CAPADOCIA TO FULLON, APRIL 10, 1899

Exhibit 1244.

[Original in Spanish. Contemporary copy. P. I. R . , 116. 2a.]

The most worthy provincial council whose seat is this pueblo temporarily the capital of the province has dictated the following: The provincial council of Antique [Panay] April 9th 1899. According to the preceding communications the Military Commander Señor Leandro Fullon hns decided and ordered published by the captain of his staff in general orders dated yesterday, "1st. That a military government is established which will be invested with the powers of the head of the province provisionally and the headquarters of this government is provisionally, in the pueblo of Antique. 2nd. That the provincial council is under the orders of the Military Governor. 3rd. That the local presidentes will have command in active service of the territorial forces in their respective pueblos. 4th. That all offenses which are committed will be punished according to the laws of war. 5th. That the Local Presidentes as local commanders with a military character will be under the command of the military governor as he as the general in chief of the operations in the Visayan group and is obliged when the necessities of the war require it, to assume the powers of the head of the province and to establish a military government, that the supreme government itself does not prohibit this since Tarlac, Batangas, Laguna, Capiz and other provinces of the archipelago are so ruled and by authorities of the same title that of Military Governor an official who holds it provisionally and apart from this is charged with those powers by the supreme government of the nation which permits him to command in a military manner and these do not require him to explain and discuss as the council desires that he should do and furthermore he orders that in the future his orders will not be discussed since a state of war exists and this is imposed by that status, a soldier does not discuss his orders; but he nevertheless informs the council that the territory of the Philippine Islands is menaced by the enemy with an invasion which is and always has been an act of brutal force to take possession of a territory, violating every kind of right; it is not possible to make distinction about this or that portion of the territory since it is all menaced and when a military government is once established there are reasons for making communications to no one because the general and commander of operations in the field has his secrets of campaign which only the other commanders under his orders who also are soldiers must know, it is not for any civilian to know them unless the military commander sees fit to publish them and he accordingly orders the council to obey him in all things since he is the military governor at least until such time as he may be succeeded by someone else if he sees fit to appoint him and the council will obey the following instructions. 1st. Whatever matter reaches the hands of the council will be referred to the military governor for his decision. 2nd. The collection of all classes of taxes will be suspended. 3rd. The council will continue investigating all matters now pending before it and will report what it is doing. 4th. The council will recognize as its head the the Military Governor."

Considering the fact that the council or provincial assembly has a purely civil character and is not a division of the army regular or irregular nor is it a citizen of no importance, its members nat being subject to strict military discipline and as our institutions are established under the theory of the utmost possible decentralization of government, executive, judicial and administrative in a province which is based upon the sanest democratic principles, it can not only reason and discuss, which is reprehensible enough among military men divided as they are into soldiers, non commissioned officers and officers, but also because as it is charged with executing the provisions of the supreme government of the nation in accordance with article 5 of the decree of June 18th, 1898 it is obliged to propose not to some military commander or other, but to the same supreme government such means as it may consider wise to adopt for the good of all as formerly it asked the office of the President to order that the order establishing a military government with its headquarters in the town of Antique should be declared void.

Considering that the obedience exacted by General Fullon, which can be blind when demanded of soldiers engaged in active service, under his orders, cannot be given by this council since its duty is to oppose always as it opposes now all measures taken by military commanders (whose superiority in rank it does not recognize in the least) unless their measure are based upon legality; and assumption of the authority of the head of the province by the superior military commander Señor Fullon when the province is not ·occupied either in whole or in part by the enemy nor menaced by it because in spite of the fact that the American steamship R. Mellisa was taken by us some twenty four days ago on the 16th of March, no squadron has appeared not merely not to open fire upon it but not even to recover it.

Considering that the political union of all of the Filipinos forms a nation whose sovereignty resides exclusively in the people and that it exercises three distinct powers called legislative, executive and judicial which are shared in by the provincial council or assembly according to Articles 1, 3 and 4 of the constitution in force in accordance with the, decree of the Honorable President Don Emilio Aguinaldo y Famy given in Malolos on January 21st last in which he calls upon all authorities both civil and military of any class and dignity to guard, comply with and execute it in all its parts as it expresses the sovereign will of the Filipino people.

Considering that in the Filipino Republic no one may be tried according to special laws or by special tribunals and that no person or corporation can have rights not granted to others or receive emoluments except in return for public services and these salaries must be laid down in the laws, the only special legislation being for the departments of war and the navy for crimes and negligencies which affect military and maritime discipline according to article 31 of the Constitution.

Considering that the supreme government or in its place the national assembly is alone authorized to intervene in the actions of the provincial assemblies when they exceed their powers to the prejudice of the general interests or of those of individuals with the purpose of stopping such action according to No.4 of Article 82 of the constitution.

Considering that although every Filipino is obliged to defend the country with arms it is only when called upon to do so by the law and if he is called upon to contribute toward the expenses of the state he can. only be called upon to do so in proportion to his means, according to Article 27 of the Constitution but it is furthermore necessary that these taxes shoud be laid down by the assembly or by the popular bodies legally authorized to impose them in accordance with Article 18 of the said Constitution.

Considering that it is not necessary to obtain previous authorization before proceeding in the ordinary tribunals against public functionaries whatever may be their offences for the order does not excuse from responsibility in case of a clear and manifest violation of the Constitution, and in other cases it only exculpates the agents who are not allowed to exercise authority according to Article 29 of the Constitution.

Considering that the crime of usurpation of powers is committed by the public functionary who invades the province of the legislative power by dictating regulations and general rules of action exceeding those which are permitted such functionary, or which suspend or do away with a law and this offense is also committed by the administrative officials or the soldiers who dictate to any authority orders relative to matters or affairs the knowledge of which or any decision upon which may be the exclusive concern of the tribunals of justice in accordance with articles 373 and 376 of the Spanish penal code in force in accordance with the additional instructions to the Decree of June 18th 1898 and article 94 of the Constitution.

Considering that if the functionaries formerly mentioned should yield to the pressure exerted by Señor Fullon the military commander they too would incur the responsibility which rests upon him; the members of the council whose treasure of patriotism is unknown to none since the authors of an offence are held to be not only those who take a direct part in its execution but who cooperate in it by actions without which it otherwise would not have been executed according to article 3 of the said code. The members of the council unanimously believe that they should declare and do declare 1st. That it is in every way imprudent as well as inconvenient to establish a military government in this province to assume the powers of the head of the province since the first paragraph of article 8 of the decree of June 18th 1898 only speaks of the appointment of military commanders and not of military governors and prohibits them from taking part in the administration of the province itself. 2nd. It is equally imprudent and more than imprudent an attack upon the legitimate prerogatives of the provincial council to oblige it to place itself at the orders of the military commander as though its members belong to the army engaged in operations without being governed by any law or legal dispositions other than the despotic will of a military commander who establishes himself as military governor of this province which is not menaced or occupied in whole or in part by the enemy hence this body is unable to accept as maxim of law a status which is cited as being analogous to this, that is, that Tarlac, Batangas, La Laguna, Capiz and other provinces of the archipelago are under command of military governors, this status in fact is probably confused with that of military commanders who can assume the powers of a head of a province according to the 2nd paragraph of the said decree and their powers are limited to those of Spanish political military governors. 3rd. It is also incomvenient to oblige the heads of the towns to accept command of the territorial militia, but nevertheless the undeniable patriotism of the same can be appealed to, to accept the local command of said forces when the condition provided for in the 2nd paragrah of article 8 arrives and the necessary for mobilizing them arrives, although up to the present they are without arms to provide them, on account of the want of time and of resources for obtaining them and further the military commander Senor Fullon has not deigned, although it was ordered in the general order dictated by the Honorable President Señor Emilio Aguinaldo y Famy on February 7th 1899 to disarm the demoralized force of engineers stationed in this province in spite of it having been asked for by this council nor indeed has he deigned to reply to the communication which upon this matter was contained in my former letter in which he was prayed to deliver over to the civil jurisdiction of the local chief of San Jose de Bta. and to that of this council the captain and soldiers of the said force who committed the offences of forcible entry of a dwelling, attempted rape and rape. 4th. It is also illegal and illegal because it is a case of usurpation of authority to abrogate what is prescribed by article 31 of the Constitution which says "no one can be judged by special laws or special tribunals." On this account they should decide and do accordingly decide unanimously to direct a new communication to Senor Fullon the military commander - forwarding him a complete copy of this letter in order that he may comply with what the laws prescribe and accordingly immediately revoke the orders whose contents are embodied in the cammunication quoted and in order that in future he may abstain from invading the civil power of the provincial council which here in Antique represents the supreme government of the nation, since if he does not do so the said council atlhough with the most profound pain in the souls of all of its members will see itself forced to proceed against him as the methods of justice may prescribe and they furthermore ask him to send circulars to all of the local chiefs asking them in their turn to inform the inhabitants of their respective pueblos so that every and each one of them will strictly comply with all of the orders dictated by this council within its proper and peculiar powers of government and administration of these pueblos and within its jurisdiction as superior tribunal of justice in this provInce; and at the proper time to state that in future they must avoid any attack upon the union of the Filipinos and they must constantly keep in memory the last paragraph of article 29 of the decree of the 23rd of June 1898 and they also inform him that when the case provided for in the article 8th of the decree of that date and year arrives he may assume the powers of political military governor of the province but that he must in no way meddle with the departments of justice and registry and of taxation and of property; all of that he will leave to the hands of the provincial council which will remain in complete independence of the military authority in the exercise of its jurisdiction over those branches. And taking into consideration what has been provided in the last paragraph of article 20 in that numbered 3 in the Constitution which prohibits any armed force from exercising the right of petition, the suspension of all forms of taxation will not go into effect other than those taxes exacted by the military commanders, since they are prohibited by article 18 of the same Constitution and accordingly circular orders must be sent to the local officials of this province warning them that they must proceed to collect the taxes and imposts established by the Spanish Government in accordance with the instructions contained in article 32 of the instructions dated June 20th last in amplification of the decree of June 18th and of that year drawn up and issued by Señor Apolinario Mabini President of the Council on January 24th just passed by order of the Honorable Señor Don Emilio Aguinaldo president of the supreme government of the nation and which was circulated by this office at the last of February of this year and the said local officials must display the utmost zeal and interest in crushing out every intention of sedition or of rebellion which is shown by any citizen against any class of instructions legally issued by legitimate authorities, drawing up in their cases the appropriate charges which will be forwarded to this provincial council with the culprit or culprits. Say to Señor Emigdio Mascoso Captain of the General Staff that he must in future bear in mind the provisions of the 2nd paragraph of articles 29 and 91 of the Constitution. Communicate this action to the Council of the Federal State and report it to the supreme government of the nation through the secretary of the interior, for the appropriate action if within 48 hours Señor Fullon does not reply to this council stating that their action is the legal one. This was agreed to and the record was signed. I have the high honor of farwarding this to you in accordance with the directions contained in the first agreement. I beg you to advise me of the receipt of the present.

God keep you many years.

LIBALOAN, April 10th, 1899.

SANTOS CAPADOCIA Y OBERES.

Señor LEANDRO FULLON, Commander of Antique.