The Philippine Islands, 1493-1898 — Volume 08 of 55 eBook

This eBook from the Gutenberg Project consists of approximately 291 pages of information about The Philippine Islands, 1493-1898 — Volume 08 of 55.

The Philippine Islands, 1493-1898 — Volume 08 of 55 eBook

This eBook from the Gutenberg Project consists of approximately 291 pages of information about The Philippine Islands, 1493-1898 — Volume 08 of 55.

Fourth:  After they are reduced to subjection, those who are most guilty may be condemned to death, as also such others as regard for the security and tranquillity of the land may determine.  But it will not be lawful to kill those of them who are found to be guiltless, even though it be feared that they may be mischievous in the future; for no grievance has been suffered at their hands, and means can be found of holding them securely, as we will show presently.  Those of the inhabitants of a state who are usually deemed guiltless are lads not yet old enough to bear arms; old men incapacitated by age, save in the case that heretofore they have been mischievous; and the women, unless it appear that they too have engaged in war.  But it will not suffice to say with Soto that they supply provisions for their husbands during the war, for that is a natural right and obligation.  All the rest are deemed guilty, failing proof to the contrary; here strict investigation is to be made, lest wrong be done.

Fifth:  Ex jure gentium, those captured in a just war are held as slaves.  Paludanus (in 4. d. 15, q. 3) holds that this is not to be understood as applying to Christian captives; and such is the truth, and this provision is observed among Christian kings.  But, as these Zambales are not Christians, they may be dealt with according to the jus gentium, and made slaves.  Yet, inasmuch as they are a people of small mental capacity, and hence do not realize the seriousness of their crime, they ought not to be treated with the full vigor of law; and therefore it seems to us that it will be enough to make them slaves for a limited time, ten or fifteen years.

Sixth:  The war ended, his Lordship the governor may exact from the Zambales all the costs of the war, and indemnification for all the losses suffered; and he may, by way of chastisement, levy from them some tribute:  for all this is jus belli in the case of a just war, such as is this, as stands proved.

Seventh:  Since it is not enough to punish past crime unless a remedy is applied for the future; and since a wide experience has shown that little confidence is to be reposed in the word and the character of this people; and since to leave them in their mountains would be to give them occasion and good opportunity for doing mischief and damage hereafter, as always in the past:  it seems to us that inasmuch as these Zambales are few and have not in their villages or in their territory any cultivated fields or any fixed settlements, it will be advisable, as security against their returning to their old ways, to transplant them from the mountain region to peopled districts, depriving them of arms, and giving them a village site and lands upon which, with police control and under a government, they may live and cultivate their farms.  This we deem the ultimate remedy, and as being necessary for the ends of peace and security at which we aim.

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The Philippine Islands, 1493-1898 — Volume 08 of 55 from Project Gutenberg. Public domain.