The PHILIPPINES To theEnd of the Miliiary Regime CHARLES B.ELLIOTT 4J^»^: THE PHILIPPINES COPYRIGHT, CLINEDINST THE PHILIPPINES To the End of the Military Regime AMERICA OVERSEAS By CHARLES BURKE ELLIOTT, Ph.D.,LL.D. Author of THE LAW OF PRIVATE CORPORATIONS Former Member United States Philippine Commission, Secretary of Commerce and Police in the Gov- ernment of the Philippines, Associate Jus- tice of the Supreme Court of the Philippines, Associate Justice Supreme Court of Minnesota PREFATORY NOTE BY ELIHU ROOT Ptrtraits In Photogravure INDIANAPOLIS THE BOBBS-MERRILL COMPANY PUBLISHERS IC^^^vfm'^ \AJUb^ Copyright 1916 BY Charles Burke Elliott PR(88 OF BRAUNWORTH Jr CO. ■OOK MANUFACTUREM BROOKLYN, N. V. By acknowledging and accepting the Sovereignty of the United States throughout the entire Archipelago, as I now do without any reservation whatsoever, I be- lieve I am serving thee, my beloved Country, — Emuio Aguinaldo. How weary a step do those take who endeavor to make out of a great mass a true political personality. ^Edmund Burke. To my friend SIR FREDERICK DEALTRY LUGARD G.C.M G.. D.S.O., D.C.L. GoverncMT-General of Nigeria, Soldier and Colonial Administrator PREFATORY NOTE Other matters of critical importance have engrossed the inter- est of the people of the United States in recent years to such a degree that we have been losing rather than gaining in our knowl- edge of affairs in the Philippine Islands. When the dramatic incidents of war had ceased to furnish material for striking news items and new issues had superseded the political and Anti-Im- perialist controversies of our early occupation we ceased to hear or to think very much about what was going on in that distant part of the world. That is not strange in view of the preoccupation of our domestic politics, of Mexican affairs, and of the great war in the Old World; but it is a condition which ought not to continue. The question whether it was wise or unwise for the United States to take title to the Philippines and assume the burden of government there no longer calls for consideration. We did take the Philippines. We acquired the rights and undertook the du- ties of sovereignty. We declared a trust for the benefit of the people of the Islands. We are committed to the undertaking. Self-respect requires that we should discharge the obligations that we have assumed. We can not relieve ourselves from them except in one way, and that is by carrying our performance to such a point that our cestuis que trustent will be competent to take care of themselves. When that point is reached we can resign the trust with credit; but not until then. This is not a new view. It is the view with which we began. We took a po- sition at the very outset removed as far as possible from the old ideas of colonial exploitation of which Java has been the most long continued and conspicuous illustration. We declared our adherence to the most advanced modem view of colonial rela- tions — the view that the good of the colony is to be the primary consideration in all administration. We did what is rather a remarkable thing for any people to do. We took the same view Prefatory Note of rights and duties when we became sovereign and the Filipinos colonists that we did in the time of the American Revolution when we were colonists and Great Britain was sovereign. We did not stop there. We undertook to go a little farther than other countries had gone and to make the first consideration in our government of the Islands the training of the inhabitants in the difficult art of self-government so that they would as soon as possible become competent to govern themselves instead of being governed by us. Accordingly one of the first things that we did was to send over teachers by the shipload — thousands of them — and to establish schools all over the Islands. And then we provided a form of government under which the Philippines should receive what may be called clinical instruction in admin- istration and in the application of the principles which we con- sider vital to free self-government, and we provided that, step by step, just as rapidly as they became familiar with the institu- tions of free government and capable of continuing them, the powers of government should be placed in their hands. I am sure that this view of suitable treatment of the Philippines so long as we are to be in the Islands at all commends itself to the best intelligence and the practical idealism of the American peo- ple. If we carry it through successfully it will result in great credit to our country throughout the world ; but we can not fail in it, whether by our own misconduct or by weak abandonment of the duty we have undertaken, without being greatly discred- ited throughout the world. One peculiarity of having colonial affairs to deal with in these times is that the country which ex- ercises control over a colony is always itself on trial in the public opinion of mankind. The people of a country can make a thou- sand mistakes about their own internal affairs and recover from them as best they may, and very few people outside the country know or think anything about it. The treatment of a colony, however; success or failure in establishing good government there; in producing peace and prosperity and human progress there — ^all the multitude of facts involved in this success or fail- Prefatory Note ure constitute a simple, concrete whole of which the world takes notice and upon which the ruling country is judged. More im- portant still probably is the effect upon national self-respect and patriotism of doing such a piece of work well or making a dis- creditable failure in it. As I look back over American administration in the Philip- pines from the Treaty of Washington in the spring of 1899 down to the close of the Taft Administration in the spring of 1913, I think the American people are entitled to say to themselves that their work was well done. We maintained in the Islands a very able and honest government which constantly and effect- ively kept in view the very high standard of purpose with which we began. By limiting this statement to the end of the Taft Administration I do not mean to imply that I think any differ- ently of our administration since that time. I simply do not know enough about it since then to make an assertion one way or the other. The time during which I knew about the Philippine government covers the first fourteen years, and as to that time I say that the people of the United States ought to be proud of their government in the Philippines and grateful to the men and women who reflected credit on their country by giving their strength and lives to that public service. It is idle, however, to expect that kind of service to continue indefinitely if nobody at home cares or knows anything about it. The service will inevitably deteriorate and become a source of painful discredit if the people of the United States do not keep themselves sufficiently informed about what is being done in the Philippines and sufficiently interested in it to make service there the basis of reputation here. The standard of service will in- evitably be lowered and the best men will refuse it if the people in the United States become so ignorant and indifferent that there is no way of discriminating between just criticism upon a bad officer and that detraction to which faithful service is always subject, or between just condemnation and the fulsome praise which is dictated by policy and a desire to curry favor. Comip- Prei^atory Note tion and abuse will creep into any official service that is not sub- ject to be inspected and called to account. If the people of the United States wish to have good government carried on in the Philippines and to have their duties there discharged in a cred- itable way they must take an interest in that government and watch it. Moreover, there are serious questions about the Philippines to be determined, not by the Filipinos or the local government, but by the people of the United States. The question to what extent the natives are showing themselves competent to carry on government; when we ought to consider that our task has been so far performed that we are at liberty to turn the Islands over to the control of the natives ; what measure of protection we shall accord to them thereafter, if any; what reservations, if any, will be necessary to make any such protection to them con- sistent with our own safety, such, for instance, as the provisions of the Piatt Amendment regarding Cuba. All these questions are of great importance to the people of the United States as yjeW as to the people of the Philippine Islands. We ought not to decide them without knowledge — ^and that knowledge to be really useful must be acquired not at the moment when the ques- tions have to be decided, but through keeping up a familiarity with the government of the Islands as we go along from year to year. The American people have had some very serious les- sons to teach them the truth that self-government is an art to be acquired and that it is a terrible evil for a people to have im- posed on them a form of government which it is beyond their capacity to carry on. We gave the ballot to the Blacks of the South at the close of the Civil War upon the theory that if they had an opportunity to vote they would be self-governing; and we made a ghastly failure of the experiment and inflicted great injury upon the Blacks themselves because our theory was wrong. We have now a distressing illustration in Mexico of the evils which can befall the people who are relieved from the restrictions of one form of government before they have become competent Prefatory Note to establish another. In the Caribbean we have been proceeding upon an entirely different theory as illustrated by the Piatt Amendment with Cuba and the San Domingo treaty. This the- ory is that the best service we can render to the peoples whom we wish to benefit is to help them to acquire the art of self-gov- ernment. This is the theory upon which we are proceeding in the Philippines, but the application of such a theory requires knowledge and genuine interest and S3nnpathy, and these quali- ties ought to characterize the relations of the people of this coun- try to the people of the Philippine Islands. I think that the book by Judge Elliott to which this is a prefa- tory note will be very useful in making the people of the United States better acquainted with the Filipinos and with our govern- ment there. The Judge's long service upon the Bench of the Supreme Court of the Islands and as a member of the Philippine Commission and Secretary of the Department of Commerce and Police gave him special facilities for observation and sound judg- ment regarding men and affairs in the Islands, and it seems to me that he has availed himself of that opportunity with the im- partiality and thought fulness which have characterized his pre- vious valuable work. EuHU Root. August 8th, 1916, ACKNOWLEDGMENT Throughout the preparation of these pages I have been very fortunate in securing the cheerful cooperation and generous as- sistance of many of my friends and former colleagues in the Philippine government, as well as of others who are familiar with the subject treated. To acknowledge my indebtedness in detail would consume far more space than is available. It is possible to mention only a few of those who, with counsel and labor, have rendered me invaluable aid during the years which the writing has consumed. I am indebted to Honorable Elihu Root for many courtesies and particularly for the prefatory note. Admiral of the Navy George Dewey was kind enough to sup- ply me with certain valuable information which I could have obtained from no other source. Brigadier-General Frank Mclntyre, U. S. A., Chief of the Bureau of Insular Affairs at the War Department, and his as- sistants have invariably responded with unfailing kindness to my many calls upon them for information. To my son. Lieutenant Charles Winslow Elliott, Thirty-Sixth United States Infantry, I owe much of the material embodied in the chapter on the Moros. The proofs of that chapter were very kindly read by Lieutenant-Colonel John P. Finley, Fourth United States Infantry, who was for many years Governor of the District of Zamboanga in the Moro Province. A recognized authority on Moro life and customs, he made many valuable suggestions and important corrections. To my wife, without whose constant encouragement and active assistance the work would never have been completed, I acknowl- edge my deepest obligations. Mackinac Island, C. B. E. August 25th, 1916. CONTENTS INTRODUCTORY CHAPTER I PAGE The Theory and Practise of Colonization 1 Problems of Modern Colonization — Changing Theories — Develop- ment of Backward Races — American Theories — Political and Eco- nomic Growth — Ancient Colonization — Nature of Greek and Roman Colonies — The Middle Ages — Spanish, Portuguese and French Colo- nization — English Methods and Theories — The New Era — Develop- ment of the Tropics — New French, Italian and German Colonization — Modern Native Policies — Recognition of Obligations — Queen Vic- toria's Proclamation of 1858 — ^The Self-government Principle in India and Egypt — Moral Justification for Western Rule — The United States in the Tropics — Recognition of Duty to the Natives — Their Political Development — European Criticism — Controlling Principles — Education of the Natives — Attitude Toward Native Aspirations — Policy Not Repressive. PART I The Land and the People CHAPTER II The Phiuppine Archipelago 63 Location — Number and Extent of the Islands — Configuration- Character of the Coasts — Rivers — ^Underground River — Mountain Streams — The Rainfall — Location of Cities — Mountains and Forests — Volcanoes — Earthquakes — Coast Line — Ocean Currents — Faima and Flora — Minerals — Fish and Fishing — Climate. CHAPTER in The Native Peoples . 80 Non-Christians and Filipinos Varieties of People — "East is East and West is West" — Extent to Which This Statement Is True — Classification of the Inhabitants- Aborigines and Malays and Subdivisions of Each — The Negritos ^Various Tribes of Wild Men — Head-Hunting— The Beginnings of Civilization — The Filipinos — The Seven Groups — ^Various Opinions as to Their Characteristics. CO'tiTENTS— Continued PAGE CHAPTER IV The Native Peoples 114 The Moros A Special Problem — The Designation More— The Different Tribes — Their Warlike Character — Running Amok — Weapons — Moro Forts — The Language and Books — Varying Habits — Physical Char- acteristics — Dress and Ornaments — Temperate — The Betel Nut Habit — Houses — Polygamy — Tribal Government — Slavery — Schools — Their Religion — Burial Customs — Their Industries — Power of Datus — The Moro Laws and Courts — Penalties — Old Customs Slowly Being Abandoned. PART II The Historical Background CHAPTER V Discovery and Conquest 137 A Half-Century of Accomplishment Route to the East — Struggle Between Spain and Portugal — Appeal to the Pope — The Demarcation Bulls — Treaty of Tordesillas — Ferdi- nand Magellan — Extension of Demarcation Line around the Globe — The Circumnavigation of the Globe — Discovery of the Phil- ippine Islands — The Junta of Bandajos and the Treaty of Saragossa — Voyage of Villalabos and Naming of the Islands — Andreas de Urdaneta — Expedition Under Legaspi — Mohammedism in the Phil- ippines — Conquest of Luzon and Founding of Manila — Death of Legaspi — Expedition of Salcedo — Limahong's Expedition against Manila — Expedition to Borneo — The Conquest Completed and Gov- ernment Established — Missionary Character of the Enterprise — Pro- prietary Government — Salazar and the Appeal for Reform — San- chez Sent to Spain — Reorganization of Affairs — Salazar the First Archbishop — ^The End of the Constructive Era. CHAPTER VI Two AND One-Half Centuries of Stagnation 160 Loss of Energy-^Quarrels of Officials — Character of Governors — Financial Difficulties — Governor Corcuera and Archbishop Guerrero — Salcedo and Pobleta — ^Vargas and Pardo — Difficulties of Reform- ers — Ferdinand de Bustamente — Capture of Manila by British — Archbishop Roja and Simon de Anda — The Indemnity and the Dis- honored Drafts — A Friar's Opinion of Governor Torre — Chinese Uprisings and Massacres — Moro Raids — ^The Obras Pias — An En- terprising Governor — The Liberal Movement in Spain — Representa- tion in the Cortes — Discontent — Description of Conditions by Mas and Matta. CONTENTS— Continued PAGB CHAPTER VII The Awakening and Revolt 182 A New Era — Changing Conditions — Attack on Monastic Orders — Revolts and Insurrections — The Cavite Revolt — Execution of Native Priests — The Movement for Reforms — The Propaganda Abroad — Jose Rizal — The Idea of Independence — Insurrection of 1896 — The Katipunan — Execution of Rizal — ^The Pact of Biak-na-bato — De- parture of the Leaders. PART III The Spanish Colonial System CHAPTER VIII The Governmental Organization 211 Literary Theories of Government — Theory and Practise — The Min- ister of Ultramar and the Conscja de Filipinas — The Chief Execu- tive — The Board of Authorities and the Council of Administration — The Audiencia — The Residencia — The Ecclesiastical System — The Monastic Orders — Powers of the Friars — Conflicting Opinions of Their Work — The Inquisition — ^The Provincial Governments — Prov- inces and Pueblos — Organization of Municipalities Under Maura Law. CHAPTER IX Legislation, Codes and Courts 232 Sources of the Law — The Laws of the Indias — Extension of Penin- sular Laws to Philippines — The Ancient Spanish Codes — The Fuera Jusgo — Siete Partidas — La Nueva Recopilacion — The Prelation of Laws — The Modem Codes — The Judicial Tribunals — The Audiencia — Its Organization and Powers — The Provincial Courts — The Courts of First Instance — Justice Courts — Ecclesiastical, Military, Treasury and Contentious Courts — The Judicial Personnel — Unsatisfactory Procedure — Popular Dissatisfaction with the Courts. CHAPTER X Taxation and Revenue 249. The Tax System— Direct Taxes— The Tribune— Abolished in 1884 — The Cedula Personal — Special Provisions for Chinese — The In- come Tax — Indirect Taxes — Customs Duties — Classification of Goods — Rates Levied — Certain Special Charges — Monopolies — Stamps, Cockpits, Lotteries, etc. — The Tobacco Monopoly — Govern- ment Receipts and Disbursements. CONTENTS— Co«fmuei CHAPTER XI Personal Status and Trade Restrictions ......... 270 Classification of Residents — Restrictions — Status of Natives — Slav- ery Forbidden by Law — The Tribute and Its Collection — The En- comiendas — A Sort of Slavery — Restrictions on Commerce — The Galleons — Japanese and Chinese — Segregation and Regulation of Chinese — Massacres — Effect of the Restrictive System on Character of the Natives. PART IV American Occupation and Change of Sovereignty CHAPTER XII The Capture of Manila 28S> Conditions in 1898 — Means of Defense — Opinions as to Relative Power — Dewey at Hong Kong — And Mirs Bay — Localizing a War — Spanish Preparations at Manila — Destruction of the Spanish Fleet —At Anchor on the Battle-field— New Problems for the Govern- ment — Attitude of Foreign Naval Officers — The Germans — The Filipinos Disloyal to Spain — Arrival of American Troops — Camp Dewey — The Military Situation — Delaying the Attack — Plan for Painless Extraction of Spaniards — Night Attacks — Demands for Surrender — Capture of the City — Terms of Capitulation — The In- surgents and Their Claims — Conflict Avoided — ^The Materiel Cap- tured. CHAPTER XIII The Peace Protocol and the Treaty of Paris 319 Spain Sues for Peace — Negotiations Through French Ambassador — The Protocol — Status of Spain in Philippines — Effect of the Capitulation — The Peace Commissioners — Opening of Conference — Uneasiness about Philippines — Spanish Preliminary Demands — Pro- posals for Treaty — Assumption of Sovereignty over Cuba — The Colonial Debts — Refusal of United States to Assume Debts — Orig- inal Instructions as to Philippines — Growth of Sentiment in United States — Investigations by Commission — Conflicting Opinions — Final Instructions — Claim of Conquest — The Philippine Public Debt — Continental Sentiment Favors Spain — British Attitude — Offer of $20,000,000 — Spain Accepts America's Terms — Certain Minor Issues — The Treaty — Purchase of Additional Islands — ^The End of a Colo- nial Empire. CONTENTS— Conh'»«