CHAPTER IX
ADMINISTRATION OF JUSTICE
The supreme court of justice in the Philippines is the Audiencia established in Manila, which is the tribunal of appeal from the subordinate jurisdiction, and the consultative council of the Governor-General in cases of gravity.
The court is composed of seven oidores, or judges. The president takes the title of Regent. There are two government advocates, one for criminal, the other for civil causes, and a variety of subordinate officers. There are no less than eighty barristers, matriculated to practise in the Audiencia.
A Tribunal de Comercio, presided over by a judge nominated by the authorities, and assisted, under the title of Consules, by gentlemen selected from the principal mercantile establishments of the capital, is charged with the settlement of commercial disputes. There is a right of appeal to the Audiencia, but scarcely any instance of its being exercised.
There is a censorship called the Comercia permanente de censura. It consists of four ecclesiastics and four civilians, presided over by the civil fiscal, and its authority extends to all books imported into or printed in the islands.
There are fourscore lawyers (abogados) in Manila. As far as my experience goes, lawyers are the curse of colonies. I remember one of the most intelligent of the Chinese merchants who had settled at Singapore, after having been long established at Hong Kong, telling me that all the disadvantages of Singapore were more than compensated by the absence of “the profession,” and all the recommendations of Hong Kong more than counterbalanced by the presence of gentlemen occupied in fomenting, and recompensed for fomenting, litigations and quarrels. Many of them make large fortunes, not unfrequently at the expense of substantial justice. A sound observer says, that in the Philippines truth is swamped by the superfluity of law documents. The doors opened for the protection of innocence are made entrances for chicanery, and discussions are carried on without any regard to the decorum which prevails in European courts. Violent invectives, recriminations, personalities, and calumnies, are ventured upon under the protection of professional privilege. When I compare the equitable, prompt, sensible and inexpensive judgments of the consular courts in China with the results of the costly, tardy, unsatisfactory technicalities of judicial proceedings in many colonies, I would desire a general proviso that no tribunal should be accessible in civil cases until after an examination by a court of conciliation. The extortions to which the Chinese are subjected, in Hong Kong, for example – and I speak from personal knowledge – make one blush for “the squeezing” to which, indeed, the corruption of their own mandarins have but too much accustomed them. In the Philippines there is a great mass of unwritten, or at least unprinted, law, emanating from different and independent sources, often contradictory, introduced traditionally, quoted erroneously; a farrago, in which the “Leyes de Indias,” the “Siete partidas,” the “Novisima recompilacion,” the Roman code, the ancient and the royal fueros – to say nothing of proclamations, decrees, notifications, orders, bandos – produce all the “toil and trouble” of the witches’ cauldron, stirred by the evil genii of discord and disputation.
Games of chance (juegos de azar) are strictly prohibited in the Philippines, but the prohibition is utterly inefficient; and, as I have mentioned before, the Manila papers are crowded with lists of persons fined or imprisoned for violation of the law; sometimes forty or fifty are cited in a single newspaper. More than one captain-general has informed me that the severity of the penalty has not checked the universality of the offence, connived at and participated in by both ecclesiastics and civilians.
The fines are fifty dollars for the first, and one hundred dollars for the second, offence, and for the third, the punishment which attaches to vagabondage – imprisonment and the chain-gang.
Billiard-tables pay a tax of six dollars per month. There is an inferior wooden table which pays half that sum.
The criminal statistics of five years, from 1851 to 1855 present the following total number of convictions for the graver offences. They comprise the returns from all the provinces. Of the whole number of criminals, more than one-half are from 20 to 29 years old; one-third from 30 to 39; one-ninth from 40 to 49; one-twentieth from 15 to 19; and one-forty-fifth above 50.
They consist of 467 married, 81 widowers, and 690 unmarried men.
During the said period 236 had completed the terms of their sentences, 217 had died, and 785 remained at the date of the returns.
In the city of Manila there was only one conviction for murder in five years. The proportion of the graver offences in the different provinces is nearly the same, except in the island of Negros, where of forty-four criminals, twenty-eight were convicted of murder.
CHAPTER X
ARMY AND NAVY
The army of the Philippines, with the exception of two brigades of artillery and a corps of engineers which are furnished by Spain, is recruited from the Indians, and presents an appearance generally satisfactory. They are wholly officered by Europeans.
There are nine regiments of native infantry, one of cavalry, called the Luzon Lancers, and there is a reserve corps of officers called Cuadro de Remplazos, from whom individuals are selected to fill up vacancies.
There is a small body of Alabarderos de servicio at the palace in the special service of the captain-general. Their origin dates from A.D. 1590, and their halberds and costume add to the picturesque character of the palace and the receptions there.
There are also four companies called the Urban Militia of Manila, composed of Spaniards, who may be called upon by the governor for special services or in cases of emergency.
A medical board exercises a general inspection over the troops. Its superior functionaries are European Spaniards. Hospitals in which the military invalids are received are subject to the authority of the medical board as far as the treatment of such invalids is concerned. The medical board nominates an officer to each of the regiments, who is called an Ayudante.
Of late a considerable body of native troops has been sent from Manila to Cochin China, in order to co-operate with the French military and marine forces in that country. They are reported to have behaved well in a service which can have had few attractions, and in which they have been exposed to many sufferings, in consequence of the climate and the hostile attitude of the native inhabitants. What object the Spaniards had in taking so important a part in this expedition to Touron remains hitherto unexplained. Territory and harbours in Oriental regions, rich and abundant, they hold in superfluity; and assuredly Cochin China affords nothing very inviting to well-informed ambition; nor are the Philippines in a condition to sacrifice their population to distant, uncertain, perilous, and costly adventures. There is no national pride to be flattered by Annamite conquests, and the murder of a Spanish bishop may be considered as atoned for by the destruction of the forts and scattering of the people, at the price, however, of the lives of hundreds of Christians and of a heavy pecuniary outlay. France has its purposes – frankly enough disclosed – to obtain some port, some possession of her own, in or near the China seas. I do not think such a step warrants distrust or jealousy on our part. The question may be asked, whether the experiment is worth the cost? Probably not, for France has scarcely any commercial interest in China or the neighbouring countries; nor is her colonial system, fettered as it always has been by protections and prohibitions, likely to create such interest. In the remote East, France can carry on no successful rivalry with Great Britain, the United States, Holland, or Spain, each of which has points of geographical superiority and influence which to France are not accessible. One condition is a sine quâ non in these days of trading rivalry – lowness of price, associated with cheapness of transport. France offers neither to the foreign consumer in any of the great articles of supply: she will have high prices for her producers.
The maritime forces are under the orders of the commandant of the station. They consist of four steamers and one brig-of-war, six gunboats, and a considerable number of faluas (feluccas), which are employed in the coasting service and for the suppression of piracy.
CHAPTER XI
PUBLIC INSTRUCTION
Public instruction is in an unsatisfactory state in the Philippines – the provisions are little changed from those of the monkish ages.
In the University of St. Thomas there are about a thousand students. The professorships are of theology, the canon and civil law, metaphysics and grammar; but no attention is given to the natural sciences, to the modern languages, nor have any of the educational reforms which have penetrated most of the colleges of Europe and America found their way to the Philippines. In the colegios and schools what is called philosophy, rhetoric and Latin are the principal objects of attention. The most numerously attended of these establishments were founded two or three centuries ago, and pursue the same course of instruction which was adopted at their first establishment. There are several colleges and convents for women. That of Santa Potenciana was established under a royal decree, dated A.D. 1589, which requires that girls (doncellas) be received and taught to “live modestly” (honestamente), and, under sound doctrine, to “come out” for “marriage and propagation of the race” (hagan propagacion). There is a nautical school, of which I heard a favourable report, and an academy of painting, which has hitherto produced no Murillo or Velasquez. The best native works of art which I saw were two heads of the Virgin and St. Francisco, carved by an Indian in ivory, and which adorn the convent of Lucban, in the province of Tayabas. The good friars attributed to them almost miraculous virtues, and assured me that, though heavy rains preceded and followed the processions in which the images were introduced, a bright and beautiful sunshine accompanied them in their progress.
Among the novel objects that meet the eye in Manila, especially on the morning of religious fiestas, are groups of veiled women, wearing a dark mysterious costume, who visit the different churches. Their dress is a black woollen or silken petticoat, over which is a large shining mantilla, or veil, of a deep mulberry colour; others wear the ancient hooded Andalusian black cloak. There are the sisterhoods called the Colegialas de los Beaterios– religious establishments in which young women receive their education; some supported by “pious foundations,” others by voluntary contributions. The rules of these convents vary, as some of the nuns never quit the buildings, others visit the churches under the guardianship of a “mother;” in some it is permitted to the colegiala to join her family at certain seasons, and to participate in social enjoyments at home or abroad. These pay for their education sums varying from two to eight dollars a month, according to the regulations of the different beaterios, which have also their distinguishing costumes in some of the details, such as the colour of the lining of their dress. It is said there is scarcely a family of respectability in Manila that has not one daughter at least in a beaterio. In that of Santa Rosa the monthly pay is five dollars. Its inmates rise at five A.M., to chant the trisagio (holy, holy, holy), to hear mass and engage in devotion for the first part of the rosary till six; then to wash and dress; breakfast at half-past six; instruction from seven to ten; dinner at half-past eleven in the refectory; siesta and rest till half-past two P.M.; devotion in the chapel, going through the second part of the rosary; instruction from half-past three till half-past five; at the “oration,” they return to the chapel, recite the third part of the rosary, and engage in reading or meditation for half an hour; sup at eight P.M.; enjoy themselves in the cloister or garden till nine; another prayer, and they retire to their cells. In the beaterio of St. Sebastian of Calumpang the inmates rise at four A.M.: the pay is five dollars; but the general arrangements are the same as those described. In the beaterio of Santa Catalina de Sena they are not allowed to leave the convent. The pay is eight dollars: it has the reputation of superior accommodation, and less economical food. The beaterio of the Jesuits has about 900 inmates; but this number is much exceeded in Lent, when great numbers enter to perform their spiritual exercises. The pay is only two dollars per month; but much sewing and washing is done within the convent for its support. When the Jesuits were expelled, the direction of this beaterio passed to the vicar-general of the archbishopric.
The beaterio of Pasig is solely devoted to the reception of Indian orphans, and its founder required that they should be taught “Christian doctrine, sewing, reading, writing, embroidery, and other instruction becoming the sex.”
There are many charitable institutions in Manila. The Jesuits, afterwards expelled from the Philippines by Carlos II., founded several of the most important. The Hospital of San Juan de Dios has 112 beds; that of San José de Cavite 250, of which 104 are for soldiers, and the rest for paupers and criminals. There is an Administracion de Obras Pias, under the direction of the archbishop, the regent, and some of the superior civil authorities, which lends money to the Indians to the value of two-thirds of their landed property, one-half of their value on plate and jewellery, and insures vessels employed in the coasting trade. A caja de comunidad exacts half a rial (3¼d.) annually from the Chinese and Indians for the payment of “schoolmasters, vaccinators, defence of criminals, chanters, and sacristans of churches.” The fund is administered by the directing board of finance.
The history of the Hospital of St. Lazarus, under charge of the Franciscan friars, is not without interest. It was constructed for the use of the natives in 1578, was enlarged, and twice consumed by fire. In the year 1632, it received 15 °Christian lepers exiled from Japan, and thence took its present name. It was demolished by the captain-general in 1662, when the Chinese pirates menaced the capital, as it was deemed an impediment to the defence of the place. The inmates were removed; and another hospital was built, which was again destroyed in 1783, in consequence of its having been useful to the English in their invasion in 1762; but a few years afterwards the present edifice was built on lands which belonged to the Jesuits before the extinction of their society in the Philippines.
CHAPTER XII
ECCLESIASTICAL AUTHORITY
There are in the Philippines one archiepiscopal and three episcopal sees. The metropolitan archbishopric of Manila was founded by Clement VII. in 1595, and endowed by Philip II. with a revenue of 500,000 maravedis (= 200l. sterling). The bishopric of New Segovia was created at the same time with a similar endowment. The see is now (1859) vacant. The bishopric of Cebu was established in 1567, soon after the conquest of the island by the Spaniards. Nueva Caceres has also a bishop. The selection of candidates for these ecclesiastical honours has been generally left to the religious brotherhood who are most numerous in the district where there is a vacancy, and the candidate, being approved by the sovereign of Spain, is submitted to the Pope for confirmation. Some nominations have taken place where the bishop elect has not been willing to quit the mother-country for the colonies, which I was informed had caused the adoption of a resolution not to install a bishop until he has taken possession of his see. Most of the ecclesiastical authority is in the hands of the friars or regular clergy. There are proportionally few secular priests in the islands. The Dominicans and Augustine monks have large possessions, especially in the central and southern provinces; the Franciscans are most numerous in the northern. To the hospitality and kindness of the friars during the whole of my journey I bear a willing and grateful testimony. Everywhere the convents were opened to us with cordial welcome, and I attribute much of the display of attention on the part of the Indians to the reception we everywhere experienced from the Spanish padres. The Dominican monks have charge of the mission to Fokien, in China, and Tonquin.
The ecclesiastical records of the Philippines overflow with evidences of the bitter, and sometimes bloody, controversies of the Church with the civil authority, and with quarrels of the religious bodies among themselves. In the year 1710 the Dominicans declared themselves not subject to the jurisdiction of diocesan visits. One of their resolutions says: – “The provinces hold it for evident and certain that such visits would lead to the perdition of religious ministers, which is the opinion that has been for many years held by grave and zealous ecclesiastics and superior prelates who have dwelt in the province.” In 1757 the Augustine friars (calzados) were menaced with the confiscation of their property if they denied the supreme authority and the admission of parochial curates regularly appointed; and they resolved that such submission “would be the ruin of their institution and to the notable detriment of souls.” In 1767 Benedict XIV. published a bull insisting on the recognition of the metropolitan authority, which was still resisted by the Augustines. In 1775 a royal mandate was issued at Madrid insisting that all regular curates be submitted to their provincial in questions de vitâ et moribus, to the bishop, in all matters of spiritual administration, and to the captain-general as vice-regal patron. Whether the ecclesiastical police is better kept by the interference of the higher authorities, or by the independent action among themselves of the different religious orders, is a question much debated, but the substantive fact remains that the friar has an enormous and little-controlled influence in the locality of his cure, and that where abuses exist it is very difficult to collect evidence, and still more so to inflict punishment in case of his misdoings.
It cannot be denied that, in the language of Tomas de Comyn, “the missionaries were the real conquerors of the Philippines; their arms were not, indeed, those of the warrior, but they gave laws to millions, and, scattered though they were, they established by unity of purpose and of action a permanent empire over immense multitudes of men.” Up to the present hour there are probably few parishes in which the gobernadorcillo, having received a mandate from the civil authority, fails to consult the friar, and the efficiency and activity of the Indian functionary in giving effect to the mandate will much depend on the views the padre may take of the orders issued.
Religious processions are the pride and the passion of the Filipinos, and on great festivals they bring together prodigious crowds both as actors and spectators. The most brilliant are those which take place after sunset, when some thousands of persons carry lighted wax candles, and the procession is sometimes a mile long, composed of all the military and civil authorities and of the ecclesiastical functionaries, vying with each other in the display of their zeal and devotion. On these occasions splendidly dressed images of the various objects of veneration form an important part of the ceremonial. I was assured that the jewels worn by the image of Nuestra Señora de la Imaculada Concepcion on the day of her festival exceeded 25,000 dollars in value. Numerous bands of music accompany the show. One of the most interesting parts of the exhibition is the number of little girls prettily and fancifully dressed in white, who follow some of the images of the saints or the palio of the archbishop. One of the processions witnessed was forty minutes in passing, and of immense length, the whole way being lined with bearers of wax lights on both sides. There seems a rivalry among the religious orders as to whose displays shall be the most effective and imposing. The images are of the size of life, and clad in gorgeous garments encumbered with ornaments. They are borne on the shoulders of their votaries, occupying a platform, whence they are visible to the crowd.14
These religious ceremonials, so dear to, and so characteristic of, the Filipinos, are called Pentacasi. Everybody seems to take a part, whether within or without doors. All invite or are invited, and busy hands are engaged in making sweetmeats, preparing meats, or adorning apartments (with furniture borrowed from all sides, a favour to be reciprocated in turn), musicians are collected, strangers are sought for, and universal bustle pervades the locality.
“On the eve preceding the festival,” says a native author, describing what takes place in the neighbourhood of Manila, “the pueblo exhibits all the activity of preparation. In the streets, handsome arches are constructed of bamboo, covered with painted linen, and representing various orders of architecture; graceful drapery is suspended over the arch, which has sundry openings or windows, in which variegated lanterns are placed (an art taught, no doubt, by the Chinese, who possess it in perfection). Within the lanterns ornamented figures are kept in perpetual movement by the heated atmosphere. Nosegays of artificial flowers, groups of fruits, and various devices decorate the houses, and the local musicians serenade the priests and the authorities; while the whole population crowd the church for the vesper service. The dalagas (girls) prepare their gayest attire to take part in the procession, in which queens and saints and various scriptural personages are represented by the Zagalas or females of the leading families, in garments of velvet and gold, with all the jewels that can be collected – not that always the costume testifies to much classical or historical knowledge; it is, however, very gay and gorgeous, satisfactory to the wearers, admired and applauded by the spectators. Popular songs are sung to the music of the guitar, and the gaieties are carried on to the midnight hour. At eight o’clock on the following morning mass is attended, a sermon preached, a procession follows, and all retire to their dwellings to escape the heat of the day; but in the principal houses repasts are ready for any guests who may call, and a considerable variety of Indian dishes are laid out upon the table. At four P.M., the military arrive with their music, and generally the village musicians and the church choir assemble near the church, and welcome the many visitors who come from the capital. So great is the crowd of carriages, that they are not allowed to pass through the streets, but their occupiers quit them at the entrance of the pueblo, and make their way to the hosts who have invited them. A great number of Spanish ladies from Manila are generally seated at the windows to witness the busy scene. Not only are the streets crowded by the gaily dressed inhabitants, but multitudes of Indians come from the interior to take part in the festivity. The native authorities, preceded by music, then visit the various houses to collect the Zagalas, who come forth in their regal robes and crowns, with a suite of attendants. There is a great display of fireworks, rockets, and balloons, and the procession proceeds to the church. It is a grand day for the gallera, or cockpit, which resembles the bull-fight arena in Spain: it is filled to suffocation with noisy and excited actors and spectators; immense bets are laid; booths surround the place, where food and drink are sold, and among the delicacies roasted sucking-pigs abound. The procession usually starts at six P.M. All those who take part bear a lighted wax-candle: first, the children of the pueblo; then the soldiers; then the image of the Virgin, with an escort of veiled women; then the image of the saint of the day or of the place, the car drawn by a number of dalagas in white garments, bearing garlands and crowns of flowers, followed by the authorities and by the priest in his golden cope; then a military band and cavalry soldiers; then the principal Zagala, whose queenly train is borne by eight or ten Indian girls, in white garments, adorned with flowers. Other Zagalas, personifying the Christian virtues, follow – Faith, Hope, Charity, with their characteristic attributes. Sometimes there are cars in which scenes of Scripture are exhibited by living actors; others displaying all the fancies of devotees. The procession parades the streets till the night is far advanced; the images are then restored to the church, and other amusements begin. The principal guests are invited to an open, but temporarily erected building, handsomely curtained, and brilliantly lighted, in the centre of which is a large table, covered with delicacies, and ornamented with groups and pyramids of flowers. The first attentions are shown to the ecclesiastics, and then to the other visitors, according to their rank and position. The streets and houses being illuminated as the night advances, the principal inhabitants gather their guests together, and at ten P.M. there are displays of fireworks and balloons, in which the rivalry of the pyrotechnic artists of the capital have a fine field for exercise. Most of the pueblos around Manila have their festival days, and in the competition for giving glory to their local saints and patrons, they seek to outdo the capital itself. Santa Cruz, which is an opulent and populous locality, rejoices in the protection of St. Stanislaus, and outbids most of the rest for ostentatious show, in which the inhabitants of Manila take an active part. The Chinese have their day in celebrating St. Nicholas in Guadalupe. Tondo has its distinguished festivals. Binondo is great and gorgeous on the day of “Our Lady of the Rosary of Saint Dominic.” Sampaloc claims “Our Lady of Loreto.” Santa Ana worships “Our Lady of the abandoned ones” (de los desamparados). Pandacan has its gatherings in honour of “The sweet name of Jesus,” and its beautiful scenery adds to the attractions of the place. St. Sebastian processionizes its silver car, in which “Our Lady of Carmel” is conveyed in state. The suspensions caused by the rainy months, Lent, and a few other interruptions, are compensated by the extra ceremonials and festivities of the holy weeks, and other seasons of Catholic gratulation. The mere list of all these fiestas would occupy pages, and it was my good fortune to visit the islands at a time when I had an opportunity of witnessing many of these characteristic exhibitions.
The opulence of the individual monks, and of some of the monkish fraternities in the islands, has often and naturally been a subject of reproach. The revenues received by individuals are in many localities very large, amounting in remote districts to eight or nine thousand dollars a year, and much more, it is reported, in such populous pueblos as Binondo. Some of these communities also possess large tracts of land, whose management is superintended at periodical meetings held in the capital, when friars from the different provinces, and of the same brotherhood, are summoned to give an account of their stewardship, and to discuss the general interests of the fraternity. The accumulations of the friars pass to the convents at their death, but they have little difficulty in disposing of them while living.
It has been said that the policy of the friars in the Philippines is to conduct the Indian to heaven by a pathway of flowers. Little molestation will he experience from his ghostly father, if he be strict in his religious observances, pay his regular contributions to Church and State, and exhibit those outward marks of respect and reverence which the representatives of the Deity claim as their lawful heritage; but there are many thorns amidst the flowers, and drawbacks, on the heavenly road; and the time may come when higher and nobler aspirations than those which now satisfy the poor untutored, or little tutored, Indian, will be his rule of conduct.
The personal courtesies, the kind reception and multifarious attentions which I received from the friars in every part of the Philippines naturally dispose me to look upon them with a friendly eye. I found among them men worthy of being loved and honoured, some of considerable intellectual vigour; but literary cultivation and scientific acquirements are rare. Occupied with their own concerns, they are little acquainted with mundane affairs. Politics, geography, history, have no charms for those who, even had they the disposition for study, would, in their seclusion and remoteness, have access to few of its appliances. Their convents are almost palatial, with extensive courts, grounds and gardens; their revenues frequently enormous. Though their mode of life is generally unostentatious and simple, many of them keep handsome carriages and have the best horses in the locality; and they are surrounded generally by a prostrate and superstitious population, upon whose hopes and fears, thoughts and feelings, they exercise an influence which would seem magical were it not by their devotees deemed divine. This influence, no doubt, is greatly due to the heroism, labours, sufferings and sacrifices of the early missionaries, and to the admirably organized hierarchy of the Roman Church, whose ramifications reach to the extremest points in which any of the forms or semblances of Christianity are to be discovered. Volumes upon volumes – the folio records of the proceedings of the different religious orders, little known to Protestant readers – fill the library shelves of these Catholic establishments, which are the receptacles of their religious history.