do- minicans, the Augustinians, the Eeeoletos, and the Franciscans, all of them Spaniards (for natives are not admitted to the orders), were the parish priests among the Chris- tian Filipino people, and these or- ders, except the Franciscans, be- came the owners, through purchase and otherwise, of four hundred thousand acres of agricultural land, two hundred and fifty thousand of which are situated near the city of Manila, and include some of the richest land in the islands. The better lands lie in the populous [124] THE FEIARS AND THEIR LANDS provinces of Oavite, Laguna, Bula- can, old Manila (now Rizal), and Gebu. One hundred and twenty- five thousand acres lie in the prov- ince of Oavite, and it is significant that of the three revolutions against Spain (if that of 1870 can be called a revolution), all began in this prov- ince, showing that the agrarian question of the ownership of these lands by the friars, while it was not the only issue, had much to do with the dissatisfaction which led to the armed resistance to Spanish authority. Civil government has now been completely established in Bulacan, old Manila or Rizal, Oa- vite, and Oebu, and soon will be established in Laguna. The title [125] CIVIL GOVERNMENT IN THE PHILIPPINES of the friars to these lands is, from a legal standpoint, good. Indeed, there is probably no better title in the islands. Since 1896 no rents have been collected, and the former tenants have enjoyed the lands without price, so far as the condi- tions of war permitted. When now the friars shall call upon the ordinary courts of justice, as they have the right to do, either to col- lect the rents from their tenants or to restore them to the possession of their lands, the process of the court and the power of the government must be exerted to enforce the judg- ment which the proof of such facts will require. To an ignorant peo- ple, hostile to the friars, this will [126] THE FRIARS AND THEIR LANDS put the Government of the United States in the attitude of supporting the friars, and of siding with them in the controversy out of which grew the revolution against Spain, and there is every indication that riot and disturbance will follow any effort by the Government to aid the friars in the assertion of their prop- erty rights. It has been thought by the Commission to be the wisest policy, and one just to all interests, for the Government to purchase these lands from the friars, paying them a reasonable price therefor. Both the House and the Senate bills make provision for such pur- chase. A somewhat perplexing compli- [ 127 ] CIVIL GOVERNMENT IN THE PHILIPPINES cation has arisen by the transfer of the title of the lands by the friars to promoting companies or individ- uals for the purpose of their sale or cultivation, but it is understood that the friars have thus far re- tained a controlling interest in each corporation taking the lands, and that they may, if they desire, sell the lands to the Government. Again, under the Spanish rule in the Philippines the friars discharged most important civil functions. Great credit is due to the religious orders for the work which they did in Christianizing the Archipelago and in bringing about the civiliza- tion which to-day exists in the isl- [ 128] THE FRIARS AND THE PEOPLE ands, but in the last Jialf-century the Spanish government, apparently without objection by the friars, im- posed upon them extensive civil duties in connection with municipal and provincial governments, until substantially all the political power exercised in municipal governments became absorbed by the friars. The friar priest in each parish became the chief of police and the chief of detectives in government work. Every man who was punished, es- pecially if he were punished for a political offense, charged it to the agency of the friar, and the depor- tations and executions which went on under Spanish rule were all laid at the door of the religious orders. [129] CIVIL GOVEENMENT IN THE PHILIPPINES To the people of the pueblos the friar was the crown of Spain, and every oppression by the Spanish government was traced by them to the men whose political power had far outgrown that exercised by them as priests. When the revolution came, therefore, deep hostility was manifested by the insurgents against the friars. They had to flee for their lives. Fifty of them were killed and three hundred of them were imprisoned, and during their imprisonment were subjected to the most humiliating indignities and to the greatest suffering. The feeling of the people against the friars was wholly political. The people were generally good Catholics and en- [130] THE FRIARS AND THE PEOPLE joyed and wished for the sacraments of their Church. With a popula- tion such as that of the Christian Filipinos, with ninety per cent, so densely ignorant, speaking eight or ten different languages, it is hardly possible to say that there is any pub- lic opinion such as we understand it ; but to this general remark must be made the exception that there is a universal popular hatred of the four religious orders which have been under discussion. It is entirely aside from the point to question the justice of this feeling. It exists and must be reckoned with by those who are charged with the responsi- bility of carrying on civil govern- ment in the islands. The friars [131] CIVIL GOVERNMENT IN THE PHILIPPINES were driven out of all the parishes in the Archipelago except those of the city of Manila, where the Amer- ican forces have always been. A few of their number have returned to Oebii, to Vigan, and to Tugue- garao in the province of Oagayan, but the great body of them still remain in Manila and are unable to return to the parishes because of the expressed hatred of the peo- ple. If they should attempt to re- turn in any numbers, it is quite likely that the result would be dis- turbance and riot. Such religious worship as is now carried on in the parishes is con- ducted by native priests who were [132] SHALL THE FEIAES EETUEN? in the Spanish times the assistants or deputies of the friars. There are not enough of these priests to supply the needs of all the par- ishes, even if they were entirely satisfactory to the Church ; and the necessity in the interest of the Church of furnishing additional priests is, I think, recognized in the islands. The difficulty which the Church has in finding compe- tent priests that are available for service in the islands must be ad- mitted. Of course it would accord with the views of the Americans if American Catholic priests could be sent to the islands, because their high standard and their knowledge of how a Church may thrive and [ 133 ] CIVIL GOVERNMENT IN THE PHILIPPINES gain strength under a government in which Church and State are en- tirely separate would assist much in establishing the new order of things with the people. But it is said that there is no supply of American Catholic priests which can fill this demand. The question which is presented to the civil government of the isl- ands is whether there is not some means of avoiding the lawlessness and riot which the friars' return to their parishes is certain to involve. Of course the civil government has nothing to do with the ministrations of religion or with the personnel of the agents selected by the Church to conduct its worship, so long as [134] SHALL THE FRIAES RETURN? they are law-abiding and do not preach treasonable doctrine ; but it cannot but give the greatest con- cern to the civil government if a Church shall adopt the policy of sending among the people priests whose very presence is sure to in- volve disturbance of law and order. With a people so ignorant and hav- ing a knowledge only of Spanish methods of government, the return of the friars will necessarily be regarded as due to an affirmative policy on the part of the govern- ment, and the burden of hostility which the friars now bear will ne- cessarily be shared by the govern- ment. If the purchase of the lands of the friars and the adjustment of [ 135 ] CIVIL GOVERNMENT IN THE PHILIPPINES all the other questions arising be- tween the Church and the State should include a withdrawal of the friars from the islands, it would greatly facilitate the harmony be- tween the government and the peo- ple and between the Church and the State. I have stated some of the princi- pal questions arising between the Church and the State for the pur- pose of showing the great advan- tage which will be attained should these differences be settled by amicable adjustment between the Church and the State. In such a matter, were we dealing with a secular corporation, it would seem [ 136] NEGOTIATIONS WITH THE VATICAN a wiser policy and a more American and direct method of doing business to deal with the chief authority in the corporation rather than with some agent having but limited pow- ers. The Administration has con- cluded that the advantage of the direct method and the possibility of settling the differences amicably with the Church by such a method warrant it in running the risk of the unjust criticism that such ne- gotiation involves the establishment of diplomatic relations with the Vatican, and a departure from the traditions of our Government in this regard. Instead of being a depar- ture from such traditions, such a negotiation seems to be an indis- [137] CIVIL GOVEENMENT IN THE PHILIPPINES pensable condition precedent to the proper separation of the interests of Church and State in the Philip- pines. The unusual circumstance of a transfer of sovereignty from a government whose interests were almost indissolubly united to the Church, to a government whose in- terests must be kept separate from the Church, is what makes the pro- posed negotiation necessary. It is true that some of the questions might be settled by litigation, but a judicial settlement of them will involve long delay, consequent irri- tation, and possible charges of par- tiality against the courts which are finally called upon to decide the controversies. Is it not wiser, if [138] NEGOTIATIONS WITH THE VATICAN it be possible, to settle all the ques- tions by a friendly arrangement, and thus assist both the State and the Church in the pursuit of their proper aims for the benefit and up- lifting of the Filipino people ? It is possible that the views of the Administration and the views of the Church authorities may be so widely different as to the proper course to pursue that other methods of settle- ment must be found, but it is hoped that the great common interest which the Church and the State have in reaching a settlement will lead to such concessions on each side as will make it possible. The wise and enlightened statesmanship which has characterized the long [ 139] CIVIL GOVERNMENT IN THE PHILIPPINES / ^0 and prosperous pontificate of Leo XIII. furnishes just ground for this hope. A difficulty which may possibly confront the Philippine Government is the success of the Democratic party in the next Congressional elections. This will he taken in the Philippines as an indication that at the end of the present Administration the policy of the United States will he changed and the islands will be abandoned by j^.the United States and turned over •; 'to a government to be established by the people of the islands through the calling of a constitutional con- vention. The prospect of such a [ 140 ] POLITICAL ASPECTS change will have a tendency to paralyze the energy of the conserva- tive element of the Filipino people who are now assisting us in the maintenance of a civil government in the islands, and all will be sus- pense and agitation. This diffi- culty, however, is inherent in the government of dependent posses- sions by a Republic like our own whenever the chief political issue between the parties is the policy to be pursued with respect to such de- pendencies. I venture to think, however, that should the Republi- can party be successful in the Con- gressional elections next following and in the next National election, sufficient progress will be made in [141] CIVIL GOVERNMENT IN THE PHILIPPINES the solution of the problem of the Philippine Government to insure the removal of the main issue from prac- tical politics thereafter. [142 J H 383 85 'V'S* °> i°'*. :^ - . . s - "^ ^.^^Ifefe" "^ 4^ Treatment Date: April 2003 i '"^^^^^ '^•^'^ i^^^k'''- '^"'*' '' PreservationTechnoiogiej "' ^^iffl^^ ° C^ '^ ° W//^^\V^ * A "^ "^ A WORLD LEADER IN PAPER PRESERVATIO ' ^^^/SW5i^ * "^ *?*• "* ^/i^ ' '' '' ^ Thomson Park Drive '»r«^^^'» AX <#<• '^^^rt* A ^ " CranberoTTownship, PA 16065 X *'T.O* &^ O 'o.K* A tf ..• (724, 770^2111 - ^ •% , xijvyjT Ajxuo \jr X xixu jrraiuj.ir jr±iN XL/O because their minds worked identically, and auto- matically produced the same reaction, but because both were subjected to common historical influences — both of them subjected, although at far-removed times and places, to the same movement of civilization. With two or three instances of such common origin estab- lished, it is certain that there must have been a strong tendency for many other elements of culture to be transmitted, and little doubt that time and again the tendency became realized. From this broader point of view, then, Filipino civili- zation, in fact all East Indian civilization, is far from being an entity in itself. It constitutes only one phase of the infinitely more ancient and complex civilization that has for ages prevailed from Europe to the middle of the Pacific Ocean, and which can be fully understood only as an interrelated composite. The underlying problem of Philippine culture is not what is distinctly native about it or how it came to be so, but what is Chinese and Indian, Polynesian and Arab and Greek and Roman in it; just as the cultures of all these groups cannot be fully comprehended as detached units, but if insight is desired, must be looked upon as mere frag- ments of a vast whole that immeasurably transcends any one of them. Mythology. Filipino myths and tales are a strange composite of Indian and primitive Malaysian constitu- ents. The Javanese and peninsular Malay have taken over Hindu epics and romances. The Filipino has not; but the ultimate Indian origin of much of the content of his traditions is undeniable. The permeating influence of the greater civilization long ago reached him, but not with its full brunt. It evidently filtered through in bits and at second or third hand. Before the more luxuriant products of Hindu imagination, native invention gave g;gjjgsggfe^-SMiM^ KEL,iG10N iyd way at point after point. Yet the continuity of native life as a whole being undisturbed by any great shock, the lower civilization of the islands remained the recipient organism, as it were, which received and assimilated and worked over the more exalted literary plots and religious concepts that came into it piece- meal. Heroic Romances, The PhiUppine nationality whose mythology is best known is the Tinggian, a people never wholly out of contact with the coast and yet maintaining their ancient paganism to the present. The longest and finest of their tales can only be de- scribed as romances of battle, love, magic, hidden births, intrigue, and other adventure cast in the heroic mould. The actors are Aponi-tolau, the great warrior, and Aponi-bolinayen, whom he marries; his sister Aponi- gawani and Aponi-bolinayen' s brother, Aponi-balagan, between whom a second love story is spun ; their parents and sons; and innumerable monsters, mythical beings, and enemies. The chief personages appear under a great variety of names, but are always identified as the same. Each narrator recounts his tale differently, so that the stories frequently overlap in incidents, and yet possess a total variety sufficient to have made possible their combination into a great coherent cycle. This unification into one great epic the Tinggian however never accomplished. This failure would be enough, even if other indications were lacking, to suggest that he had never come into direct contact with the Hindu; since the latter at an ancient time developed the faculty of combining vast numbers of episodes into a long plot. On the other hand, the primary motives of these Tinggian romances are love and fighting, and suggest very strongly that these tales are not the uninfluenced product of a naively primitive culture ; since really un- |Br^ ;}K:i;;!:viiH!;;;:P:;:~-h