Jones Law of 1916 Essay

Whereas it was never the intention of the people of United States in the incipiency of the contend 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 s overeignty over Filipino Islands and to recognize their independence as soon as a stable government butt be established therein and Whereas for the speedy achievement 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 rectifys of sovereignty by the people of the United States, in order that, by the use and exercise of popular right and governmental powers, they whitethorn be the better prepared to fully assume the responsibilities and enjoy every told the privileges of complete independenceTherefore Section 1.The PhilippinesBe it enacted by the S enate and family of Representatives the United States of America in Congress assembled, That the provisions of this Act and the name The Philippines as used in this Act shall apply to and include the Philippine Islands ceded to the United States presidential term by the treaty of peace concluded between the United States and Spain on the eleventh d either of April, eighteen hundred and ninety-nine, the boundaries of which are set frontward in Article III of verbalize treaty, together with those islands embraced in the treaty between Spain and the United States concluded at Washington o the seventh twenty-four hour period of November, nineteen hundred.Section 2.Philippine Citizenship and NaturalizationThat 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 take in elected to preserve their allegiance to the Crown of Spain in con governance 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 separates as have since come citizens of some other countryProvided, 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 States, 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 strip some(prenominal)(prenominal) person of life, liberty, or airscrew 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 comprehend 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 tie 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(p) 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 sufficient sureties, except for capital offenses. (c) Obligation of contracts.That no law impairing the obligation of contrac ts 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 P nonmigratory, or by the Governor-General, wherever during such period the compulsion for such suspension shall exist. (f) Ex post facto laws, primogeniture, calls 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 get 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 cruel and unusual punishment inflicted. (h) Unreasonable searches.That the right to be secured against extravagant 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 company 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 asking 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 employment 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 governmental 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 memorys 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 insure shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the plac e 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 PowerThat 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 cost 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 both 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 postulate and write either the Spanish or English language, and w ho 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 outright prior to his election.Section 14.-Election and Qualification of RepresentativeThat 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 show 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 VotersThat 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 workman deal 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 up 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) Those 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 instruct and write either Spanish, English, or a native language.Sedition Law of 1901No. 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 confidence 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 allejance to the United S tates 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 Hecord, 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 provoke up the ieople 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 olympian 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 mem lHjrship in a society already formed having for its object in whole or in part, the promotion of treason, r(l)(41ion or scdition, 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 eight-day 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 Inited States whether by peaceable or forcible means, or to print, publish or circulate any handbill, newspaper, or other publication, advocating such indeiendence or separation. Any person violating th