Jones Law of 1916 Essay

Whereas it was never the intention of the people of United States in the incipiency of the war withSpainto make it a war of conquest or for territorial aggrandizement; and Whereas it is, as it has always been, the purpose of the people of the United States to withdraw their sovereignty over Philippine Islands and to recognize their independence as soon as a stable government can be established therein; and Whereas for the speedy accomplishment of such purpose it is desirable 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 the 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: Therefore Section 1.―The Philippines Be it enacted by the Senate and House of Representatives the United States of America in Congress assembled, That the provisions of this Act and the name â€Å"The Philippines† as used in this Act shall apply to and include the Philippine Islands ceded to the United States Government by the treaty of peace concluded between the United States and Spain on the eleventh dany of April, eighteen hundred and ninety-nine, the boundaries of which are set forth in Article III of said treaty, together with those islands embraced in the treaty between Spain and the United States concluded at Washington o the seventh day of November, nineteen hundred. Section 2.―Philippine Citizenship and Naturalization That all inhabitants of the Philippine Islands who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in said Islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain, signed at Paris December tenth, eighteen hundred and ninety-eight, and except such others as have since become citizens of some other country:Provided, That the Philippine Legislature, herein provided for, is hereby authorized to provide by law for the acquisition of Philippine citizenship by those natives of the Philippine Islands who do not come within the foregoing provisions, the natives of the insular possessions of the United States, and such other persons residing in the Philippine Islands who are citizens of the United Stat es, or who could become citizens of the United States under the laws of the United States if residing therein. Section 3.―Bill of Right (a) Due process and eminent domain.―That no law shall be enacted in said Islands which shall deprive any person of life, liberty, or property without due process of law, or deny to any person therein the equal protection of the laws. Private property shall not be taken for public use without just compensation. (b) Rights of persons accused of crime.―That in all criminal prosecutions the accused shall enjoy the right to be heard by himself and counsel, to demand the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to compel the attendance of witnesses in his behalf. That no person shall be held to answer for a criminal offense without due process of law; and no person for the same offense shall be twice put in jeopardy of punishment, nor shall be compelled in any criminal case to be a witness against himself. That all persons shall before conviction be bailable by suffici ent sureties, except for capital offenses. (c) Obligation of contracts.―That no law impairing the obligation of contracts shall be enacted. (d) Imprisonment for debt.―That no person shall be imprisoned for debt. (e) Suspension of habeas corpus.―That the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion, insurrection, or invasion the public safety may require it, in either of which event the same may be suspended by the President, or by the Governor-General, wherever during such period the necessity for such suspension shall exist. (f) Ex post facto laws, primogeniture, titles of nobility.―That no ex post facto law or bill of attainder shall be enacted nor shall the law of primogeniture ever be in force in the Philippines. That no law granting a title of nobility shall be enacted, and no person holding any office of profit or trust in said Islands shall, without the consent of the Congress of the United States, accept any present, emolument, office, or title of any kind whatever from any king, queen, prince, or foreign state (g) Bail and punishment.―That excessive bail shall not required, nor excessive fines imposed, nor crue l and unusual punishment inflicted. (h) Unreasonable searches.―That the right to be secured against unreasonable searches and seizures shall not be violated. (i) Slavery.―That slavery shall not exist in saidIslands; nor shall involuntary servitude exist therein except as a punishment for crime whereof the party shall have been duly convicted. (j) Freedom of speech.―That no law shall be passed abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and petition the Government for redress grievances. (k) Freedom of religion.―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; and no religious test shall be required for the exercise of civil or political rights. No public money or property shall ever be appropriated, applied, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary as such. (l) Poligamy.―Contracting of polygamous or plural marriages hereafter is prohibited. That no law shall be construed to permit polygamous or plural marriages. (m) How public funds to be spent.―That no money shall be paid out of the treasury except in pursuance of an appropriation by law. (n) Uniform tax.―That the rule of taxation in saidIslands shall be uniform. (o) Subject and title of bills.―That no bill which may be enacted into law shall embrace more than one subject, and that subject shall be expressed in the title of the bill. (p) Warrants of arrest.―That no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized (q) Special funds.―That all money collected on any tax levied or assessed for a special purpose shall be treated as a special fund in the treasury and paid out for such purpose only. Section 8.―General Legislative Power That general legislative power, except as otherwise herein provided, is hereby granted to the Philippine legislature, authorized by this Act. Section 13.―Election and Qualification of Senators That the members of the Senate of the Philippines, except as herein provided, shall be elected for terms of six and three years, as hereinafter provided, by the qualified electors of the Philippines. Each of the senatorial districts defined as hereinafter provided shall have the right to elect two senators. No person shall be an elective member of the Senate of the Philippines who is not a qualified elector and over thirty years of age, and who is not able to read and write either the Spanish or English language, and who has not been a resident of the Philippines for at least two consecutive years and an actual resident of the senatorial district from which chosen for a period of at least one year immediately prior to his election. Section 14.-Election and Qualification of Representative That the members of the House of Representatives shall, except as herein provided, be elected triennially by the qualified electors of the Philippines. Each of the representative districts hereinafter provided for shall have the right to elect one representative. No person shall be an elective member of the House of Representatives who is not a qualified elector and over twenty-five years of age, and who is not able to read and write either the Spanish or English language, and who has not been an actual resident of the district from which elected for at least one year immediately prior to his election: Provided,That the members of the present Assembly elected on the first Tuesday in June, nineteen hundred and sixteen, shall be the members of the House of Representatives from their respective districts for the term esxpiring in nineteen hundred and nineteen. Section 15.-Qualification of Voters That at the first election held pursuant to this Act, the qualified electors shall be those having the qualifications of voters under the present law; thereafter and until otherwise provided by the Philippine Legislature herein provided for the qualifications of voters for senators and representatives in the Philippines and all officers elected by the people shall be as follows: Every male person who is not a citizen or subject of a foreign power twenty-one years of age or over (except insane and feeble-minded persons and those convicted in a court of competent jurisdiction of an infamous offense since the thirteenth day of August, eighteen hundred and ninety-eight) who shall have been a resident of the Philippines for one year and of the municipality in which he shall offer to vote for six months next preceding the day of voting, and who is comprised within one of the following classes: (a) Those who under existing law are legal voters and have exercised the right of suffrage. (b) T hose who own real property to the value of 500 pesos, or who annually pay 30 pesos or more of the established taxes. (c) Those who are able to read and write either Spanish, English, or a native language. Sedition Law of 1901 [No. 202.] AN ACT defining the crimes of treason, insurrection, sedition, conspiracies to commit such crimes, seditious utterances whether written or spoken, the formation of secret political societies, the administering or taking of oaths to commit crimes or to prevent the discovering of the same, and the violation of oaths of allegiance, and prescribing punishment therefor By authority of the President of the United States, be it enacted by the United States Philippine Commission, that: Section l. Every person, resident in the Philippine Islands, owing allej^ance to the United States or the Government of the Philippine* Islands, who levies war against them, or adheres to their enemies, jriving them aid and comfort within the Philippine Islands or else- where, is guilty of treason, and, upon conviction, shall suffer death or, at the discretion of the court-, shall l)e imprisoned at hard labor for not less than five years and fined not less than ten thousand dollars. Sec. 2. Every person, owing allegiance to the United States or the (Tovemment of the Philippine Islands, and having knowledge of any treason against them or either of them, who conceals, and does not, as soon as may be, disclost? and make known the same to the Provin- cial (Governor in the Province in which he resides, or to the Civil Governor of the Islands, or to some Judge of a Court of Hec »ord, is guilty of mLsprision of treason, and shall be imprisoned not more than seven years and be fined not more than one thousand dollars. Sec. 3. Everj’ pei*son who incites, sets on foot, assists or engages in any rebellion or insurrection against the authority of the Ignited States or of the Government of the Philippine Islands, or the laws thereof, or who gives aid or comfort to any one so engaging in such rebellion or insurrection, shall, upon (*onviction, lie imprisoned for not more than ten years and Ik* fined not more than ten thousiiud dollars. Sec. 4. If two or more persons conspire to overthrow, i)ut down or destroy by force, the Government of the ITnited States in the Philippine Islands or the Government of the Philippine Islands, or by force to prevent, hinder or delay, the execution of any law of the UnilcKl States or of the Philippine Islands, or by force to seize, take, or possess, any property of the United States or of the Government of the Philippine Islands, contrary to the authority thereof, (*aeri(Kl not more than six years. Sec. 5. All persons who rise publicly and tumultuously in onler to attain by force or outside of legal methwls any of the following object*, are guilty of sedition: 1. To prevent the promulgation or erson who shall utter seditious words or speeches, write, publish, or circulate, scurrilous libels against the Government of the United States or the Insular Government of the Philippine Islands or which tend to disturb or obstruct any lawful officer in exe- cuting his office, or which tend to instigate others to cabal or meet togetlier for unlawful purposes, or which suggest or incite rebellious conspiracies or riots or wiiich tend to stir up the i>eople against the lawful authorities or to disturb the i)eace of the community, the safety and order of the Government, or who shall knowingly conceal such evil pra(*tic( »s, shall be punished by a fine not exceeding two thousand dollars or by imprisonment not exceeding two years, or both in the discretion of tlio Court. Sec. 9. All persons who shall meet together for the purpose of forming, or who shall form any secret society or who shall after the l)assago of this Act cont inue memlHjrship in a society already formed having for its object in whole or in part, the promotion of treason, r(‘l)(41ion or sc^dition, or the promulgation of any political opinion or policy, shall 1k » punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding one year, or both. Sec. 10. lentil it has been officially proclaimed that a state of war or insurr( »ction against the authority or sovereignty of the United States no longer exists in the Philippine Islands, it shall be unlawful for any person to advocate orally or by writing or printing or like m( »tli(Kls, th(^ independence of the Philippine Islands or their separa- tion from the I’nited States whether by peaceable or forcible means, or to print, publish or circulate any handbill, newspaper, or other publication, advocating such indei>endence or separation. Any person violating th