The Philippine Islands, 1493-1898, Volume 45, 1736: Explorations by early navigators, descriptions of the islands and their peoples, their history and records of the Catholic missions, as related in contemporaneous books and manuscripts, showing the political, economic, commercial and religious conditions of those islands from their earliest relations with European nations to the close of the nineteenth century
History
The Philippine Islands, 1493-1898, Volume 45, 1736: Explorations by early navigators, descriptions of the islands and their peoples, their history and records of the Catholic missions, as related in contemporaneous books and manuscripts, showing the political, economic, commercial and religious conditions of those islands from their earliest relations with European nations to the close of the nineteenth century
Demarcation line of Alexander VI; Missions -- Philippines; Philippines -- Discovery and exploration; Philippines -- History -- Sources
just such cases as this to provide a means for the peaceful and just
decision of the issues arising. Had we been able to decide clearly
and emphatically that the petitioners had no rights here and that
their claims were so flimsy as not to merit the assistance of the
legislature in bringing them to adjudication in a court of justice,
we might have properly dismissed the petition and taken no action
thereon; but we are of opinion, all of us, that the contentions
of the petitioners present serious and difficult questions of law,
sufficiently doubtful to require that they should be decided by a
learned and impartial court of competent jurisdiction, and that it is
our duty to make legislative provision for testing the question. If
it be true that the United States is either itself the trustee to
administer these funds, or occupies the relation of parens patriæ to
them, it becomes its duty to provide for their administration by a
proper directory, whose first function will be to assert, in the name
and authority of the United States, their right to administer the funds
of the college against the adverse claims of the person now in charge,
who claims to hold under and by virtue of the control over the funds
by the Catholic Church; and this legislative action we now propose to
take, not thereby intimating an opinion upon the merits of the case,
but merely by this means setting in motion the proper machinery for
the ultimate decision by a competent tribunal." The Commission set
aside $5,000 in United States money for the payment of the expenses
of getting evidence, preparing the record, printing the briefs,
and as fees for professional services; and that the case was to be
heard before the Philippine Supreme Court, the United States being
practically a party in the litigation. Further provision was made in
case appeals from that court were to be made to the Supreme Court of
the United States, for Congress to so provide in this case. As to the
injunctive order of General Otis against the opening of the college,
by the rector of the university, it was recommended to the military
governor that it be rescinded. The persons appointed to conduct the
litigation and to take charge of the college and its estates, should
the decision and a decree of the court be in their favor, were as
follows: Dr. T. H. Pardo de Tavera; Dr. Charles R. Greenleaf, Leon
M. Guerrero, Dr. Manuel Gomez Martinez, and Dr. Frank S. Bourns. The
concluding remarks of the Commission are the following: "There has been
much popular and political interest in the controversy in which we have
now stated our conclusions. The questions considered, however, have
not had any political color at all. They have been purely questions
of law and proper legal procedure, and so will they be in the court
to which they are now sent. The decision of the right to control San
José college cannot legitimately be affected by the political feeling
which one may have for or against the friars.
Public-domain text, read in full here on John Shaqi.
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