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March 25, 1905.1
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from the outskirts of Manila to the northern- most point of Luzon, and to all the adjacent islands except those inhabited by the Moros.
Mr. John Barrett says: By the middle of Colober 1894, Aguinaldo hd ass mbled at Malolos a congress of one hundred men who would compare in behaviour, manner, dress and education with the average men of the better classes of other Asiatic nations, possibly including the Japanese. These men, whose ses-ion repeatedly attended, conducted themselves with great decoram and showed a knowledge of debate and parliamentary law that would not compare unfavourably with the Japanese Par.
liament." 44
From the foregoing extracts I think I have adduced sufficient evidence to prove that not only are the Filipinos capable of autonomy, but that they had an established government of their own, and I can bring, if necessary, further proofs to show that they administered justices preserved order, respected property, and that the
people, above all, were happy and contented with the new order of things.
Mr. Ireland apparently bases his arguments on the assumption that all races inhabiting the tropics are incapable of self-government, and that the Filipinos, being a tropical people, must come under the same category. A superficial acquaintance with the character of the native has led him into this mistake, and the "little brown brother remains a riddle as mystifying to him as he has been to his rulers.
In one essential feature the Filipino differs from every Asiatic people excepting the Japanese. Patriotism is with him a culta religion. Search every nipa but throughout the Islands; in every household you will find an image of the Virgin, and you will also find occupying a place of honour the portrait of Rizal, their murdered patriot, who symbolizes their loftiest ideals, the love of country, and the aspiration for freedom
hitherto unattainable.
Co-existent with that aspiration, there is reason to believe that they possess the latent ability to utilise its realisation for the good of the country. The Government of the United States with typical magnanimity is determined to give them a "square deal" in the matter of salf-government. The result nobody can foresee. Still, for the attainment of this object they have fought the Spaniards again and again, and they have taken up arms against the United States for the vindication of the same principle. The legitimate wishes of a people who can lay down their lives on the altar of such high ideals cannot be entirely ignored Spain made this mistake, and she forfeited the allegiance of her whilom subjects; the United States in
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CHINA OVERLAND TRADE REPORT. | people, I am of opinion that it is the only policy that will qualify the Filipinos to assume the direction of their own affairs according to American standards, thus paving the way for permanent peace in those lovely but unfortunate I lands.-Yours, etc.
F. MONTALTO DE JESUS.
A QUESTION
205
Mr. Wilkinson-By- arrangement with my— friend.
His Worship-No arrangement with your friend concerns me.
Mr. Taylor called as a witness Mr. A.-J. Williams, the general agent for Messrs Panchard, Lowther and Company. He mid- We are in the habit of using cargo boats with.. out licenses. These boats belong to the Lords OF OWNERSHIP. Commissioners of the Admiralty.
Mr. Taylor-Who paid for them ? Mr. Wilkinson-I object.
Mr. Basil Taylor (Assistant Harbour Master and Deputy Superintendent of Police) sum- moned the Secretary of Messrs. Punchard, Lowther and Company for using an unlicensed boat for purposes other than for pleasure. Mr. Wilkinson (of Messrs. Wilkinson and Grist) appeared for Messrs. Punchard, Lowther and Company,
Mr. Hazeland (police magistrate, to Mr. Wil-
kinson)-Do you plead guilty or not guilty?
Mr. Wilkinson-I do not plead. Such a person as the Secretary of Punchard, Lowther and Company does not exist. In the first place I wish to point out that the charge is not an offence under the laws of the Colony, and it seems that it does not charge any person liable under the Shipping Ordinance.
His Worship-I do not like this mode of pro- cedure. You must plead guilty or not guilty. Mr. Wilkinson-I appear for Messrs Pan- chard, Lowther and Company, who are being constantly worried and harassed by-
Hi Worship-This is very irregular.
Mr. Wilkinson-Well if I say that no such person as the Secretary of Messrs. Punchard, Lowther and Company exists, the summons must be dismissed, and the matter will come before you in another form. But we are prepared to assume that the summons is against Messrs. Panchard, Lowther and Company.
His Worship-That would only be an amendment.
Mr. Wilkinson-We say that Messrs. Pun chard, Lowther and Company are not liable under the Ordinance, and no one is charged with the offence. Assuming that the summons is against the partners of Messrs. Punchard, Lowther and Company it charges no one with any offence recognised by the laws of this Colony, and the partners are not persons liable under the provisions of the Ordinance to be prosecuted.
Mr. Taylor-I think the defendants will allow that there is no question about the desir- ability of having these boats licensed. The only point raised will be the question of ownership.
Mr. Wilkinson-I think I could get your Worship to dismiss this case in a few minutes, but I do not wish it to come before you in another form. What we want is to have done with it.
their early relations with the Filipi os dangled, the toy of independence before the dazzled eyes of their new charge, and then withdrew it. A war that lasted for years ensued, and although His Worship-This is very irregular. Mr. by sheer force the insurrection has been sup- Taylor, you should put some name in the pressed, the embers of rebellion are still summons. You say the Secretary; are you smouldering.
prepared to prove that the Secretary used this boat.
Mr. Ireland naively refers to the great number of "outlaws" killed or captured by the Philippine Constabulary during recent years, although he attributes this state of lawles-ness to causes far different from what
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Mr. Taylor-As a matter of fact, I am not responsible for this summons. It was not made
out by me.
not.
Mr. Taylor-I was under the opinion that the summons was against the firm.
Mr. Wilkinson-Put anyone to save time. His Worship The onus is on you Mr. Taylor to prove that Messrs Punchard, Lowther and Company used the boat. You say the Secrtary used the boat.
Mr. Taylor-I understand that there is no such person.
His Worship Well some one must be respon I imagine them to be. You may call ansible; you must either say you are responsible or "insurrecto B "ladrone" or "outlaw". By any name he would not smell sweet, but it does not alter the fact that the people have not submitted with good grace to the new régime.
It is not my province to criticise the sets of the American Government, nor to examine the causes of the apparent failure of the United States in governing their new possessions. The root of the evil lies deeper than Mr. Ireland's lancet has probed. Nor can I agree with him that the present state of affairs would be improved if America were to profit by the experience of other colonising powers, and slavishly adopt their methods. Conditions that exist; in other tropical countries. may be entirely different from those that obtain in the Islands, and measures that are salutary in one may not be applicable in the other. In one respect America has benefited by the experience of a colonising nation. She has avoided the fatal mistakes that cost Spain her fairest possessions, and has learned that tyranny and oppression are fruitful of disaster.
In conclusion, so far from differing from the policy of the United States in spending senormou sums upon the education of the
His Worship-Well, you appear now in the capacity of a policeman. You can apply for an amendment. I think t'e best thing in these cases is not to object to the firm being summon- ed, and then you can put forward as a witness any member of the firm.
Mr. Wilkinson-I consent to an amendment
to that effect.
His Worship-If you plead not guilty the onus is on the prosecution to prove that you did use the boat without a license.
Mr. Wilkinson-I plead not guilty to any offence, but to assist my friend, who is not prepared to prove his case, now, I will make admissions.
His WorshipI do not understand how you can,
Mr. Taylor-I-think I have a right to put that question.
him as a hostile witness.
His Worship-All right, and I shall regard
Witness-Messrs. Punchard, Lowther, and, . Company paid for them,
Mr. Taylor-When the work is finished to whom will the lighters belong?
Witness-To Messrs. Panchard, Lowther
and Company.
Mr. Taylor-Without Admiralty?
payment to the Witness-That question must not be answer- ed till the forms of contrast are wound up.
Witness continuing-Three weeks ago saw you on behalf of Messrs. Punchard, Lowther and Company. recollect the conversation. I complained that our junk
without warning, and that the police were going on
molested
previous board the boats, I did not tell you that if warning had been given I would have taken out licenses. I swear it. I did not tell you that these cargo boats had the name of the firm painted on them.
men were
Cross-examined-These boats were purchased especially for the work of building the Ad- miralty Dock. They have never been used for any purpose other than the Admiralty. The firm of Panchard, Lowther and Company do only Admiralty contracts in this Colony.
boats do belong to the Lords Commissioners of Mr. Taylor-I admit theoretically that these the Admiralty.
Mr. Wilkinson-All plant, appliances and everything used for the purposes of the Admir- alty contract, under the contract, are absolute property of the Admiralty
Cross-examined-The "defendant firm, were desirous that licenses should be obtained to
avoid further trouble, but the Admiralty clause being altered-he had not the authority superintendent said he could not consent to the.. to enable the firm to become the owners of the lighters.
Mr. Wilkinson-The lighters were par- chased by Messrs. Punchard, Lowther and Company, as servants of the Admiralty.
Re-examined-The firm's name is not on the lighters and never was.
His Worship, (to Mr. Taylor)-Do you deny that boats come within the word "plant” in the Admiralty contract.
Mr. Taylor-No, I admit that theoretically the boats are the property of the Admiralty.
Mr. Wilkinson-This summons charged him with "using"." There is nothing. in the Ordinance with reference to that. The law
requires a dog to be licensed, but it is no offence to use & sporting dog which
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has not been licensed. My alients are desirous not to have BUY
trouble with the Government. They would not be permitted by the Lords Commissioners of the Admiralty to make an application for a licence; and this rule was never intended to apply to any depart ment of the Imperial Government. My friend is quite right to desire to have this matter threshed out. The only vessels exempt by the Ordinance are H.M. ships of war, and the ships. of war of friendly nations, but the question-is- whether the rule was ever intended to apply to such craft. The regulation requires boats to go to certain anchorages, and these boats : could not possibly do that. Army Ordinance boats are not licensed, nor are the boats used for taking coal to war ships. The Harbour Master, under the regulations, has ample control over these boats without them being licensed. We most certainly have not committed any offence, and if we have, wo,aro, absolutely powerless..
In conclusion His Worship said :-I will look through the Ordinance and see if the defendants have committed any offence. I adjourniške summons sing die.
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