rather than by our own, we shall learn how best to serve them and how soon it will be possible and wise to withdraw our supervision." 1

1

78. (The Jones Law. The final step toward Filipino autonomy was taken with the passage of the Jones Law on August 29, 1916. This law is also sometimes called the Philippine Autonomy Act, because of the autonomous powers it confers on the Filipino people.

The Jones Law may be said to be the culmination of the different governmental steps taken by the American Government from the time of President McKinley, when he enunciated the policy of teaching the Filipinos the science of

self-government.) (The purpose of the measure, as explained in its preamble, is "to place in the hands of the people of the Philippines as large a control of their domestic affairs as can be given them, without, in the meantime, impairing their exercise of the rights of sovereignty by the people of the United States, in order that, by the use and exercise of popular franchise and governmental powers, they may be the better prepared to fully assume the responsibilities and enjoy all the privileges of complete independence.”)

That the Filipino people also expected a substantial amount of autonomy under the Jones Law was shown by the attitude of their representative in Congress during the discussion of the measure. Resident Commissioner Quezón, on August 19, 1916, said on the floor of Congress: "Heretofore we have been the least and the last factor in Philippine affairs. Hereafter we shall be the first and most important factor. Heretofore things were done by the Philippine Government not only without the consent but on many occasions against the strong opposition of the Filipino people. Hereafter nothing will be done without our consent, much less in defiance

1 Message to Congress, Dec. 2, 1913, Congressional Record, vol. 51, page 45.

of our opposition. So I say, Mr. Speaker, this bill is a long and a very decisive step toward the complete emancipation of the Filipino people. It marks an epoch in our national history. We are convinced that the promise of independence contained in the bill will be faithfully fulfilled, for we know that we are dealing with a Nation in the true sense jealous of its honor and its good name." 1

1 Congressional Record, vol. 53, page 12839.

CHAPTER IX

THE ORGANIC LAW OF THE PHILIPPINES

79. Organic Law Defined. Organic law is the fundamental law or constitution of a state, written or unwritten. It is the law or system of laws which establishes the government and defines the relations of the individual to it. It is above all other laws.

Constitutions may be written or unwritten. The English constitution, for instance, is said to be unwritten because it is not found in any definite document, but is composed of many traditions, judicial decisions, and statutory laws. The organic law of the United States is the United States Constitution; that of a state of the American Union is the United States Constitution and the state constitution.

What is the organic law of the Philippines? That is, what is that fundamental law which is above the municipal, the provincial, and even the Insular Government? This is what we propose to discuss in this chapter.

After the acquisi

80. The United States Constitution. tion of the Philippines by the United States, the legal question was raised as to whether the mere fact of acquisition carried with it the extension in its full force of the Constitution of the United States. In other words, the question was, whether, after the ratification of the Treaty of Paris in 1899, the Philippine Islands became subject to all the provisions of the American Constitution as any territory or state of the Union. This point was settled in the so-called Insular Cases. The

Supreme Court of the United States decided that the mere fact that the Philippines was acquired by the United States did not mean that the Constitution of the United States was in effect in the Islands.) To use a popular phrase, “the American Constitution did not follow the flag to the Philippines."

In some cases, however, it has been held by competent authorities that while the American Constitution did not go into effect in the Philippines as a whole, there are some provisions of it which, because of their universal application, must necessarily be in effect in the Philippines. These are the provisions of the American Constitution which specifically provide that they shall be in effect everywhere under the American flag. One example of this is the Thirteenth Amendment to the American Constitution. It reads:

"Sec. 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

"Sec. 2. Congress shall have power to enforce this article by appropriate legislation."

It seems clear that the framers of this Amendment meant to extend its provisions to any place subject to the jurisdiction of the United States. One source, therefore, of the organic law of the Philippines is that part of the Constitution of the United States which extends to the Philippines in the same manner as to any territory or state in the Union.

81. Treaties of the United States. Another source of the organic law of the Philippines can be found in the treaties of the United States.

The Treaty of Paris of 1899 and the additional treaty for the cession of certain small islands must necessarily be a

part of Philippine organic law. Besides the Treaty of Paris, there are also other treaties which apply in the Philippines, like the Universal Postal Convention, which included the Philippine Islands. The treaty between the United States and China restricting Chinese immigration to American territories is also enforced in the Philippines. In fact, it can be said that all treaties of the United States with foreign powers are effective in the Philippines, because the United States has negotiated them as a governmental unit representing all its territories and possessions,

82. Orders of the President. Before Congress assumed authority over the Philippines, as we have learned,1 the President of the United States had complete control of the government here. His executive orders then were in the nature of organic laws for the Philippines. Hence his instructions to the first and second Commissions and his appointment of the Military Governor in the Philippines were fundamental laws. Most of these orders are, however, now obsolete. 83. Acts of the Congress of the United States. - We have mentioned some portions of the United States Constitution, the treaties of the United States, and certain orders of the President as sources of the supreme law of the Philippines. But the greatest source is the Acts of the Congress of the United States.

When Congress assumed control of the Philippines, it ratified the orders of the President issued in his capacity as the military Commander-in-Chief of the United States. Then it began its task of legislating for the Philippines. Not all laws, however, which it enacts are applicable to the Islands. In fact, the first section of the Philippine Bill of 1902 and Section 5 of the Jones Law provide that no law of the United States shall apply to the Philippines unless it is specifically

1 See section 60.