Friday, November 12, 2010

May 22, 1899 - Attempted Peace Talks

Manila, May 22, 1899

American Representatives - President Jacob Gould Schurman, in the chair; Col. Charles Denby and Prof. Dean C. Worcester, commissioners; and Mr. John R. MacArthur, secretary.

Philippine Representatives - Señor Gracio Gonzaga, Señor Gregorio del Pilar, Señor Alberto Barreto, Capt. Lorenzo Zialcita.


     President SCHURMAN. Will you have the goodness to state from whom you come, gentlemen.

     Señor GONZAGA. We are emissaries of Gen. Emilio Aguinaldo.

     President SCHURMAN. Of course, you understand we do not recognize any government in the Archipelago except the Government of the United States.
(To this statement Señor Gonzaga and his companions made no reply, but bowed.)
Nevertheless, we are exceedingly glad to meet such distinguished gentlemen and converse with you on the situation here.

     Señor GONZAGA. Many thanks.

     President SCHURMAN. Our commission has something authoritative to say from the President of the United States.

     Señor GONZAGA. Our commission has the honor to salute the American commission and fulfill its duty in doing so, and also wishes, on the part of General Aguinaldo, to state that the General is anxious to finish this war; that he knows that war is harmful to the country, and that it is his desire to terminate it.

     President SCHURMAN. This commission, on behalf of the President of the United States, desires to reciprocate that sentiment.

     Señor GONZAGA. For this reason the gentleman whom we represent has sent this commission here to hear the plan of government which your commission will propose, and which they think fitting for the country, in order that he may explain it to the people.

     President SCHURMAN. I will now explain the plan definitely proposed by the President of the United States:

(At this juncture there was read the cablegram of May 5, 1899. See Vol. I, p. 9.)

     President SCHURMAN. I received a telegram in those words from the President of the United States.

     Señor GONZAGA. Our general, in his ardent desire for the good of his people—for he has no other desire—wishes to present the plan of government, which the American Government wishes to implant here, to the people, in order that the Philippine people may consider it and study it well; and should they accept it he himself is perfectly agreeable. Whatever may be the form of the government which the United States may see fit to establish in these islands, and although we know that you do not recognize our government,' it should be remembered that General Aguinaldo has established a government here, of which he is the President, which is a republican form of government, and this being taken into account he must consult the people, in order that peace may be eternal and may be true peace. For, although he might make peace and sign it, if the army is not agreeable to this, or if the people are not agreeable to this, the peace would not be final and eternal; it would only be temporary peace. With this end in view, he wishes to be thoroughly familiar with the plan of government in all its details, in order that he may explain it thoroughly to the Philippine people.

     Señor BARRETO. I wish to add a few words to those spoken by my companion. The Philippine people have lived under an illusion in the hope of independence, and General Aguinaldo wishes that this hope may be realized in full, or that the people act by their own will in case the hope is not realized.

     President SCHURMAN. What hope?

     Señor BARRETO. The people have lived under this illusion, and in order that he may explain and make clear this proposition there should be a meeting of the representatives of the Philippine people to make plain this form of government.

     President SCHURMAN. A reunion of the people in their congress ?

     Señor BARRETO. Exactly.

     President SCHURMAN. Have you not just had a meeting of your congress, Señor Barreto?

     Señor BARRETO. We have had a meeting, but there was not a sufficient number present to represent the people. On account of our being in a state of war, some of the representatives were in one province, some in another, and they were not able to meet; for that reason General Aguinaldo has to beg a cessation of hostilities, in order to call a meeting.

Professor WORCESTER. He didn't say that. He did not say anything about a cessation of hostilities. He probably will.

     Mr. Green (interpreter). That is the substance of what he said. He said to " stop the war."

     Señor BARRETO. We wish to suspend hostilities, for without a suspension of hostilities, as the gentlemen will understand, it is impossible to have a meeting.

     Professor Worcester. How many men did you get together, as a matter of fact?

     President SCHURMAN. How many persons were present at your congress ?

     Señor BARRETO. Fifteen.

     President SCHURMAN. How many make a quorum?

     Señor BARRETO. There should be at least 32 present. There are 110 members. In order to hold a meeting they must have 55.

     Professor WORCESTER. I am free to say to them that, by the new rule, 16 can do businesSi We would like to know about that.

     President SCHURMAN. Haven't they a new rule by which 16 make a quorum ?

     Señor .BARRETO. I am speaking according to our constitution. No. But General Aguinaldo wishes not only to explain to this congress, but also to all the elements, the living forces of the people—all the people themselves, including the military force—this plan of government.

     President SCHURMAN. Who are the living forces of the country?

     Señor BARRETO. The military forces and the most enlightened people of the towns; and for that reason we have been sent here to get the most complete and the greatest details of the plan of government which the American Government wishes to establish here; not the general lines, because we know those from the proclamation; for in the proclamation, which we have had the pleasure of reading since we came to Manila, there appeared nothing more than general lines on which the government will be established, which it is desired to establish. With this in view, we wish that the American commission would give us information about the plan of government which the President of the United States wishes to establish here.

     President SCHURMAN. It is here [referring to cablegram]. We submit it to you here to-day. This is a scheme which the President of the United States can put in force immediately. Of course, the final matter is in the hands of Congress, but the President can set up this government now and it will remain in force pending the action of Congress, and until Congress takes action

     Señor BARRETO. That is to say, that this plan of government can be established here only for the present, but that the final plan of government must be established by resolutions of Congress.

     President SCHURMAN. This government would remain in force until Congress acted, and this commission, after consulting with these gentlemen, will recommend to Congress a permanent and definite form of government.

     Señor BARRETO. That is very true; but, of course, the plan of government will be a question for discussion by the Congress of the United States, and we will not be aware of what will be the definite and permanent form of government for the Philippine Islands until Congress has made its decision.

     President SCHURMAN. Having this government in force, which can go in force to-morrow if we have peace, the Philippine people must trust this commission, the President of the United States, and Congress.

     Señor BARRETO. I do not comprehend.

(President SCHURMAN repeated his last statement.)

     Señor BARRETO. That is to say that this plan of government which will be submitted to us by the commission will be the plan to be enforced until the resolution of Congress.

     President SCHURMAN. Two things are to be said. First, this government will remain in force until Congress acts, and Congress need not take action this year or next year; and secondly, this commission is here for the express purpose of finding out what form of government the Philippine people desire and then making recommendations to Congress regarding the permanent form of government which they desire and which they will approve. We are here to find out what form of government you desire, and then to make recommendations thereon to Congress.

     Señor BARRETO. The idea is, then, that you are to recommend the plan of government which you have considered here for a final plan of government?

     President SCHURMAN. Yes.

     Señor BARRETO. This is the plan of government which is to be in force until the action of Congress 2

     Colonel DENBY. It is the plan we propose, but we are willing to listen to you and find out what ideas you have on the subject.

     Señor GONZAGA. We can not make suggestions, because perhaps our suggestions would not be acceptable to you, but what we desire is to take the plan of government which you have studied up and have thought fit for the people, to take it into our own territory and submit it to our people, and if any changes in this plan of government seem necessary or proper to bring back the plan here with these suggestions.

     President SCHURMAN. We will give you a copy of this plan of the President's for such consideration.

     Señor GONZAGA. This plan is provisional, as we understand. This plan is provisional until such time as Congress acts, and we understand also that President McKinley has sent this commission here to the islands to consider and study a plan of government for them, and we understand that the form of government which you think proper to establish here will be the plan of government which President McKinley will submit to Congress, and if it meets the approval of Congress it is to be the definite form for the country, and we wish to submit this plan of government which you have thought proper for the islands to our people, with the end in view of establishing peace.

     President SCHURMAN. The President of the United States thought it more important to provide a definite scheme of government for the present which should be established at once.

     Señor GONZAGA. We are not speaking of the plan of government which is to be enforced at present, but of the plan of government which will be recommended as the permanent plan.

     President SCHURMAN. Until a permanent form of government shall be developed, if this plan be once established and successful it will be the plan of government, and our commission and the President of the United States desire to have this form set up now in order that peace being thereby established the commission may have the benefit of the advice of the distinguished gentlemen who are now in arms against the United States. Let us stop the fighting, set up this form of government, and then get together and agree as to a future and permanent one. Consequently, this scheme of the President's is a first and necessary step. It does not matter how long we fight, whether we fight one month, one year, or ten years. The settlement of this question will be on us then as well as now. You can not resist our fighting and you may as well come in at once and help us get a constitution, but you must stop fighting in order to get the question settled. The first step is for you to stop fighting, the second a provisional form of government, the third a definite form of government, and finally

     Señor GONZAGA. For this reason we have come here to put an end to the war, and to put the provisional form of government before the people for their consideration.

     President SCHURMAN. There is a difference. We want not a suspension of hostilities, but an absolute cessation, a termination of fighting, and General Aguinaldo can bring the fighting to an end at once. That is what we want. And war being terminated, next day this form of government can be implanted ; and then, in the third place, consultation between the distinguished Philippine gentlemen and our commission regarding the permanent and definite form of government to be recommended to our Congress. And if you stop fighting, you run no risk regarding the temporary form of government, for the President of the United States has outlined it; and as to the ultimate form of government, you do not run any great risk, because, as you know, the President's idea is embodied in the provisional form of government, and you know the intention of this commission ; and this commission desires to satisfy the Philippine people so far as possible.

     Señor BARRETO. That is to say, it is always a possibility

     President SCHURMAN. You must trust us, as we will have to trust you. There is the possibility of deception; but it is not the policy of this commission or of the United States to deceive anybody.

     Señor BARRETO. But we have wished to know how the commission would cease hostilities. Our desire is that peace should be eternal, and a good feeling should be eternal between the United States and the v Philippine people.

     President SCHURMAN. They can terminate the war by accepting the President's plan of government. You here have peace with honor. Stop fighting, and here is an excellent scheme of government provided by the President of the United States for you. Peace with dignity.

     Señor BARRETO. You wish to say, then, that if we accept this plan of government all hostilities will be at an end ?

     President SCHURMAN. We wish to say that if you stop fighting you can have this form of government. You have the word of the President of the United States.

     Señor BARRETO. What I understood you to say in the first place was that if we accepted this plan of government hostilities would cease immediately.

     President SCHURMAN. No; I said there were three steps we had to consider. The first was your stopping fighting; the second, the President of the United States setting up this form of government, and the President would do it as soon as you stop fighting.

     Señor BARRETO. Then, in the first place we must stop the war, and in the second place this plan of government will be established, and in the third place there would be the study, the consultation, and recommendations to Congress. 1 understand, then, that in the first place we are to stop the war, in the second place that this form of provisional government will be established, and in the third place that this form of government being in force we are to advise with and consult with the commission about the final form of the government which they will recommend to President McKinley, and which he will recommend to Congress as the final form of government for these islands.

     President SCHURMAN. I should want to add to that statement this other: This commission will, so far as it is by any means possible, desire to meet the views and wishes of the distinguished Filipinos regarding their permanent form of government, subject only and always to the fact of American sovereignty. We are very anxious to come to an understanding with you, but only under one condition, the fact of American sovereignty.

     Señor BARRETO. You wish, then, to hear the desires of enlightened Filipinos about the definite form of • government, always considering the sovereignty of America?

     President SCHURMAN. After we have secured peace and the provisional form of government is established, because it is not possible to get the views of all these people until peace is settled; that is what we want.

     Señor BARRETO. And that is why we have come.

     President SCHURMAN. Why don't you stop fighting, then.

     Señor BARRETO. For that reason we have come now in order that we may explain to the people the plan of government which you propose.

     President SCHURMAN. How does the President's scheme of government please you?

     Señor BARRETO. We have still to consider it, to study it, and our intelligence is not sufficient to answer the question at the moment, on the spur. There are many complicated questions and you, Mr. Schurman, will understand that we can not give an answer immediately.

     President SCHURMAN. We think you underrate your own intelligence.

     Señor BARRETO. Mr. Schurman, you pay us a compliment, but you know that we are not capable of giving an immediate answer. What we desire is to study this plan and give an answer later.

     President SCHURMAN. We have already outlined almost the same scheme to a former commissioner of General Aguinaldo.

     Señor BARRETO. Our desire at present is to know the details of the plan of government, and to know in what manner the commission wishes the war to be brought to an end.

     President SCHURMAN. When Colonel Arguelles came in he said the Filipinos "want peace with honor." We said to him there is necessary for peace only this: The recognition of American sovereignty; second, an understanding regarding the form of government, which this commission would want to reach with leading Filipinos; and Colonel Arguelles wanted from us some definite statement regarding the form of government proposed, and we telegraphed to Washington and the President of the United States sent back this.

     Señor BARRETO. But not in the nature of a definite form of government; only for a provisional form.

     President SCHURMAN. Until Congress acts the President can not do more, and you must trust the President now.

     Señor BARRETO. Now, we should like to know from the commission how the war should be terminated.

     President SCHURMAN. We wish General Aguinaldo to stop fighting immediately.

     Señor BARRETO. Well, we are the people attacked. How can we stop fighting? We are doing nothing more than defending ourselves.

     President SCHURMAN. Lay down your arms and the war will stop immediately. The way to end the war is for you to lay down your arms, and the details, that being a military question, are all in the hands of General Otis.

     Señor BARRETO. We understand that this question is not purely a military question, but it is a question both military and civil; and peace once having been established and hostilities suspended we could send a representative to the commission to consult and agree about a definite form of government, meanwhile remaining in our own territory with our own form of government.

     President SCHURMAN. We could not recognize any such form of government.

     Señor BARRETO. W e do not ask a recognition implied or in fact of our government; what we wish is a return to the state of affairs in existence before the 4th of February.

     Colonel DENBY. If we take a hundred years we will still have these questions with us. Why not settle them now?

     Señor BARRETO. We wish that, for we understand that because of the generous wishes of the American commission we could arrive at a definite end.

     President SCHURMAN. I think he said, "We want to know what form the general sentiment of the American commission will take."

     Señor BARRETO. For returning to the condition of affairs as they were before the 4th of February we consider that we shall be in a better position to arrive at a good understanding of the generous impulses and sentiments of the American commission than we are at present.

     President SCHURMAN. That is a military question on which the commission could not undertake to express an opinion. This commission can tell the Philippine people on behalf of the President of the United States what kind of government he is ready to give them, but we have nothing to do with the military question.

     Señor BARRETO. But the commission could order that we may arrive at the end which we both desire—that is, peace and a definite form of government

     Señor GONZAGA. The gentlemen of the commission have expressed their desire to hear the opinion of the enlightened people in the country about the form of government which is to be established, and we understand that the good desire of the gentlemen of the commission can not be attained without a cessation of hostilities.

     President SCHURMAN. Of course we can hear people who come to us, .but we very much prefer fighting should cease.

     Señor GONZAGA. Then the difficulty arises, in the first place—the people who are fighting at present can not come into our lines, because they are in battle, and they should also be hurt. In the second place, there are many people who have retired to distant places and can not come because they are in peace there in these distant places; and in the third place, there are many unforeseen things which come up in a state of war, things which can not be foreseen by either side, and which have a tendency to cause bitterness on both sides. For instance, the American Army may say we have not followed the line of conduct which should be observed according to the rules of war, and this naturally leads to bitterness on our side.

     President SCHURMAN. If General Aguinaldo and two or three of his most prominent generals came in and sat down at this table as you are here, we believe this whole business could be settled. For example, some of his military men, some of his secretaries, and some of his prominent civil advisers; for example, Señor Paterno, the head of the cabinet, whose book I have been studying. They know the sentiments of all their people and their moral influence, and sitting at this table we could settle the thing in a day.

     Señor GONZAGA. General Aguinaldo has no otier desire than the prosperity of his country, and he wishes to settle \ ms plan of government, and he wishes to submit this- plan of government to his people in order to be exempt from any responsibility afterwards; for it is possible that if he simply says I wish this or I wish that and it does not turn out well afterwards the people may say that he is to blame.

     President SCHURMAN. General Aguinaldo can not have any stronger desire for the welfare, prosperity, and happiness of the Philippine people than we.

     Señor GONZAGA. I thank you on behalf of myself and my companions.

     President SCHURMAN. And if General Aguinaldo, with half a dozen of his leading military and civil advisers, sat here, I am persuaded we could end this matter immediately.

     Señor BARRETO. To this we may answer that the wish of General Aguinaldo and of his advisers would never be the wish of the entire Philippine people.

     President SCHURMAN. The answer to that is that General Aguinaldo does not begin to control the entire archipelago.

     Señor BARRETO. We shall inform General Aguinaldo as to what the desires of the commission in this respect are.

     Professor WORCESTER. It is customary for people who have a controlling influence in a country to assume responsibility. They are trying to assume it in the possession of the government; and they ought to assume it now.

     President SCHURMAN. General Aguinaldo and his leaders are taking the initiative in this war. If they come here and agree with us we would run the risk for all the rest of the people agreeing with him. For that reason it is not necessary to call all of the people of the archipelago into conference. It is not possible to do it. We have already had communications from many provinces saying they are waiting only for the action of General Aguinaldo; for an agreement between General Aguinaldo and ourselves.

     Señor BARRETO. We can not give a definite answer to this, but will propose it to General Aguinaldo. For we do not know whether he would wish to come here, or would accept this responsibility.

     President SCHURMAN. Of course, they would come here as private individuals, but it would give us the greatest pleasure to welcome them, and the communications which we have from other provinces show that the Philippine people are very desirous that General Aguinaldo should reach an agreement with the commission.

     Señor BARRETO. We could not assume the responsibility of answering for General Aguinaldo whether he would be willing to come here and assume that responsibility, but we will lay the matter before him. We first desire from the commission their intercession with General Otis in favor of an arrangement for a cessation of hostilities in order that this agreement may be reached.

     President SCHURMAN. The commission, under its instructions from the President, could not mix in any way with military affairs.

     Señor BARRETO. What we wish the commission to do is not to act in this military matter, but only to intercede for us, seconding the favorable desires of the President.

     President SCHURMAN. We think that we have supplied the Philippine people with an honorable reason for laying down their arms, viz: This liberal form of government which the President of the United States offers them and the proclamation of the commission. The President's programme and the proclamation assure the people of the Philippine Islands the most liberal form of government that they have ever had.

     Señor BARRETO. Any government is more liberal than Spanish government. I do not refer especially to autonomy, but any government whatever is more liberal than the Spanish form of government.

     President SCHURMAN. The President's programme and scheme of government is exceedingly liberal.

     Señor BARRETO. If I am allowed to speak it is a very liberal programme of government, but more liberal forms of government could exist.

     President SCHURMAN. We have promised in our proclamation an ever-increasing freedom.

     Senior GONZAGA. Yes; liberty very much greater.

     President SCHURMAN. Wrhat more liberal form do you suggest ?

     Señor BARRETO. I would desire a form of government more liberal than anything that has been proposed so far.

     President SCHURMAN. In what respect ?

     Señor BARRETO. In all the departments named.

     President SCHURMAN. Kindly explain in detail,

     Señor BARRETO. We can not explain this in detail at present, for we have not come charged with this mission.

     President SCHURMAN. You say the President's programme is not sufficiently liberal, and yet you won't tell us what form of liberal government you desire.

     Señor BARRETO. As members of this commission we can not explain ourselves in detail, but can only say for the present that while this is a liberal programme, there might exist other programmes more liberal. This is a much more liberal plan of government than that of the Spanish. It is like comparing heaven and earth.

     President SCHURMAN. I think it rather hard that you criticise the President's scheme as not liberal enough,'and yet will not indicate any points in which it ought to be more liberal.

     Señor BARRETO. The members of this commission were not authorized to do so. We are only authorized as members of this commission to hear the proposition of the American commission.

     President SCHURMAN. Then I infer the power which authorized you may think the President's scheme is more liberal than you think it to be.

     Señor BARETTO. As private individuals, and not as members of the commission, I or any one of my colleagues can say that we consider this plan very liberal and very suitable for the country.

     President SCHURMAN. I want to put aside all minor questions and come to the principal point. The fundamental point is this: We all desire peace.

     Señor GONZAGA. Undoubtedly.

     President SCHURMAN. For you two courses are open, and only two. In the first place, you can go on fighting. In that case you will ultimately be beaten by the superior power of the United States, and the chances of getting good terms then will not be so good as they are at present. The second course is this : You can stop fighting at once, and in the Philippines the scheme of government authorized by the President will be set up. Meantime this commission will consult with your leading men and endeavor to reach a form of government satisfactory to you. The question for you to decide is this: Which course is it more profitable for you to pursue ?

     Señor BARRETO. The second road is undoubtedly the better road for us to follow, and for that reason we have come to propose peace, and for the thousand reasons which we have stated to General Otis. For war being continued, the good feeling would be diminished and hatred would be increased, for the death of one individual affects all of his relatives. For this reason we desire a cessation of war. America will lose nothing by the cessation of hostilities. America knows with her power that she can annihilate all of our forces. We understand that the United States, by its superior force, can reconquer the country, although by doing so it will cause death and cause hatred, but we have come to bring peace about, so that the Philippine people should not lose and shall not be prejudiced in the settlement.

     President SCHURMAN. The Philippine people are protected by the President's form of government and by the commission's proclamation.

     Señor BARRETO. We wish also to add that this cessation of hostilities would reassure the people a great deal; they would understand then that the United States wished nothing but their best interest. The Philippine people would so be better convinced of the lofty and generous sentiments and desires of the American people, having it in their power to suppress them and at the same time coming to an amicable agreement.

     President SCHURMAN. A general who makes war and continues war has also a right to stop it. Is it not true General del Pilar?

     General DEL PILAR. Yes.

     President SCHURMAN. And consequently General Aguinaldo has that power.

     Señor BARRETO. But as there are two generals, two different commands, although one might stop war the other might not.

     General DEL PILAR. Add also that we did nothing but defend ourselves. We are the people attacked.

     President SCHURMAN. In reply to General del Pilar we must say that we do not admit that. We reject that statement, but it is a matter of history and we will not discuss it here.

     Professor WORCESTER. The translation was not correct. He said there are two generals, one of whom desires peace and the other does not.

     President SCHURMAN. Are there two generals, one desiring peace and the other desiring war i

     Señor BARRETO. No; you (turning to Professor Worcester) did not understand me. What I said was, as there were two generals in the
question, one general would not assume without the other to keep- any peace until they came to an agreement.

     President SCHURMAN. In such a case somebody has to stop fighting, and among civilized nations it is always the one which is beaten, as, for instance, Spain.

     Señor BARRETO. I don't understand that it is absolutely necessary to put an end to war that one army should be conquered. An arrangement can be made between both armies before one is conquered.

     President SCHURMAN. Generally, one is getting the worst of it, and the general who is getting the worst of it has sense enough to know that they are going to be beaten and gives up his arms as was done in the recent war with Spain, especially when the conquered party, the one that is being beaten, can get all his reasonable desires.

     Señor BARRETO. This would be a great humiliation to our army. For our army has shed its blood in order to destroy the Spanish Government in making common cause with the Americans.

     President SCHURMAN. They have dimmed the luster and obscured the glory of that by fighting the United States.

     General DEL PILAR. What can you expect of us when we are attacked ?

     President SCHURMAN. I have already denied that assertion. We do not want to go into that question here. We have come here to make peace and to supply and furnish a free government for the people and we want them to regard us in that light.

     Señor BARRETO. In this way we wish to regard you.

     President SCHURMAN. If you will stop fighting it is the opinion of this commission that there is no reasonable doubt about satisfying your desires. By "stop fighting" we mean lay down your arms. Can you find educated Filipinos who are fit for counselors and judges?

     Señor BARRETO. I believe so. In some of the districts it would be difficult to find people from the district itself suitable, because there are some districts where there is no enlightenment—-for instance in Mindanao — but doubtless in the islands would be found people perfectly fit for these positions; for under the Spanish Government, although the chiefs of the Government were Spanish, the whole weight of the administration of these different departments was borne by Filipinos.

     President SCHURMAN. The policy of the United States and of the President of the United States will be to appoint Filipinos to all offices which they are qualified to fill—post-offices, custom-houses, and other offices, secretaries, and mayors of cities. Naturally the direction would be in the hands of Americans, but we do not expect that a large number of Americans will be necessary at all.

     Señor BARRETO. In all branches of the administration, then, as, for example, the treasury, Filipinos of ability will have admission ?

     President SCHURMAN. Filipinos of ability and good character will have the preference.

     Señor BARRETO. And how will the judicial power be organized?

     President SCHURMAN. I repeat that the direction will naturally be in the hands of the Americans. The heads of this department will naturally be Americans. The courts will be composed of both Americans and Filipinos. The President says either Americans or Filipinos, or both, and also the judges. And now General Otis is establishing civil courts and the majority of the judges are to be Filipinos; and I want you to judge of the action of the United States in the future by what General Otis is doing now and by what the President sets forth in his telegram and we in our proclamation; and in the same way we should desire to have, as soon as it is practicable, Filipinos for police service and for a local army, if a local army were necessary—a local militia.

     Señor BARRETO. Are all the inhabitants of the Philippine Islands subject to the jurisdiction of these courts?

     President SCHURMAN. Do you refer to the courts General Otis is about establishing?

     Señor BARRETO. Yes; to those provisional courts when he establishes them.

     President SCHURMAN. All over whom we have effective jurisdiction, and the plan of the President contemplates courts with Filipinos and Americans as judges, which shall have jurisdiction over the entire archipelago.

     Señor BARRETO. There will not be-any duality of courts?

     President SCHURMAN. No; we desire to have the same courts for the entire archipelago and for all citizens and residents, and that is one reason why it is necessary to have some American judges in order to satisfy the foreigners. Mixed tribunals, rather. We have had the idea of keeping, for the time being at least, the laws in force as codified by Spain, subject, of course, to change whenever change is necessary.

     Señor BARRETO. Of course that should done.

     The meeting here adjourned.

Report of the Philippine Commission Vol II., "Testimony and Exhibits", 1900 p116

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