Evening star., 1900-09-18

to the conclusions of that board the weight
and consideration which the high char
acter and distinguished abilities of its mem
bers justify.
In the constitution of departmental or
provincial governments, they will give es.
pecial 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 o. 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 1T may be applicable
to the condition existing in other portions
Of the Philippines. They will avail them
selves, 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 favor
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
q more general character which can be
exercised by the departmental government
shall be vested in that government. ana
so that in the governmental system, which
is the result Of the process, the central
government Of the islands. following the ex-
ample of the distribution Of the powers be-
tween the states and tina national gov
ernment of the United States. shall have
direct administration except of matters
of purely general concern. and snail nave
only such supervision and control over
local governments as may be necessary TO
secure and enforce faithful and efficient
administration by local officers.
Native. to BE Preferred.
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 se.ec-
tion of their own officers; but these general
rules are to be obserN ed: That in all cases
the municipal officers. who administer the
local affairs Of the people. are to be select
ed by the people, and that wherever off,
GERS of more extended jurisdic: ion 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
1t will be necessary to fill some offices
for the present with Americans which after
q time may well be filled by natives of the
islands. AS soon as practicable 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 uncon-
ditional 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 CEN
trail authority Of the islands
ministrative provisions 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 hap
piness, 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 preiu-
dceS, to the fullest extent consistent wi h
the accomplishment of the Indispensable
requisites OF just and effective govern
ment..
Al 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 govern
ment which have been made the basis OF our
governmental system which we deem essen
tial to the rule of law and the maint enance
of Individual freedom, and of which they
have. unfortunately, been denied the ex-
perience possessed by us: that there
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 Re
established and maintained in their islands
for the sake of this liberty and happiness,
however much they may conflict with the
customs or laws of procedure with which
they familiar
1t is evident that the most enlightened
thought of the Philippine Islands fully ap-
preciates the importance of these PRINCIPLES
and rules, and they will inevitably wi hin
a short time command universal assent
Upon every division and branch of the gov
ernment Of the Philippines. therefore. must
be imposed these inviolable rules:
InvioIabIe Rules Imposed.
That no person shall be deprived Of life,
liberty property without due process of
law; that private property shall not be
taken for public use without just compen-
sation; that in all criminal prosecutions the
-;oI,%
and public trial, to be informed Of the ma
ture and cause of the accusation, to be
confronted with the witnesses against him.
to have compulsory process for obtaining
witnesses in his favor, and to have the
sistance of counsel for his defense: that
excessive bail shall not be required. nor
excessive fines imposed, nor cruel and un-
usual punishment inflicted; that no person
shall be put twice In jeopardy for the same
offsnse, or be compelled in any criminal
case to be a witness against himself; that
the right to be secure against unreasona-
BILE searches and seizures shall not be vio-
lated; that neither slavery nor involuntary
servttude shall exist except as a punish
ment for crime: that no bill Of attainer or
ex-postfacto 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 pc
tition the government for redress of
grievances: that no law shall be made re-
specting an establishment of religion, or
prohibiting the free exercise thereof. and
that the free exercise and enjoyment Of
religious profession and worship without
discrimination preference shall forever
be allowed.
1t 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 or
ders: 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 peace
able measures q just settlement of the con-
troverses 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 in
justice Is done; to have regard for SUBJ
stantial rights and equity. disregarding
technicaiities far substantial right
permits, and to observe the following rules:
That the provision of the treaty Of Paris,
pledging the United States to the protec-
ton of all rights of property In the Is
lands. 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 well
fare Of the people of the islands, which
should be a paramount consideration,
shall be attained consistently with this
,.,,Ja of ri u