The Encomiendoros and the Alcaldes.In the early days of the colony there were, besides the Governor-General, the sub-governors, known as Encomiendoros, who rented their provinces at so much per annum, called Encomiendas, from the General Government. These Encomiendoros were usually men of wealth, that entered into politics as a speculation. More properly, I should say, as a peculation; for it became their policy to fleece the natives and to extort as much money as possible during the term of their incumbency. Few, indeed, left the scene of their civil brigandage without full coffers; and as enormous fortunes were to be made during a few years sojourn in the islands, no wonder that this office was eagerly sought after in Spain. This imitation of the methods of the Roman tax-payers, however, became so demoralizing to the morale of the Spaniards themselves, and so ruinous to the colony and to the natives, that a more equitable policy was introduced. The Encomiendoros were succeeded by Judicial Governors, called Alcaldes, to whom was paid a small salary, from $300 upward a year, according to the prominence of the province. This office, however, proved almost equally remunerative to the holders; for, by means of a Government license to trade, To recount what these were; to mention in detail what malignant opposition was manifested by a large body of natives and resident Spaniards toward the purposed overthrow of the old system, would be only to reiterate well-known characteristics and abnormalities of the Spanish nature; placed, too, in but a slightly different setting. I will merely add that these Alcaldes, these perpetrators and beneficiaries of wholesale misrule and dishonor, yielded finally to the reform-wave, and, accordingly, fell away before their own judicial perversion. And the new system, it must be confessed, is a great improvement upon the old. But the evil wrought upon the Filipino mind and character was deep-planted. For, by the despotic and summary disposing of his labor and chattels, in the name of the King,—abetted frequently, too, by seemingly supernatural means,—respect for the Spaniard and the white man in general had fled, fear and distrust supplanting it. A Street Scene in Albay. A Street Scene in Albay. In the new order of things,—instituted by a decree from the Queen-Regent Maria Cristina, the 26th of February, 1886,—18 Civil Governorships were created, and the Alcaldes’ functions were So, too, under this law of 1886 each Civil Governor has a Secretary, who serves as a check upon his chief, if he be illegally inclined. Accordingly, two new official safeguards were thus erected in the fabric of Colonial Administration in these 18 different provinces. The Present Division and Administration.The colony was then divided into 19 civil provinces, including Sulu, and into 3 grand military divisions. As before, at the head was the Governor-General,—the supervising and executive officer of the province,—directly responsible to Spain. His salary is $40,000 a year. He is assisted by an Executive Cabinet and by an Administrative Council. The Provincial Governor, the successor to the Alcalde, must be a Spaniard, and at least 30 years old. He is the direct representative of the Governor-General and it is his duty to execute his decrees and to maintain order. He also has the power of appointment and removal, presides over provincial elections, controls the civil and local guard, interprets the laws,—usually to suit his own profit or convenience,—supervises the balloting for military conscription, can assess fines to the amount of $50, or imprison for 30 days, is Superintendent of Public Instruction, issues licenses and collects taxes. It is his duty also to furnish statistics and to control the Postal and Telegraph service. He is the Superintendent of health, prisons, charities, agriculture, forestry, and of manufactures. It will thus be seen that his duties are as diverse as they are important. He is now allowed no percentage, nor other emolument than his salary. At the same time, a shrewd Governor is yet able to reap a golden harvest. This, however, can be done only in conjunction with other Government officers. Owing to the extreme shortness of his term of office—three years only—there is no incentive for the improvement of his province, as his successors would reap the results as well as the credit of his industry. Besides, he has no reason to hope that a good work begun will be a good work continued; for Children of a Gobernadorcillo. Children of a Gobernadorcillo. Most of the Governors live in good style; as a rule they spend about two hours a day in Government employ. Is it to be wondered at, then, that this office is so eagerly sought after in Spain? There are about 750 towns in the colony; each governed by a Gobernadorcillo, “Little Governor,” called Capitan; usually a native or half-caste. This office is elected every two years, and is to the Provincial Governor what the latter is to the Governor-General. He is the tax-collector of his district, and is, furthermore, responsible for the amount apportioned to his district. If he fails to collect this, he must make the deficit good out of his own pocket. Under him are a number of deputies, called Cabezas, each likewise responsible for another division of the population called a Barangay,—a collection of forty or fifty families. If the individuals of this group are unable to pay, the property is distrained and sold by the deputy, who would otherwise have to make good the amount himself. If the proceeds of the sale fail to equal the indebtedness of the delinquent, he is cast into prison. I have often seen respectable men deported to the penal settlements; and for no other offense than inability to pay the oppressive tax laid upon their shoulders, regardless of the season,—whether productive or not. Their families, meanwhile, left without a head, were thrown into the most woeful destitution. The Gobernadorcillo gets the munificent salary of $200 a year, though his expenses, for clerk-hire, for presents to his chief, and for entertainments in his honor, are often many times greater. A shrewd Gobernadorcillo, however, manages to make something out of the place, which, in some districts, is eagerly sought after by rich planters. The official dress of this worthy is a short black jacket, the tail worn over the trousers. He also carries a stick as a sign of authority. To him is entrusted the apprehension of criminals, and he has command of the local guards, or cuadrilleros, the police of the towns. The Taxes and What Became of Them.It can easily be guessed that the taxes are not inconsiderable, when I simply mention a few things that are assessed: There is a tax on the ownership and sale of live-stock and vehicles, on realty, and on all private industries and manufactures. Opium, liquors, stamps, tobacco, and lotteries yield an immense revenue. Then there is a Community-fund, which is usually several hundred thousand dollars a year in each province, and is supposed to be spent in the interest of the community. The Chinese Capitation tax also brings in a large amount. But the most common and onerous tax of all is that arising from the Government sale of CÉdulas, or documents of identity, which is a poll-tax from $25 down. The individual paying less than $3.50 is subject to 15 days’ hard labor each year and to a fine of 50 cents for each day that he shall fail to work. Those whose cÉdulas have cost more than $3.50 must also pay a municipal tax of $1.50. The cÉdula is also used as a passport, and must be brought into court to render legal instruments effective. Along the Escolta; Principal Business Street in New Manila. Along the Escolta; Principal Business Street in New Manila. From this brief and imperfect survey of the system of provincial taxation, it can easily be gathered that the revenues are considerable; and yet, of the hundreds of thousands of dollars extorted from the natives in each province, under the plausible Did any government ever foster a more imbecile and iniquitous policy for its own damnation? Although the speculations in the colony are not so enormous as formerly, yet there is no doubt that they still amount to several millions annually; mostly, however, at the seat of Government in Manila. It is indeed notorious that General Weyler, during his brief incumbency of the office, succeeded in placing several millions of dollars to his credit—I should have said to his dishonor! Dilatory and Abortive Courts.Perhaps no feature of Colonial life is fraught with more evil and is so disgusting, as the process of the courts. The Supreme Court of the early years of the colony was modeled after the one in Majorca, and on several occasions when the Governorship has been left vacant, it has assumed the functions of the executive—pro-tem. There are two Supreme Law Courts in the colony: one in Manila; the other in CebÚ. The President of the one in Manila has a salary of $7,000 a year; that of CebÚ, $6,000. There are also 41 Superior Courts, of various degrees of importance, the salary of the judges ranging from $2,000 to $4,000 per annum. The department of Justice alone costs the colony about $350,000 a year. The dilatoriness of the courts has become proverbial. It is, in fact, years before a case can be brought to a close. Meantime, the litigant has been fleeced out of an amount perhaps a hundred times the value of the article under litigation. The islands are full of native pettifoggers from the law schools of Manila, who have learned too well the meaning of the Spanish maÑana. A suit can never be considered as disposed of; for another judge, scenting the faint possibility of a fee, may again have it retried. Thus I have seen the lives of acquitted persons again brought into jeopardy by the meddlesome officiousness and the grasping greed of a new judge. He that goes to court in the Philippines must not do so without reckoning the cost. A Business Street in Old Manila. A Business Street in Old Manila. Commenting on this, a recent English traveler says: “Availing one self of the dilatoriness of the Spanish law, it is possible for a man to occupy a house, pay no rent, and refuse to quit on legal grounds during a couple of years or more.” A person who A New Yorker’s Experience.The following experience of an American friend of mine, whom I knew very well in Manila, will bring out in a graphic way the course of justice in the Philippines. Nor is his experience uncommon. It is, in fact, the usual one of the stranger or the native who goes to the fountain of Justice for the redress of a grievance. I quote part of his letter written to a common friend: In 1871 I joined Mr. William Morton Clark of Philadelphia, who had a large timber business on the island of Luzon, and started cutting some timber contracted for by the Chinese government. I soon discovered that I was interfering with the business of a certain priest, who was also in the same line of business. Shortly before this, this priest and an inspector of roads had loaded the Spanish bark Santa Lucia for Hong-Kong, and had made things so disagreeable for others who had tried to ship merchandise that foreigners were becoming afraid to risk their capital. Mr. Clark finding how things were going on soon abandoned the enterprise, and I then determined to fight the thing out on my own account. At this time I had 25,000 cubic feet of hard timber, cut and squared, for a foreign market, eighty-two buffaloes for hauling, and a plant of machinery and appliances valued at $7,000. I had a license for carrying on my business, duly granted by the superior government, and in 1874 chartered a vessel at Manila to carry my timber to Hong-Kong, and then went to the port of Love, where my timber was, taking with me $940 in gold to prepare for the vessel’s arrival and to continue cutting. Upon arriving at Love I found that during my absence at Manila a portion of my timber had been forcibly taken possession of and had been shipped on board the Spanish bark Teresa by Joaquin Barcello, the captain of the Teresa, who was then on his way to Hong-Kong. I also learned that my buffaloes, stock and rice had been removed, and that Juan Gaal, my foreman, whom I had left in charge of my property, was all subject to the orders of this Barcello, and that my choppers had been bribed into the service of Padre Fidel Moreno, the priest of the town. When I complained of this I was confronted with a document signed by the Adelantado of Love, to the effect that no notice should be taken of my complaints, to give no testimony in my behalf (thereby shutting me out of my legal rights), and that my foreman, Juan Gaal, should look after the interests of Captain Barcello until the captain’s return from China. I then applied to the Governor, protesting against the robbery of my timber and the appropriation of my property by Captain Barcello and Juan Gaal, but was merely told that the commandante had so ordered and that there would be no interference. Seeing there was no justice to be had at home, I sought to regain my rights at Manila and so left the next morning for Manila on the bark Industria, taking with me all my private papers, contracts, &c. That night we encountered a terrible typhoon in which the vessel was wrecked, and all that I was able to save was the clothes I then wore. Upon my arrival at Manila I put in a complaint against Captain Barcello, and also against Padre Moreno and the commandante of the district, as accomplices in the above fraud and robbery. The case dragged along, as is customary in Spanish countries, and about a year later my funds were all exhausted. At this time a Spanish friend at Manila, acquainted with my misfortunes, took me to his home and lent me some money, shortly afterwards sailing for Europe. With this money I returned to Love, expecting to find at least a portion of my timber left which I intended to ship. Upon arriving at Love I found that Captain Barcello had been there before me and had seized and shipped everything but a few worm-eaten logs. Barcello had even hauled the timber I had cut in the mountains, and aided by his accomplices had cleaned me out entirely during my absence. In the Lumber District. In the Lumber District. I saw it was no use to complain further, and so I set to work to cut some more timber, and after much trouble and expense got two cargoes ready and left for Manila, intending to go from there to Hong-Kong to sell what I had last cut. Learning that Barcello was in Manila and was about to leave This didn’t benefit me much, as the Alcalde wouldn’t grant my request, and although a case of robbery and fraud was pending against him, Barcello was allowed to leave without hindrance. I then applied for my passport, but to my surprise this was refused me, on the ground that my suit should first be decided. I then returned to Love, having authorized Charles Germain to charter for me, and in due time I had despatched three cargoes to Hong-Kong, but finding that my presence in Hong-Kong would be absolutely necessary for the success of my business I applied a second time for my passport, and was again refused. Thinking that if I offered security I would be allowed to leave the town, I named a friend who was willing to go on my bond, but the Alcalde shut me off from this chance by sending his clerk to my friend’s house, and succeeded in so frightening him that my friend withdrew his name as my bondsman. I know that this act was done deliberately, as at this time, and during the whole of my suit, the Alcalde was on the most intimate terms with Captain Barcello. My next step was to protest against SeÑor Torranco trying or hearing my case, as I showed conclusively that he was hand and glove with Barcello. This had the desired effect, and the case was transferred to another Alcalde. Torranco had, however, served his friend well: he had stopped my passport at a vital point in my business on a frivolous pretext. I was a foreigner, and that was enough, and not being able to obtain permission to leave the country, all my efforts being frustrated by those in power, although I was the aggrieved and injured party, I was held a captive in Manila, my business, meantime, going to ruin abroad. This state of affairs continued for months, with no signs of any beneficial change in my circumstances, and so I finally brought the matter officially before the American Consul, who wrote to the Captain-General, stating my case in full, and advised me to From that day to this I have been sustained by my friends. My means were exhausted, and I was compelled to leave the hotel a beggar on the streets, with my resources all gone and heavy debts pressing upon me. Mr. Collins was never able to get justice, though he tried frequently. His experience is no uncommon one. The establishment of a pure judiciary and the purification of the courts should be one of the first reforms undertaken by the Americans. Ornament. |