“Department of State,
“Washington, January 21, 1899.

“My Dear Sir: I inclose herewith a copy of the instructions which the President has drawn up for the guidance of yourself and your associates as commissioners to the Philippines.

“I am, with great respect, sincerely yours,

“John Hay.”

“Honourable Jacob G. Schurman,
“The Arlington.”

“Executive Mansion, “Washington, January 20, 1899.

“The Secretary of State:

“My communication to the Secretary of War, dated December 21, 1898, declares the necessity of extending the actual occupation and administration of the city, harbour, and bay of Manila to the whole of the territory which by the treaty of Paris, signed on December 10, 1898, passed from the sovereignty of Spain to the sovereignty of the United States, and the consequent establishment of military government throughout the entire group of the Philippine Islands. While the treaty has not yet been ratified, it is believed that it will be by the time of the arrival at Manila of the commissioners named below. In order to facilitate the most humane, pacific, and effective extension of authority throughout these islands, and to secure, with the least possible delay, the benefits of a wise and generous protection of life and property to the inhabitants, I have named Jacob G. Schurman, Rear-Admiral George Dewey, Major-General Elwell S. Otis, Charles Denby, and Dean C. Worcester to constitute a commission to aid in the accomplishment of these results.

“In the performance of this duty, the commissioners are enjoined to meet at the earliest possible day in the city of Manila and to announce, by a public proclamation, their presence and the mission intrusted to them, carefully setting forth that, while the military government already proclaimed is to be maintained and continued so long as necessity may require, efforts will be made to alleviate the burden of taxation, to establish industrial and commercial prosperity, and to provide for the safety of persons and of property by such means as may be found conducive to these ends.

“The commissioners will endeavour, without interference with the military authorities of the United States now in control of the Philippines, to ascertain what amelioration in the condition of the inhabitants and what improvements in public order may be practicable, and for this purpose they will study attentively the existing social and political state of the various populations, particularly as regards the forms of local government, the administration of justice, the collection of customs and other taxes, the means of transportation, and the need of public improvements. They will report through the Department of State, according to the forms customary or hereafter prescribed for transmitting and preserving such communications, the results of their observations and reflections, and will recommend such executive action as may from time to time seem to them wise and useful.

“The commissioners are hereby authorized to confer authoritatively with any persons resident in the islands from whom they may believe themselves able to derive information or suggestions valuable for the purposes of their commission, or whom they may choose to employ as agents, as may be necessary for this purpose.

“The temporary government of the islands is intrusted to the military authorities, as already provided for by my instructions to the Secretary of War of December 21, 1898, and will continue until Congress shall determine otherwise. The commission may render valuable services by examining with special care the legislative needs of the various groups of inhabitants, and by reporting, with recommendations, the measures which should be instituted for the maintenance of order, peace, and public welfare, either as temporary steps to be taken immediately for the perfection of present administration, or as suggestions for future legislation.

“In so far as immediate personal changes in the civil administration may seem to be advisable, the commissioners are empowered to recommend suitable persons for appointment to these offices from among the inhabitants of the islands who have previously acknowledged their allegiance to this Government.

“It is my desire that in all their relations with the inhabitants of the islands the commissioners exercise due respect for all the ideals, customs, and institutions of the tribes which compose the population, emphasizing upon all occasions the just and beneficent intentions of the Government of the United States. It is also my wish and expectation that the commissioners may be received in a manner due to the honoured and authorized representatives of the American Republic, duly commissioned on account of their knowledge, skill, and integrity as bearers of the good will, the protection, and the richest blessings of a liberating rather than a conquering nation.

“William McKinley.”

To the people of the Philippine Islands:

The treaty of peace between the United States and Spain, ratified several weeks ago by the former, having on March 20 been ratified by the latter, the cession to the United States, as stipulated by the treaty, of the sovereignty which Spain possessed and exercised over the Philippine Islands has now, in accordance with the laws of nations, received a complete and indefeasible consummation.

In order that the high responsibilities and obligations with which the United States has thus become definitively charged may be fulfilled in a way calculated to promote the best interests of the inhabitants of the Philippine Islands, his Excellency the President of the United States has appointed the undersigned a civil commission on Philippine affairs, clothing them with all the powers necessary for the exercise of that office.

The commission desire to assure the people of the Philippine Islands of the cordial good will and fraternal feeling which is entertained for them by his Excellency the President of the United States and by the American people. The aim and object of the American Government, apart from the fulfilment of the solemn obligations it has assumed toward the family of nations by the acceptance of sovereignty over the Philippine Islands, is the well being, the prosperity, and the happiness of the Philippine people and their elevation and advancement to a position among the most civilized peoples of the world.

His Excellency the President of the United States believes that this felicity and perfection of the Philippine people is to be brought about by the assurance of peace and order; by the guaranty of civil and religious liberty; by the establishment of justice; by the cultivation of letters, science and the liberal and practical arts; by the enlargement of intercourse with foreign nations; by the expansion of industrial pursuits, trade and commerce; by the multiplication and improvement of the means of internal communication; by the development, with the aid of modern mechanical inventions, of the great natural resources of the archipelago; and, in a word, by the uninterrupted devotion of the people to the pursuit of those useful objects and the realization of those noble ideals which constitute the higher civilization of mankind.

Unfortunately, the pure aims and purposes of the American Government and people have been misinterpreted to some of the inhabitants of certain of the islands. As a consequence, the friendly American forces have, without provocation or cause, been openly attacked.

And why these hostilities? What do the best Filipinos desire? Can it be more than the United States is ready to give? They are patriots and want liberty, it is said. The commission emphatically asserts that the United States is not only willing, but anxious, to establish in the Philippine Islands an enlightened system of government under which the Philippine people may enjoy the largest measure of home rule and the amplest liberty consonant with the supreme ends of government and compatible with those obligations which the United States has assumed toward the civilized nations of the world.

The United States striving earnestly for the welfare and advancement of the inhabitants of the Philippine Islands, there can be no real conflict between American sovereignty and the rights and liberties of the Philippine people. For, just as the United States stands ready to furnish armies, navies and all the infinite resources of a great and powerful nation to maintain and support its rightful supremacy over the Philippine Islands, so it is even more solicitous to spread peace and happiness among the Philippine people; to guarantee them a rightful freedom; to protect them in their just privileges and immunities; to accustom them to free self-government in an ever-increasing measure; and to encourage them in those democratic aspirations, sentiments and ideals which are the promise and potency of a fruitful national development.

It is the expectation of the commission to visit the Philippine peoples in their respective provinces, both for the purpose of cultivating a more intimate mutual acquaintance and also with a view to ascertaining from enlightened native opinion what form or forms of government seem best adapted to the Philippine peoples, most apt to conduce to their highest welfare, and most conformable to their customs, traditions, sentiments and cherished ideals. Both in the establishment and maintenance of government in the Philippine Islands it will be the policy of the United States to consult the views and wishes, and to secure the advice, coÖperation and aid, of the Philippine people themselves.

In the meantime the attention of the Philippine people is invited to certain regulative principles by which the United States will be guided in its relations with them. The following are deemed of cardinal importance:—

Such is the spirit in which the United States comes to the people of the Philippine Islands. His Excellency, the President, has instructed the commission to make it publicly known. And in obeying this behest the commission desire to join with his Excellency, the President, in expressing their own good will toward the Philippine people, and to extend to their leading and representative men a cordial invitation to meet them for personal acquaintance and for the exchange of views and opinions.

Manila, April 4, 1899.

Jacob Gould Schurman,
President of Commission.

George Dewey,
Admiral U. S. N.

Elwell S. Otis,
Major-General U. S. Volunteers.

Charles Denby.

Dean C. Worcester.

John R. MacArthur,
Secretary of Commission.

War Department,
Washington, April 7, 1900.

Sir: I transmit to you herewith the instructions of the President for the guidance of yourself and your associates as commissioners to the Philippine Islands.

Very respectfully,

Elihu Root,
Secretary of War.

Hon. William H. Taft,

President Board of Commissioners to the Philippine Islands

Executive Mansion, April 7, 1900.

The Secretary of War,
Washington.

Sir: In the message transmitted to the Congress on the 5th of December, 1899, I said, speaking of the Philippine Islands: “As long as the insurrection continues the military arm must necessarily be supreme. But there is no reason why steps should not be taken from time to time to inaugurate governments essentially popular in their form as fast as territory is held and controlled by our troops. To this end I am considering the advisability of the return of the commission, or such of the members thereof as can be secured, to aid the existing authorities and facilitate this work throughout the islands.”

To give effect to the intention thus expressed I have appointed Hon. William H. Taft, of Ohio; Prof. Dean C. Worcester, of Michigan; Hon. Luke E. Wright, of Tennessee; Hon. Henry C. Ide, of Vermont, and Prof. Bernard Moses, of California, commissioners to the Philippine Islands to continue and perfect the work of organizing and establishing civil government already commenced by the military authorities, subject in all respects to any laws which Congress may hereafter enact.

The commissioners named will meet and act as a board, and the Hon. William H. Taft is designated as president of the board. It is probable that the transfer of authority from military commanders to civil officers will be gradual and will occupy a considerable period. Its successful accomplishment and the maintenance of peace and order in the meantime will require the most perfect coÖperation between the civil and military authorities in the island, and both should be directed during the transition period by the same Executive Department. The commission will therefore report to the secretary of war, and all their action will be subject to your approval and control.

You will instruct the commission to proceed to the city of Manila, where they will make their principal office, and to communicate with the military governor of the Philippine Islands, whom you will at the same time direct to render to them every assistance within his power in the performance of their duties. Without hampering them by too specific instructions, they should in general be enjoined, after making themselves familiar with the conditions and needs of the country, to devote their attention in the first instance to the establishment of municipal governments, in which the natives of the islands, both in the cities and in the rural communities, shall be afforded the opportunity to manage their own local affairs to the fullest extent of which they are capable, and subject to the least degree of supervision and control which a careful study of their capacities and observation of the workings of native control show to be consistent with the maintenance of law, order and loyalty.

The next subject in order of importance should be the organization of government in the larger administrative divisions corresponding to counties, departments or provinces, in which the common interests of many or several municipalities falling within the same tribal lines, or the same natural geographical limits, may best be subserved by a common administration. Whenever the commission is of the opinion that the condition of affairs in the islands is such that the central administration may safely be transferred from military to civil control, they will report that conclusion to you, with their recommendations as to the form of central government to be established for the purpose of taking over the control.

Beginning with the 1st day of September, 1900, the authority to exercise, subject to my approval, through the secretary of war, that part of the power of government in the Philippine Islands which is of a legislative nature is to be transferred from the military governor of the islands to this commission, to be thereafter exercised by them in the place and stead of the military governor, under such rules and regulations as you shall prescribe, until the establishment of the civil central government for the islands contemplated in the last foregoing paragraph, or until Congress shall otherwise provide. Exercise of this legislative authority will include the making of rules and orders, having the effect of law, for the raising of revenue by taxes, customs duties and imposts; the appropriation and expenditure of public funds of the islands; the establishment of an educational system throughout the islands; the establishment of a system to secure an efficient civil service; the organization and establishment of courts; the organization and establishment of municipal and departmental governments, and all other matters of a civil nature for which the military governor is now competent to provide by rules or orders of a legislative character.

The commission will also have power during the same period to appoint to office such officers under the judicial, educational and civil-service systems and in the municipal and departmental governments as shall be provided for. Until the complete transfer of control the military governor will remain the chief executive head of the government of the islands, and will exercise the executive authority now possessed by him and not herein expressly assigned to the commission, subject, however, to the rules and orders enacted by the commission in the exercise of the legislative powers conferred upon them. In the meantime the municipal and departmental governments will continue to report to the military governor and be subject to his administrative supervision and control, under your direction, but that supervision and control will be confined within the narrowest limits consistent with the requirement that the powers of government in the municipalities and departments shall be honestly and effectively exercised and that law and order and individual freedom shall be maintained.

All legislative rules and orders, establishments of government, and appointments to office by the commission will take effect immediately, or at such times as they shall designate, subject to your approval and action upon the coming in of the commission’s reports, which are to be made from time to time as their action is taken. Wherever civil governments are constituted under the direction of the commission, such military posts, garrisons and forces will be continued for the suppression of insurrection and brigandage, and the maintenance of law and order, as the military commander shall deem requisite, and the military forces shall be at all times subject under his orders to the call of the civil authorities for the maintenance of law and order and the enforcement of their authority.

In the establishment of municipal governments the commission will take as the basis of their work the governments established by the military governor under his order of August 8, 1899, and under the report of the board constituted by the military governor by his order of January 29, 1900, to formulate and report a plan of municipal government, of which his honour Cayetano Arellano, president of the audiencia, was chairman, and they will give to the conclusions of that board the weight and consideration which the high character and distinguished abilities of its members justify.

In the constitution of departmental or provincial governments, they will give especial attention to the existing government of the island of Negros, constituted, with the approval of the people of that island, under the order of the military governor of July 22, 1899, and after verifying, so far as may be practicable, the reports of the successful working of that government, they will be guided by the experience thus acquired, so far as it may be applicable to the condition existing in other portions of the Philippines. They will avail themselves, to the fullest degree practicable, of the conclusions reached by the previous commission to the Philippines.

In the distribution of powers among the governments organized by the commission, the presumption is always to be in favour of the smaller subdivision, so that all the powers which can properly be exercised by the municipal government shall be vested in that government, and all the powers of a more general character which can be exercised by the departmental government shall be vested in that government, and so that in the governmental system, which is the result of the process, the central government of the islands, following the example of the distribution of the powers between the states and the national government of the United States, shall have no direct administration except of matters of purely general concern, and shall have only such supervision and control over local governments as may be necessary to secure and enforce faithful and efficient administration by local officers.

The many different degrees of civilization and varieties of custom and capacity among the people of the different islands preclude very definite instruction as to the part which the people shall take in the selection of their own officers; but these general rules are to be observed: That in all cases the municipal officers, who administer the local affairs of the people, are to be selected by the people, and that wherever officers of more extended jurisdiction are to be selected in any way, natives of the islands are to be preferred, and if they can be found competent and willing to perform the duties, they are to receive the offices in preference to any others.

It will be necessary to fill some offices for the present with Americans which after a time may well be filled by natives of the islands. As soon as practicable a system for ascertaining the merit and fitness of candidates for civil office should be put in force. An indispensable qualification for all offices and positions of trust and authority in the islands must be absolute and unconditional loyalty to the United States, and absolute and unhampered authority and power to remove and punish any officer deviating from that standard must at all times be retained in the hands of the central authority of the islands.

In all the forms of government and administrative provisions in which they are authorized to prescribe, the commission should bear in mind that the government which they are establishing is designed not for our satisfaction, or for the expression of our theoretical views, but for the happiness, peace and prosperity of the people of the Philippine Islands, and the measures adopted should be made to conform to their customs, their habits and even their prejudices, to the fullest extent consistent with the accomplishment of the indispensable requisites of just and effective government.

At the same time the commission should bear in mind, and the people of the islands should be made plainly to understand, that there are certain great principles of government which have been made the basis of our governmental system which we deem essential to the rule of law and the maintenance of individual freedom, and of which they have, unfortunately, been denied the experience possessed by us; that there are also certain practical rules of government which we have found to be essential to the preservation of these great principles of liberty and law, and that these principles and these rules of government must be established and maintained in their islands for the sake of their liberty and happiness, however much they may conflict with the customs or laws of procedure with which they are familiar.

It is evident that the most enlightened thought of the Philippine Islands fully appreciates the importance of these principles and rules, and they will inevitably within a short time command universal assent. Upon every division and branch of the government of the Philippines, therefore, must be imposed these inviolable rules:

That no person shall be deprived of life, liberty or property without due process of law; that private property shall not be taken for public use without just compensation; that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favour, and to have the assistance of counsel for his defence; that excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted; that no person shall be put twice in jeopardy for the same offence, or be compelled in any criminal case to be a witness against himself; that the right to be secure against unreasonable searches and seizures shall not be violated; that neither slavery nor involuntary servitude shall exist except as a punishment for crime; that no bill of attainder, or ex-post-facto law shall be passed; that no law shall be passed abridging the freedom of speech or of the press, or the rights of the people to peaceably assemble and petition the Government for a redress of grievances; that no law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof, and that the free exercise and enjoyment of religious profession and worship without discrimination or preference shall forever be allowed.

It will be the duty of the commission to make a thorough investigation into the titles to the large tracts of land held or claimed by individuals or by religious orders; into the justice of the claims and complaints made against such landholders by the people of the island or any part of the people, and to seek by wise and peaceable measure, a just settlement of the controversies and redress of wrongs which have caused strife and bloodshed in the past. In the performance of this duty the commission is enjoined to see that no injustice is done; to have regard for substantial rights and equity, disregarding technicalities so far as substantial right permits, and to observe the following rules:

That the provision of the Treaty of Paris, pledging the United States to the protection of all rights of property in the islands, and as well the principle of our own Government which prohibits the taking of private property without due process of law, shall not be violated; that the welfare of the people of the islands, which should be a paramount consideration, shall be attained consistently with this rule of property right; that if it becomes necessary for the public interest of the people of the islands to dispose of claims to property which the commission finds to be not lawfully acquired and held disposition shall be made thereof by due legal procedure, in which there shall be full opportunity for fair and impartial hearing and judgment; that if the same public interests require the extinguishment of property rights lawfully acquired and held due compensation shall be made out of the public treasury therefor; that no form of religion and no minister of religion shall be forced upon any community or upon any citizen of the islands; that upon the other hand no minister of religion shall be interfered with or molested in following his calling, and that the separation between state and church shall be real, entire and absolute.

It will be the duty of the commission to promote and extend, and, as they find occasion, to improve, the system of education already inaugurated by the military authorities. In doing this they should regard as of first importance the extension of a system of primary education which shall be free to all, and which shall tend to fit the people for the duties of citizenship and for the ordinary avocations of a civilized community. This instruction should be given in the first instance in every part of the islands in the language of the people. In view of the great number of languages spoken by the different tribes, it is especially important to the prosperity of the islands that a common medium of communication may be established, and it is obviously desirable that this medium should be the English language. Especial attention should be at once given to affording full opportunity to all the people of the islands to acquire the use of the English language.

It may be well that the main changes which should be made in the system of taxation and in the body of the laws under which the people are governed, except such changes as have already been made by the military government, should be relegated to the civil government which is to be established under the auspices of the commission. It will, however, be the duty of the commission to inquire diligently as to whether there are any further changes which ought not be delayed; and if so, they are authorized to make such changes, subject to your approval. In doing so they are to bear in mind that taxes which tend to penalize or repress industry and enterprise are to be avoided; that provisions for taxation should be simple, so that they may be understood by the people; that they should affect the fewest practicable subjects of taxation which will serve for the general distribution of the burden.

The main body of the laws which regulate the rights and obligations of the people should be maintained with as little interference as possible. Changes made should be mainly in procedure, and in the criminal laws to secure speedy and impartial trials, and at the same time effective administration and respect for individual rights.

In dealing with the uncivilized tribes of the islands the commission should adopt the same course followed by Congress in permitting the tribes of our North American Indians to maintain their tribal organization and government, and under which many of those tribes are now living in peace and contentment, surrounded by a civilization to which they are unable or unwilling to conform. Such tribal governments should, however, be subjected to wise and firm regulation; and, without undue or petty interference, constant and active effort should be exercised to prevent barbarous practices and introduce civilized customs.

Upon all officers and employees of the United States, both civil and military, should be impressed a sense of the duty to observe not merely the material but the personal and social rights of the people of the islands, and to treat them with the same courtesy and respect for their personal dignity which the people of the United States are accustomed to require from each other.

The articles of capitulation of the city of Manila on the 13th of August, 1898, concluded with these words:

“This city, its inhabitants, its churches and religious worship, its educational establishments, and its private property of all descriptions, are placed under the special safeguard of the faith and honour of the American army.”

I believe that this pledge has been faithfully kept. As high and sacred an obligation rests upon the Government of the United States to give protection for property and life, civil and religious freedom, and wise, firm and unselfish guidance in the paths of peace and prosperity to all the people of the Philippine Islands. I charge this commission to labour for the full performance of this obligation which concerns the honour and conscience of their country, in the firm hope that through their labours all the inhabitants of the Philippine Islands may come to look back with gratitude to the day when God gave victory to American arms at Manila and set their land under the sovereignty and the protection of the people of the United States.

William McKinley.

During the last years of Spanish sovereignty the courts in the Philippine Islands consisted of superior courts, which were the audiencia territorial de Manila, the audiencia de lo criminal de CebÚ, and the audiencia de lo criminal de Vigan; the courts of first instance, and justice of the peace courts.

The audiencia territorial de Manila exercised jurisdiction in civil matters over the entire Philippine archipelago; in criminal matters it exercised jurisdiction over the central and southern provinces of LuzÓn and over the islands of Catanduanes, Mindoro, Burias, Masbate and Ticao.

Its legal personnel consisted of a president of the court; two presidents of branches, one of the civil, and the other of the criminal; nine justices (magistrados); four associate justices (magistrados suplentes); one fiscal; one lieutenant-fiscal, and three fiscal attorneys; five secretaries and four law clerks who were assistant secretaries.

The audiencia de lo criminal of Vigan and that of Cebu had only criminal jurisdiction, the former over the northern part of LuzÓn and the Batanes Islands and the latter over the Visayan Islands and Mindanao. Each of these courts had a president, two justices, two associate justices, one fiscal, one lieutenant-fiscal, a secretary and one law clerk who was assistant secretary.

There was at least one court of first instance in each province. In some, like Batangas, Ambos Camarines, Samar, Leyte, Cebu and Negros, there were two. In IloÍlo there were three and in Manila four. These courts were divided into three classes designated as follows: de entrada; de ascenso; and de termino.

Subject to the jurisdiction of the audiencia territorial de Manila, there were eight jusgados de termino; five jusgados de ascenso, and fourteen jusgados de entrada. Under the criminal jurisdiction of the audiencia territorial of Vigan there were three jusgados de termino, one jusgado de ascenso and sixteen jusgados de entrada. Under the audiencia territorial of Cebu there were two jusgados de termino and thirty jusgados de ascenso.

In each court of first instance there was a prosecuting attorney (promotor fiscal). In each pueblo there was a justice of the peace subject in his criminal and civil jurisdiction to the judge of first instance of the province. In criminal matters the justice of the peace courts as well as the courts of first instance were subject to the audiencia territorial of Manila.

At the present time the courts of justice of the islands consist of a supreme court, courts of first instance and justice of the peace courts.

The supreme court, which is composed of one chief justice and six associate justices, has civil and criminal jurisdiction over all the islands.

In each province there is a court of first instance. Several such courts are usually united to constitute a judicial district, but this does not hold for the court of first instance of the city of Manila, which is presided over by three judges, each in his own court room, nor for the court of first instance of IloÍlo, which constitutes a district by itself. The remaining courts are divided between seventeen districts.

The courts of the thirteenth and fourteenth districts have concurrent jurisdiction over all actions arising within the district of Lanao of the Moro province, but the court first acquiring jurisdiction in any cause has exclusive jurisdiction in the same.

There are four judges at large, without territorial jurisdiction of their own, any one of whom may be assigned by the secretary of finance and justice to act in any district. He then has the same jurisdiction as its judge. The services of judges at large are necessary when the judge of any district is absent, or has vacated his position, or when the business of a court requires the aid of an assistant judge.

There further exists the court of land registration, with one judge and five auxiliary judges. It has exclusive jurisdiction over all applications for the registration of title to land or buildings or an interest therein. It also has jurisdiction to confirm the titles of persons who under the Spanish rÉgime acquired imperfect titles to public lands, provided that such persons fulfill the requirements of law for their perfection.

There is now a justice of the peace court in each municipality and by resolution of the Philippine Commission there have been created justice of the peace courts in townships and other centres of population which have not been organized either as townships or municipalities.

In the provinces of Nueva Vizcaya, Mindoro, Palawan, Agusan and in the Mountain province, all of which are organized under the special provincial government act, the provincial governor, the provincial secretary, the provincial treasurer, the provincial supervisor2 and the deputy clerk of the court of first instance are justices of the peace ex officio with jurisdiction throughout their respective provinces.

In the Moro province, which is divided into five districts, called JolÓ, Zamboanga, Lanao, Cotabato and Davao, there are tribal ward courts which consider and decide minor civil and criminal actions in which the parties in interest, or any of them, are Moros or members of other non-Christian tribes. These tribal ward courts have with regard to these actions the same jurisdiction as is vested by law in justice of the peace courts, but the legislative council of the Moro province may in its discretion vest in such courts jurisdiction in other actions, civil or criminal but not capital, which is at present vested in courts of first instance. In each district the governor and secretary are justices of tribal ward courts and there are as many auxiliary justices as may be needed. The sentences of the tribal ward courts, from which no appeal is taken to the court of first instance, may be modified or remitted by the provincial governor after a review of the case.

In addition to these tribal ward courts there exist justice of the peace courts in each municipality and the governor-general may with the advice and approval of the commission appoint justices of the peace for towns or places in the Moro province which have not been organized into municipalities or which, although included within the limits of an organized municipality, are distant from or have no convenient means of access to centres of population. The jurisdiction of the justices of the peace for the municipalities in which such towns or places are situated, and of the justices of the peace appointed for such towns or places, are concurrent over cases arising within the municipality. The several justices of the peace in any district of the Moro province exercise concurrent jurisdiction over cases arising within the district but without the limits of an organized municipality, but the justice of the peace first acquiring jurisdiction over any case has exclusive jurisdiction over it. The justices of the peace in the Moro province have no jurisdiction to try civil and criminal actions in which original jurisdiction is vested in tribal ward courts.

Under the present organization there exists a bureau of justice with the following legal personnel: attorney-general, solicitor-general, assistant attorney-general, and eleven assistant attorneys. There is a provincial fiscal in each province with the exception of the Moro province, in which there are an attorney and an assistant attorney. The city of Manila has, besides the city attorney and assistant attorney, a prosecuting attorney with four assistants.

Under the Spanish legislation, justices of the peace had jurisdiction to try civil actions where the value of the thing in litigation did not exceed five hundred pesetas ($50), and actions for unlawful detainer where the action was based on one of the following grounds. The completion of the term stipulated in the contract; the expiration of the time within which notice had to be given for the conclusion of the contract, in accordance with law; the stipulations made or the general custom in each pueblo; and the failure to pay the price stipulated, provided that in neither of these three cases the object of the action was dispossession of a mercantile or manufacturing establishment, or of a rural property the annual rental whereof exceeded two thousand five hundred pesetas ($250). They also had jurisdiction to try faltas, which are criminal offences penalized with a fine not exceeding five hundred pesetas ($50) or with aresto menor, which is imprisonment not exceeding thirty days, and to conduct the preliminary proceedings in crimes the jurisdiction over which was vested in the courts of first instance. Judges of first instance had original jurisdiction in all civil actions except those in which original jurisdiction was vested in justices of the peace and in actions for crime (delitos). The sentences of judges of first instance could be carried in appeal to the audiencia territorial of Manila, and in the majority of cases the supreme court of Spain could be petitioned for the cassation of the sentences of the said audiencia territorial. The judges of first instance also had appellate jurisdiction in cases of appeal against the decisions rendered by justices of the peace in actions in which the latter had original jurisdiction. All the sentences of the courts of first instance in criminal cases, regardless of whether they were sentences of conviction or of acquittal, had to be submitted for review to the proper audiencia, the decision of the former not being final without the approval of the latter. From the decisions of the audiencia appeal lay in all cases to the supreme court of Spain.

It naturally followed that legal proceedings were interminable, and one of the worst things which could befall an individual or a corporation in the Spanish days was to become involved in a lawsuit. It is an unpleasant thing to say, but the plain truth is that the character of the judges in not a few instances left much to be desired.

Contrast with the endless complications of the above arrangement the simplicity of that which prevails to-day. Justices of the peace have exclusive original jurisdiction in all civil actions arising in their municipalities which are not exclusively cognizable by the courts of first instance, when the value of the subject-matter or amount of the demand does not exceed $100, exclusive of interest and costs; and where such value or demand exceeds $100, but is less than $300, the justices of the peace have jurisdiction concurrent with the courts of first instance. They also have original jurisdiction in forcible entry and detainer proceedings. They have no jurisdiction to adjudicate questions of title to real estate or any interest therein, or in civil actions in which the subject of litigation is not capable of pecuniary estimation, except in forcible entry and detainer cases, or in those which involve the legality of any tax, impost, or assessment, or in actions involving admiralty or marine jurisdiction, or in matters of probate, the appointment of guardians, trustees, or receivers, or in actions for annulment of marriage. Justices of the peace, except in the city of Manila, have original jurisdiction to try persons charged with misdemeanors, offences and infractions of municipal ordinances, arising within the municipality, in which the penalty provided by law does not exceed six months imprisonment or a fine of $100, or both such imprisonment and fine. In the city of Manila the justice of the peace does not have this jurisdiction; there it is left to a municipal judge, who has jurisdiction to try all the infractions of ordinances and has a more ample jurisdiction to try misdemeanors and crimes against the general laws of the islands. Justices of the peace, except in the city of Manila, also have jurisdiction to conduct preliminary proceedings in all crimes and misdemeanors supposed to have been committed within their municipalities and cognizable by the courts of first instance.

The jurisdiction of courts of first instance is of two kinds, original and appellate. Courts of first instance have original jurisdiction: in all civil actions in which the subject of litigation is not capable of pecuniary estimation; in all civil actions which involve the title to or possession of real property, or any interest therein, or the legality of any tax, impost, or assessment, except actions of forcible entry into or detainer of lands or buildings; in all cases in which the demand, exclusive of the interest or the value of the property in controversy, amounts to $100 or more; in all actions in admiralty or maritime jurisdiction, irrespective of the value of the property in controversy and the amount of the demand; in all matters of probate, both of testate and intestate estates, appointment of guardians, trustees, and receivers, in all actions for annulment of marriage, and in all such special cases and proceedings as are not otherwise provided for; in all criminal cases in which a penalty of more than six months imprisonment or a fine exceeding $100 may be imposed; in all crimes and offences committed on the high seas or beyond the jurisdiction of any country, or within any of the navigable waters of the Philippine Islands, on board a ship or water craft of any kind registered or licensed in the Philippine Islands in accordance with the laws thereof. This jurisdiction may be exercised by the court of first instance in any province into which the ship or water craft upon which the crime or offence was committed may come after the commission thereof, but the court first lawfully taking cognizance thereof has jurisdiction of the same to the exclusion of all other courts in the Philippine Islands. Lastly, courts of first instance have power to issue writs of injunction, mandamus, certiorari, prohibition, quo warranto, and habeas corpus in their respective provinces and districts, in the manner provided in the code of civil procedure. Courts of first instance have appellate jurisdiction over all causes arising in justices’ and other inferior courts in their respective provinces.

The supreme court of the Philippine Islands has original jurisdiction to issue writs of mandamus, certiorari, prohibition, habeas corpus, and quo warranto in the cases and in the manner prescribed in the code of civil procedure, and to hear and determine the controversies thus brought before it, and in other cases provided by law.

The supreme court of the United States, according to the Philippine bill, has jurisdiction to review, revise, reverse, modify, or affirm the final judgments and decrees of the supreme court of the Philippine Islands in all actions, cases, causes, and proceedings pending therein in which the constitution or any statute, treaty, title, right or privilege of the United States is involved, or in causes in which the value in controversy exceeds $25,000.

Probably not more than ten Filipinos held judicial or fiscal positions, except that of justice of the peace, under Spanish rule. To-day, three of the seven justices of the supreme court, ten of the twenty judges of districts, two of the four judges at large, and three of the six judges of the court of land registration are Filipinos. In the bureau of justice the attorney-general and seven assistant attorneys are Filipinos. All of the provincial fiscals are Filipinos with the exception of the fiscal of the Moro province and the prosecuting attorney and the city attorney of Manila. All of the justices of the peace except those who serve ex officio are Filipinos, and the secretary of finance and justice is a Filipino as well.

Under the Spanish rÉgime justices of the peace did not receive salaries, nor was there any appropriation for the payment of necessary clerical assistance, for office supplies, or for rental of their court rooms. The fees which the law allowed them to charge were their only compensation. These were fifty cents for each civil case tried and twenty-five cents when no trial was held on account of failure to appear on the part of either the plaintiff or defendant or of both.

In criminal cases the fees were seventy-five cents for each case tried, but they could be collected only if the defendant was adjudged to pay the costs and was solvent.

The compensation of justices of the peace was in practice limited to the paltry fees in civil cases, which in many municipalities amounted to almost nothing owing to the small number of such cases tried. Justices of the peace were burdened with orders from the courts of first instance for the service of process, and for this no compensation was given them.

The only appropriations for office, personnel and supplies of the courts of first instance were the following: two Chinese interpreters and sixteen bailiffs, drawing a yearly salary of $48 for the four courts at Manila; interpreters drawing the following ridiculous salaries: $48 per annum in some courts, $36 in others and in still others $24; amanuenses whose salaries in some courts were $48 and in others $36 per annum, while in yet other courts there was no amount appropriated for their salaries. No appropriation was made for clerks, officers, messengers or bailiffs of the courts, for necessary office supplies or for court-houses. The clerks of courts had to pay all subordinate employees. They also had to pay for the building of a court-house out of the money collected as fees from litigants, and in many instances they were compelled to pay for the dwelling place of the judge, who ordinarily lived in the court-house.

The salaries of judicial officers and fiscals were also very meager. The prosecuting attorney of a court de entrada was paid $750 per annum; the judge of a court of first instance de entrada, the prosecuting attorney de ascenso, and the secretaries of the audiencia de lo criminal, all of whom had the same rank, drew salaries of $937.50 per annum. The judge of first instance de ascenso, the prosecuting attorney de termino and the secretaries of the audiencia territorial de Manila were paid $1125 per annum. The judges of courts of first instance de termino and the attorneys of the audiencia territorial of Manila and the assistant attorneys of the audiencias de lo criminal of Vigan and Cebu drew a salary of $1375 per annum. The assistant fiscal of the audiencia territorial of Manila and the justices of the audiencias de lo criminal of Vigan and Cebu, $1750. The justices of the audiencia territorial of Manila and the presidents and fiscals of the audiencias de lo criminal of Vigan and Cebu received $2125 per annum. The president of the audiencia territorial of Manila and the presidents of the departments of said court and its fiscal received $25 per annum. The president of the audiencia territorial of Manila had an additional allowance of $750, and the presidents of the departments and fiscal of said court had $250 each for entertainment expenses.

At present, justices of the peace in first, second, third, and fourth class municipalities receive yearly salaries of $480, $420, $360 and $300, respectively. The justice of the peace of Manila receives $1800. The justices of the peace of Iloilo and Cebu receive $1200 each; those of the provincial capitals of Albay, Ambos Camarines, Batangas, Bulacan, Ilocos Sur, Occidental Negros, Pampanga, PangasinÁn and Tayabas, $900 each; those of Cagayan, Capiz, Cavite, Ilocos Norte, Laguna, Rizal, Samar and Sorsogon, $750 each; those of the remaining provincial capitals and of any municipalities considered as capitals of provinces organized under the provincial government act, $600 each.

Every municipality is required to provide the justice of the peace with an adequate court room and the necessary office furniture, light, and janitor service. Office supplies, such as stationery, stamps, printed forms, books, etc., are furnished by the bureau of justice and paid for from the appropriation for said bureau.

Clerks and other subordinate employees of the courts of first instance now have regular salaries prescribed by law, and the salaries of judges are sufficient to allow them to live comfortably and with the independence and decorum which befit their official positions. Judges at large and some district judges receive $4500 per annum; other district judges, $5000 per annum; judges in the city of Manila, $5500. The judge of the court of land registration receives $5000 and the assistant judges are paid $4000 each with promotion to $4500 after two years of service. The chief justice and associate justices of the supreme court receive $10,000 each.

The following table gives the present accepted estimate of the non-Christian population of the provinces as now organized, together with the census estimate:—

Certain of the items in this table require brief explanation. In it the name of each province or sub-province for which the census estimate has been departed from is italicized.

Agusan. This province did not exist when the census was taken. It has since been carved out of the territory which formerly belonged to Surigao and Misamis. The figures given, based largely on actual enumeration, are approximately correct.

Amburayan. This sub-province formed a part of South Ilocos at the time of the census enumeration. It does not appear that any account was taken of its non-Christian population.

Apayao. The territory of this sub-province was a part of the province of Cagayan at the time of the census enumeration. The estimate is that of its present lieutenant-governor. Lieutenant-Governor Villamor estimated its population at 53,000, but this figure was undoubtedly too high.

Antique. The non-Christian population of this province is probably given too low by the census, but I have allowed the census figures to stand.

Batanes. This province did not exist at the time the census was taken.

Benguet. The present figures are based on an accurate enumeration.

Bontoc. The territory included within this sub-province has been greatly changed since the census was taken. The present figures are based on a recent enumeration.

Cagayan. The present figures were furnished me by Governor Antonio Carag on April 16, 1913. They represent only the supposed Negrito population of the eastern cordillera. There are other non-Christians in the province, but their number is not known.

Ilocos Norte. The census estimate is undoubtedly too low, but is nevertheless adopted, in fault of new and more reliable information.

Ifugao. No such political subdivision existed when the census was taken. This territory then formed a part of Nueva Vizcaya. A recent fairly accurate enumeration has shown the original estimate of the population of Nueva Vizcaya to be grossly in error.

Isabela. This province has lost a part of its non-Christian population to Ifugao and a part to Kalinga. There remain some Kalingas and numerous Negritos east of the Cagayan River, but I have no reasonably accurate estimate of their numbers. The figures given are probably too low.

Kalinga. This sub-province did not exist at the time of the census enumeration. The figures given are quite accurate.

La Union. This province has lost all of its non-Christian population by transfer to Benguet and Amburayan.

Lepanto. The figures now given for Lepanto are accurate.

Lepanto-Bontoc. Carried in the first column, but no entry made in the second because a direct comparison between the territory which was included in this province and the corresponding portions of the existing Mountain Province is not practicable.

Mindoro. No accurate count of the Mangyans of Mindoro has ever been made, but since the census enumeration the island has been crossed in a number of places and the estimate now given is believed to be reasonably conservative.

Misamis. This province has lost its non-Christian population to the sub-province of Bukidnon.

The Moro Province, as at present constituted, corresponds to the former districts of Basilan, Cotabato, Dapitan, Davao, JolÓ, Siasi, Tawi Tawi and Zamboanga, so that a direct comparison between the census estimate and the present estimate is possible. The figures given were recently furnished me by the secretary of the province. They are admittedly inaccurate, but are believed to be approximately correct.

Nueva Ecija. This province has lost its Ilongot population to Nueva Vizcaya.

Nueva Vizcaya. Nueva Vizcaya has lost its Ifugao population to the Mountain Province, but has gained those Ilongots formerly credited to Isabela, Tayabas, Nueva Ecija and PangasinÁn, the net result being a heavy loss in non-Christian population.

Palawan. The province of Palawan corresponds closely to the territory included in Paragua Norte and Paragua Sur at the time of the census enumeration so that a direct comparison is possible. There was no real attempt to enumerate the non-Christian inhabitants of this province for the census. Of Moros alone there are some five thousand. There are said to be approximately ten thousand Tagbanuas in the country tributary to the region along the banks of the Iwahig River, which empties into Coral Bay. It is further claimed that there are some five thousand more back of BonabÓna Point. This does not take into account the Tagbanua population on the west coast, nor that of the other Iwahig valley near Puerto Princesa; nor does it include the Tagbanuas inhabiting the islands of Dumaran, Dinapahan, Bulalacao, PeÑon de Coron, Culion and Busuanga. I here place the non-Christian population of the province at twenty thousand, but believe this figure rather low.

Romblon. There are some fifty non-Christians in this sub-province, survivors of a much larger number who formerly lived in Tablas and Sibuyan.

Samar. The figures here given are those of a recent estimate by the lieutenant-governor of the hill people of that island. Most of the hill people are rated as Filipinos.

Surigao. Surigao has lost most of its non-Christian population to the sub-province of Butuan, but still has a considerable number of Manobos and Negritos and the figures given are far too low.