direct administration over matters of general concern and such control only over the local governments as was necessary to secure and enforce faithful and efficient administration by local officers.

The municipal officers were to be selected by the people, and in the larger divisions loyal and competent natives were to be given the preference in appointment to office. It was recognized that in the first instance it would be necessary to fill many offices with Americans who after a time might be replaced by natives. As soon as practicable a system for ascertaining the merit and fitness of candidates for office should be devised.

The attention of the commission was directed especially to certain vital questions which required immediate consideration. Probably the most important was that of the claim of ownership by the monastic orders of certain large tracts of agricultural lands. These lands had by a decree of the Philippine Congress been arbitrarily confiscated. A thorough investigation was directed to be made of the titles of lands claimed by individuals or religious orders and of the justice of the claims and complaints of the people, to enable the commission to recommend some wise and peaceable measure for the settlement of the controversy. As far as substantial rights permitted technicalities were to be disregarded, but it had to be remembered:

"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 well the principle of our own Government which prohibits the taking of private property without due process of law shall not be violated; that the welfare of the people of the islands, which should be a paramount consideration, shall be attained consistently with this rule of property right; that if it becomes 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 extinguishment 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 religion shall be forced upon any community or upon any citizen of the islands; that upon the other hand no minister of religion shall be interfered with or molested in following his calling, and that the separation between state and church shall be real, entire, and absolute."

The system of education which had been inaugurated by the military authorities was to be promoted and extended, giving attention first to free primary education, which would fit the people for citizenship and the ordinary avocations of a civilized community. Instruction should be given in every part of the islands in the language of the people, but full opportunity should be given to all of the people to acquire the use of the English language. The subject of taxation was to be left for consideration by the civil government which was to be established under the auspices of the commission. In dealing with the uncivilized tribes the course followed by the United States in dealing with the American Indians was to be adopted. These wild people were to be allowed to retain their tribal organizations, subject to firm and wise regulations designed to prevent barbarous practises and uncivilized customs.

Until September 1, 1890, the commission was to devote its attention to these investigations. On that date the part of the power of the government which was of a legislative nature should be transferred from the military governor to the commission and be thereafter exercised by it under rules and regulations prescribed by the secretary of war until the establishment of a complete civil central government, or until Congress should otherwise provide. The legislative power thus conferred included the making of rules and orders having the effect of law for raising revenue by taxation, customs and imposts; the appropriation and expenditure of such funds; the establishment of an educational system and a civil service; the organization and establish

ment of courts, of municipal and departmental governments, and all other matters of a civil nature for which the military governor was then competent to provide by rules or orders of a legislative character.

The commission was also authorized to appoint such officers as it should provide for in the judicial, educational and civil service systems and in the municipal and provincial governments. This was a grant of a portion of the executive power. Until the complete transfer of control to the civil power the military governor should remain the chief executive head of the government and exercise the executive power not assigned to the commission, subject to the rules and orders enacted by the commission in the exercise of its legislative power. The municipal and departmental governments were to continue to report to the military governor and to be subject to his administrative control under the direction of the secretary of war. This control, however, was to be confined within the narrowest limits consistent with honest and efficient government, the maintenance of order and the protection of individuals. The military forces should be subject at all times to the call of the civil officers for the maintenance of order and the enforcement of their authority. Wherever civil governments were instituted such military posts and garrisons as the commander deemed requisite should be continued for the suppression of disorder.

This government was to be instituted in a country which was practically without what is commonly called native institutions, such as exist in India, China, Java and the Malay country generally. Such as originally existed had long since been displaced or radically modified by the Spaniards. Fortunately the reforms which the Filipinos had been demanding were in harmony with the fundamental ideas of government in the United States. What the Filipinos expressly desired in the way of reforms was what Americans would naturally expect to establish. Hence, the changes made by the new government were really much less radical than they appeared to the world.

The laws and customs of the natives were to be interfered

with as little as possible. Even their prejudices were to be respected. But they were to be made to understand that there are certain great principles of government which lie at the base of the American system and which are essential for the rule of law and maintenance of individual freedom. In all else America said:

"The law that ye make shall be law after the rule of your lands."

But there were certain practical rules of government which had been found essential for the protection of these great primary principles of liberty, and when these came in conflict with local customs and laws the latter must be set aside. Upon every branch of the government of the Philippines there was imposed the inviolable injunction:

"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 compensation; that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, to be informed 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 favor, and to have the assistance of counsel for his defense; that excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted; that no person shall be put twice in jeopardy for the same offense, or be compelled in any criminal case to be a witness against himself; that the right to be secure against unreasonable searches and seizures shall not be violated; that neither slavery nor involuntary servitude shall exist except as a punishment for crime; that no bill of attainder 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 government for a redress of grievances; that no law shall be made respecting an establishment of religion or prohibiting the free exercise thereof, and that the free exercise and enjoyment of religious profession and worship without discrimination or preference shall forever be allowed."

With the exception of those relating to trial by jury and the right to carry arms, substantially all the provisions of the Bill of Rights of the Constitution of the United States were thus to be respected in the Philippines.

The commissioners arrived in Manila on June 4, 1900, and were received with proper ceremonies by the military authorities and by representatives of the Filipinos. There was, however, a notable lack of genuine enthusiasm in their reception which might well have chilled the ardor of the newcomers. The Filipinos, while anxious to be relieved from the severities incident to military government, were not willing to commit themselves irrevocably to the uncertainties represented by the proposed civil government. Many interesting things might be written on the undisclosed pages of the book of Fate, and until they could see the page upon which the results of the coming presidential election, then but five months away, were recorded, they deemed it wise to be non-committal. The leading Filipinos were, therefore, formally courteous. The common people were sullen or indifferent. The American army's enthusiasm was confined strictly within the terms of the regulations.

Before entering upon the work of creating a government it was necessary for the commissioners to solve the more prosaic problem of habitations for themselves and their families. This was no easy task in the Manila of 1900. All the "palaces" were in possession of the generals, and an inspection of the available habitations tended to raise doubts as to the advantages of a colonial policy.23 Even the president of the commission seems to have had some misgivings as to whether the career of a great pro-consul was going to be as attractive as it had seemed from the other side of the Pacific.

But the commission soon learned to accept small favors with a respectful show of courtesy, as we find them reporting to the secretary of war that they had been courteously received and "after about a month" had been "furnished comfortable offices

23 Moses, Unofficial Letters of an Official's Wife, p. 5. Williams, The Odyssey of the Philippine Commission, p. 54.