The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-05-04

more horrible and shocking than that of
this order to our army in Samar.
In the presence of these cruelties and
harbarities this uncivilized and un-
Christian warfare, one who loves his
country feels that the only thing he can
do is to bow his head in shame There
is but one other thing, Mr.. President,
feel like doing, and that is to appeal to
the brave, honorable, and humane man
who now occupies the White House to
probe these things to the bottom, and
bring the men, however high in office
and position, who have perpetrated them
or are responsible for their perpetra-
ton. to condign punishment We can at
least by fitting the punishment, If there
be any law adequate to that, to the
crime, make the offense odious. But,
Mr.. President, have digressed from the
subject / was discussing the govern
ment the Taft Commission had promul-
gated for the archipelago.
/ have examined with considerable
care the civil codes promulgated by the
Commission Considered as simple rules
for the regulation of the conduct of the
citizens, most of these laws seem to be
just and fair. In fact, many of them are
obtain in this country for the govern
ment of our towns, cities and counties.
But, in order to adjust them to the pre-
JUDGES, the traditions, and nature of
these Oriental people, there is inter
woven in them, as their dominant ele-
ment, the principle of Spanish absolut-
ISM The body of these codes is Ameri-
can. but the great animating principles
tn1
Mr. President, in confederation of this
statement, think it will be profitable to
enumerate some of the more striking and
essential features of the American con-
stitutional system which the Commits
sion has, from necessity, l assume,
omitted from these codes.
| Under the American system and under
every system entitled to be called Re-
publican, the right of the people to select
| their Governors and lawmakers is fun
| damental. Under the Taft code the peo-
pie of the archipelago are permitted to
do neither. Under certain limitations
and restrictions they may pass certain
| town ordinances, provincial regulations
| and elect certain minor officers; but IN
the exercise of all these functions they
| are subject to the supervision and con-
troll Of the central power which owes its
life and authority, not to the people OF
the island but to the President OF the
United States under the laws of Con-
| gress The Commission is the supreme
power in the island. 1t appoints all tbs
chief provincial officers, both judicial
and executive, and they are subject tC
removal at it's will.
1t is fundamental principle
of jurisprudence in this coun
try that the legislative Judicial and ex
ecutive departments shall be forever
kept separate and distinct. There is
| hardly State in the Union whose Con
stitution does not contain this express
provision. Under the system which we
have established in the Philippines the
Commission is at once the Legislative
| and the executive department OF the gov
eminent. 1t makes the laws and exc
cutes them or appoints agents to exc
cute them which is the same thing. In
deed part of the salary of the Com
mission is paid to them for the perform
ance of their legislative duties and
mart for the performance of their eXecu
tive duties. They not only make the laws
and enforce the laws. but appoint Thu
Judges who are to interpret and expount
them.
In this country and in every govern
ment entitled to be called free 1T is
fundamental principle that there shall
be no taxation without representation
Under the system which we have estab
lished in these islands the people have
no voice in levying the general tax fol
the support Of the government or in dis
bursting the proceeds when collected.
In every free government trial by jur!
is regarded as the palladium OF the I'D
ETY. Of the citizen indispensable 10 the
protection of life, liberty and property
Under the system of government W.
have established in the Philippines tria
by jury is unknown. The judges botl
find the facts and determine the law
In every free government the right o
petition to redress grievances and the
freedom of the press and OF individual
speech is regarded as Fsacred, and Il
either safeguarded in the Constitution
or in customs having the force of Con
stitutional authority. Under our cortro
in these islands it is crime to petition
and to demonstrate. Two newspaper
editors-both friendly to American occu
pation-have recently been arrested
there by order of the Taft Commission
and incarcerated for presuming to pub
lish, with approving comments, an ar
ticle criticising the Commission which
had already appeared in an American
journal.
When the editor of Freedom, one o.
these papers, was arraigned for trial the
| other day in Manila very remarkable
scene occurred. In this country we de-
mand that the judiciary shall be free
and Independent and shall take orders
from no one, being amenable only to con
science and the law of the land. Wher
this case was called, the presiding judge
showed a disposition to grant the defen
dant's motion for weeks delay, tina
he might get ready for trial. The prose
cutting attorney, appointed by the Taf'
Commission, representing that Commits
sion and speaking for it, boldly and de
family said to the court. in substance:
'You know the wishes of the Govern
ment in this matter, and / want to know
whether those wishes are to be carried
OUT That such a demand could bt
made of an American court should bring
the blush of shame TO every citizen ir
this country, where we proudly boast OF
an independent judiciary. Manifest!