Note 4 — Appendix: Judicial Condition of the Philippines in 1842

This impunity for crimes is, to my understanding, very fatal, not only because of the encouragement which it gives on that account to criminality, but also because of the fear which gobernadorcillos and alcaldes have in arresting the guilty, for they know that they will be soon liberated and will soon take vengeance on them by robbing them, cutting down their trees, and burning their places of business. An employe of estimable qualities in the department of taxes told me that once grown tired in a certain province of seeing that no one dared to arrest a thief who had terrified the entire village, he himself took the trouble to waylay and seize him in the very operation of committing a theft. He had him bound, and sent him to the alcalde with the general complaint. In a few weeks he saw him again in the village and had to reckon with him. I have been in the estate of Buena-Vista in the outskirts of which live very many robbers. However, they do not steal there, but they go to do that in other places, bringing there afterward horses, buffaloes, and whatever they can lay their hands on. The manager does not dare to wage war against them or to denounce their thefts, although he knows them. One night when I was there at twelve o’clock, appeared a cavalry troop sent from the neighboring province of Pampanga by Alcalde Urbina and commanded by Lieutenant Lao. With them they brought several persons who had been robbed, and took them before the official. He had a list of many whom he was to arrest. It had already been given to the justice of the village. We amounted to four or five Spaniards in that place. One of those who live there came within a few minutes to tell us secretly that those who were to do the arresting had already advised those who were to be arrested so that they might get out of the way, and so that no one could be caught. That person and the manager were silent in order not to compromise themselves, and I did the same, because the evil was already done, and in order not to abuse the confidence which they had in me. In fact, the officer and his men, and the guides, went away without having arrested a single one. A fortnight after another official, named Dayot, who knows the language of the country well, returned. Warned by what had happened the first time, he went directly to the houses where his guides took him; and, consequently, he seized some of them. Later he came to the estate and asked us for a very notorious fellow who was said to be absent. We assured him that we had seen that man less than an hour before. I advised Dayot to have the soldiers put aside their arms and uniforms, and send them dressed like the natives together with the guides, and if they surprised anyone to take him to the barracks; since, to imagine that the justice would aid him to arrest the criminals was to imagine something that could not be. In fact, he did that, and within three days he marched away taking five or six prisoners with him. A great state of consternation reigned throughout that district, which was good evidence of the moral condition of the inhabitants. In a few months I asked and learned that they were back already and in quiet possession of their homes. One day I was talking in Manila to the regent of the Audiencia, Don Matías de Mier, about that system of impunity which I had observed in the islands. That gentleman remarked to me: “It is not possible to take severe measures here, Señor Mas, for it is necessary to govern here with mildness.” I praise and esteem most sincerely the benevolent ideas and the good heart of Señor Mier, but it seems to me that his words might be answered somewhat by those of Jeremias Bentham:4 “How many praises are wasted on mercy! It has been repeated, time and time again, that that is the first virtue of a sovereign. Surely if crime consists only in an offense to one’s self-love, if it is no more than a satire which is directed against him or his favorites, the moderation of the prince is meritorious. The pardon which he grants is a triumph obtained over himself! But when one treats of a crime against society, the pardon is not an act of clemency, it is a downright prevarication.... Every criminal who escapes justice threatens the public safety and innocence is not protected by being exposed to become the victim of a new crime. When a criminal is absolved all the crimes that he can perpetuate are committed by his hands.” In no army are there so many executions as in that in which slight faults are disregarded. How many charges can be laid to the door of the one who carried away by a poorly understood charity, contributes to the increase, in any society, of assault, theft, assassination, tears, and executions. “Every pardon granted to a criminal,” says Filangieri,5 “is a crime committed against humanity.” I cannot conceive how there is anyone who can imagine that the exercise of kindness to evil doers is useful or agreeable to the good. I believe, on the contrary, that those are lamented by the people who are unsafe in their houses while they are paying contributions to the government which is obliged to protect them. [Other reflections of a similar nature follow.]