The times. [volume] (Washington [D.C.]) 1897-1901, 1900-12-04


preston 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 accomplish
ment 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 I'M
| derstand, that there are certain great
| principles Of government which have been
| made the basis of our governmental sys-
| tenn which we deem essential to the rule
| Of law and the maintenance Of individual
freedom, and Of which they have, unfor-
| tunately, been denied the experience pos
sessed by US; that there are also certain
| practical rules of government which We
have found to be essential to the pres
ervation of these great principles OF lib
erty and law, and that these principles
| and these rules Of government must be
Established and maintained in their ISL
! ands for the sake of their liberty and
| happiness, however much they may con-
| fict with the customs or laws OF pro-
| cedure with which they are familiar.
| at is evident that the most enlightened
thought Of the Philippine Islands fully
appreciates the Importance OF these prin-
ciples 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 inviol-
able 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 COM
pensation; that in all criminal prosecu-
lions the accused shall enjoy the right
to speedy and public trial. to be in
formed 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 IA
vor. and to have the assistance Of counsel
for his defence: that excessive bail shall
not be required nor excessive fines i'm
posed. 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 witness against himself; that the
right to be secure against unreasonable
searches and seizures shall not be Tio-
lated; that neither slavery nor inyolun-
tary servitude shall exist except as
punishment for crime; that no bill OF at
tainder 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 Gov
eminent for a redress of grievances; that
no law shall be made respecting an es-
Establishment of religion. or prohibiting the
free exercise thereof, and that the free
exercise and enjoyment of religious pro-
fession and worship without discrimina-
ton or preference shall forever be al
lowed.
Rights of Religious Orders.
"It will be the duty OF the Commission
to make 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 land
holders by the people of the island or any
part Of the people, and to seek by wise
and peaceable measures just settlement !
of the controversies and redress of !
wrongs which have caused strife and !
bloodshed in the past. In the PERFORM |
ance of this duty the commission is en- |
Joined to see that no injustice is done; to !
have regard for substantial rights and |
equity, disregarding technicalities so lar |
as substantial right permits. and to OBJ
serve 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 we'll the principle Of our |
own Government which prohibits the TAX
ing of private property without due pro- |
cess of law, shall not be violated; that the |
welfare of the people of the islands, |
which should be a paramount ccnsidera- |
tion, shall be attained consistently with |
this rule of property right; that if it be-
comes 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 extinguish-
ment 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 re-
Lyon shall be forced upon any community
or upon any citizen Of the islands; that,
upon the other hand. no minister of re-
ligion shall be interfered with or modest
ed in following his calling, and that the
separation between state and church shall
be real, entire, and absolute.
1T will be the duty of the Commission to
promote and extend, and, as they find &C.
casion, to improve, the system Of educa-
tiOn already inaugurated by the military
authorities. In doing this they should re-
gard 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 citizen
ship 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 num-
ber of languages spoken by the different
tribes, it is especially important to the
prosperity of the islands that common
medium of communication may be esi tab
lished, and it is obviously desirable that
this medium should be the English Ian
guage Especial attention should be at
once given to affording full opportunity
to ali the people of the islands to acquire
the use of the English language.
ut 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. 1t WILL however, be the
duty of the Commission to enquire dill
gently as to whether there are any fur
Their changes which ought not to be de-
layed, and if so, they are authorized to
make such changes, subject to your ap-
prevail. In doing so they are to bear in
mind that taxes which tend to penalize or
repress industry and enterprise a.s to be
avoided; that provisions for taxation
should be simple so that they may be I'M
derstood 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 regu-
late the rights and obligations of the peo-