Читать книгу The Philippine Islands - Ramon Reyes Lala - Страница 21

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The following experience of an American friend of mine, whom I knew very well in Manila, will bring out in a graphic way the course of justice in the Philippines. Nor is his experience uncommon. It is, in fact, the usual one of the stranger or the native who goes to the fountain of Justice for the redress of a grievance.

I quote part of his letter written to a common friend:

In 1871 I joined Mr. William Morton Clark of Philadelphia, who had a large timber business on the island of Luzon, and started cutting some timber contracted for by the Chinese government.

I soon discovered that I was interfering with the business of a certain priest, who was also in the same line of business.

Shortly before this, this priest and an inspector of roads had loaded the Spanish bark Santa Lucia for Hong-Kong, and had made things so disagreeable for others who had tried to ship merchandise that foreigners were becoming afraid to risk their capital.

Mr. Clark finding how things were going on soon abandoned the enterprise, and I then determined to fight the thing out on my own account.

At this time I had 25,000 cubic feet of hard timber, cut and squared, for a foreign market, eighty-two buffaloes for hauling, and a plant of machinery and appliances valued at $7,000.

I had a license for carrying on my business, duly granted by the superior government, and in 1874 chartered a vessel at Manila to carry my timber to Hong-Kong, and then went to the port of Love, where my timber was, taking with me $940 in gold to prepare for the vessel’s arrival and to continue cutting.

Upon arriving at Love I found that during my absence at Manila a portion of my timber had been forcibly taken possession of and had been shipped on board the Spanish bark Teresa by Joaquin Barcello, the captain of the Teresa, who was then on his way to Hong-Kong. I also learned that my buffaloes, stock and rice had been removed, and that Juan Gaal, my foreman, whom I had left in charge of my property, was all subject to the orders of this Barcello, and that my choppers had been bribed into the service of Padre Fidel Moreno, the priest of the town.

When I complained of this I was confronted with a document signed by the Adelantado of Love, to the effect that no notice should be taken of my complaints, to give no testimony in my behalf (thereby shutting me out of my legal rights), and that my foreman, Juan Gaal, should look after the interests of Captain Barcello until the captain’s return from China.

I then applied to the Governor, protesting against the robbery of my timber and the appropriation of my property by Captain Barcello and Juan Gaal, but was merely told that the commandante had so ordered and that there would be no interference.

Seeing there was no justice to be had at home, I sought to regain my rights at Manila and so left the next morning for Manila on the bark Industria, taking with me all my private papers, contracts, &c.

That night we encountered a terrible typhoon in which the vessel was wrecked, and all that I was able to save was the clothes I then wore.

Upon my arrival at Manila I put in a complaint against Captain Barcello, and also against Padre Moreno and the commandante of the district, as accomplices in the above fraud and robbery.

The case dragged along, as is customary in Spanish countries, and about a year later my funds were all exhausted. At this time a Spanish friend at Manila, acquainted with my misfortunes, took me to his home and lent me some money, shortly afterwards sailing for Europe.

With this money I returned to Love, expecting to find at least a portion of my timber left which I intended to ship. Upon arriving at Love I found that Captain Barcello had been there before me and had seized and shipped everything but a few worm-eaten logs. Barcello had even hauled the timber I had cut in the mountains, and aided by his accomplices had cleaned me out entirely during my absence.

In the Lumber District.

I saw it was no use to complain further, and so I set to work to cut some more timber, and after much trouble and expense got two cargoes ready and left for Manila, intending to go from there to Hong-Kong to sell what I had last cut.

Learning that Barcello was in Manila and was about to leave for Hong-Kong, I applied to the Alcalde, Señor Torranco, who had my suit in charge, to stop Barcello from leaving the country, as my case against him had not yet been decided.

This didn’t benefit me much, as the Alcalde wouldn’t grant my request, and although a case of robbery and fraud was pending against him, Barcello was allowed to leave without hindrance.

I then applied for my passport, but to my surprise this was refused me, on the ground that my suit should first be decided.

I then returned to Love, having authorized Charles Germain to charter for me, and in due time I had despatched three cargoes to Hong-Kong, but finding that my presence in Hong-Kong would be absolutely necessary for the success of my business I applied a second time for my passport, and was again refused.

Thinking that if I offered security I would be allowed to leave the town, I named a friend who was willing to go on my bond, but the Alcalde shut me off from this chance by sending his clerk to my friend’s house, and succeeded in so frightening him that my friend withdrew his name as my bondsman.

I know that this act was done deliberately, as at this time, and during the whole of my suit, the Alcalde was on the most intimate terms with Captain Barcello.

My next step was to protest against Señor Torranco trying or hearing my case, as I showed conclusively that he was hand and glove with Barcello. This had the desired effect, and the case was transferred to another Alcalde. Torranco had, however, served his friend well: he had stopped my passport at a vital point in my business on a frivolous pretext.

I was a foreigner, and that was enough, and not being able to obtain permission to leave the country, all my efforts being frustrated by those in power, although I was the aggrieved and injured party, I was held a captive in Manila, my business, meantime, going to ruin abroad.

This state of affairs continued for months, with no signs of any beneficial change in my circumstances, and so I finally brought the matter officially before the American Consul, who wrote to the Captain-General, stating my case in full, and advised me to abandon my suit, which I did, the Consul officially notifying the Captain-General of the fact.

From that day to this I have been sustained by my friends. My means were exhausted, and I was compelled to leave the hotel a beggar on the streets, with my resources all gone and heavy debts pressing upon me.

Mr. Collins was never able to get justice, though he tried frequently. His experience is no uncommon one. The establishment of a pure judiciary and the purification of the courts should be one of the first reforms undertaken by the Americans.