compatible with the purposes of military government, and that they be administered through ordinary tribunals substantially as before occupation, but by officials appointed by the government of occupation. A provost-marshal-general will be appointed for the city of Manila and its outlying districts. The territory will be divided into subdistricts and there will be assigned to each a deputy provost-marshal. The duties of the provost-marshal-general and his deputies will be set forth in detail in future orders. In a general way they are charged with the duty of making arrests of military as well as civil offenders, sending such of the former class as are triable by court-martial to their proper commands, with statements of their offenses and names of witnesses, and detaining in custody all other offenders, for trial by military commission provost courts, or native criminal courts, in accordance with the law and the instructions hereafter to be issued; * * * By virtue of this proclamation the criminal jurisdiction of the territorial audiencia of Manila and of the local minor courts was suspended; and on August 22 the local courts were forbidden jurisdiction of any kind over crimes and offenses committed by or against any person connected with the army; such offenses were made triable by military commissions whose punishments were "to conform to the laws of war of the United States, or of either of the states, or the customs of war." The jurisdiction of provost courts extended to all crimes and offenses not exclusively triable by court-martial or military commissions, including violations of orders and of the laws of war, and they had power to award a punishment not to exceed one year's confinement and a fine not to exceed $1,000. The provost court of the province of Manila could sentence for two years and give a fine of $5,000. Capital crimes and offenses were made punishable by military commissions or courts-martial. Sentence of death or of imprisonment exceeding ten years required the approval of the commanding general of the division. Army officers were judges of the provost courts which were organized in all the provinces under military occupation pending the revival of the local civil courts. On October 7, 1898, by General Orders, No. 8, the civil courts throughout the islands, which were held and constituted under the laws of Spain prior to August 13, were permitted to resume their civil jurisdiction subject to the supervision of the military government. On January 30, 1899, the civil jurisdiction of the audiencia of Manila was suspended, but on May 29, 1899, both the civil and criminal jurisdiction of this tribunal were restored, and it was reconstituted under the name of the Supreme Court of the Philippine Islands, with the following organization: One president, a civil branch with one president and two associate justices, a criminal branch with one president and four associate justices, one attorney, and one assistant attorney. Of the associate justices, four were Filipinos and three were officers of the Army. The president was Señor Arellano, the present chief justice of the Philippines. On June 5, 1899, the courts of first instance and justices' courts of the province of Manila were reestablished with the civil and criminal jurisdiction they had prior to August 13, 1898, to be exercised by them as far as compatible with the supremacy of the United States. The island of Negros having acknowledged the sovereignty of the United States, provision was made in General Orders, No. 30, of July 22, 1899, for a judiciary consisting of a superior court of three judges, in whom the judicial power was vested, and such inferior courts as might be established. Appeal was authorized to the supreme court at Manila, in certain cases. As the various provinces became pacified, the local courts were all reestablished. Certain amendments were made in the criminal code of procedure by the military governor, and authority was given to all courts superior to a justice's court to issue the writ of habeas corpus (April 23, 1900). From this time to July 4, 1901, when the civil government replaced the military government, the civil and military courts were continued side by side under military supervision, each within its proper limits, the justices and judges of all the civil courts except the supreme court being Filipinos.1 On June 11, 1901, the Philippine Commission passed act 136, which went into effect June 16, reorganizing the courts and establishing the present judiciary. Under its provisions "the judicial power of the government of the Philippine Islands was vested in a supreme court of one chief justice and six associate justices; a court of first instance in every province in which civil government shall be established; and a court of justice of the peace in every municipality of a province in which there is a court of first instance." The organization and jurisdiction of these courts will be found in the act referred to. This act also provided for an attorney-general, an assistant attorneygeneral, and a solicitor-general; repealed the jurisdiction of provost courts over civil actions, and transferred such actions as were pending in the provost courts to the proper civil tribunal in which they would have been brought under the provisions of the act had it been in force when such actions were commenced. This terminated the jurisdiction of all military tribunals over civil cases, except in those parts of the Philippines which remained under military control. By act 140, of June 12, 1901, the Philippine Islands were divided into fifteen judicial districts for courts of first instance, the city of Manila constituting one district, and on June 27 were initiated the 1Owing to the animosities between the Filipinos and Spaniards, it was found to be practically impossible for a Spaniard to preside as a judge without exciting intense ill feeling.-Director. many important and salutary changes which have been made by the insular government, and which, commencing with the substitution of stenographers and typewriters for longhand writers in the courts, and embracing all other details of the entire Spanish colonial judiciary as it existed in the Philippines at the time of American occupation, have transformed it into a system under which we have a more simple code of civil and criminal procedure, following American methods, and an avoidance of the great delays which previously existed in the disposal of cases and criminals. In fact, delay is now more a question of a sufficient number of judges than, as formerly, of voluminous and abstruse forms, and of petty interlocutory appeals or other means of obstructing and arresting the course of justice. It is manifestly impracticable in a sketch of this brief character to relate in detail all that has been done for the Filipinos in this way, more especially as the student and investigator may find it in the published acts and reports of the Philippine Commission. It is sufficient to say that the successive steps taken in changing the judicial system are of great interest, and illustrate in a conspicuous manner the adaptability of American legal institutions to the greatest of our new possessions. Until January 1, 1906, Spanish will be the official language of all the courts, and after that English; meanwhile the supreme court and courts of first instance may in any case order a duplicate record of a case in the English language whenever, in the opinion of the court, the public convenience and the interest of the litigant parties will be promoted thereby. This is a fortunate settlement of a difficult question, and is equally fair to the English and Spanish speaking lawyers, besides preventing the resentment which would have followed had English been forcibly imposed on the people by operation of law. POPULATION. I. HISTORY OF THE POPULATION. Christian or Civilized Tribes-Non-Christian or Wild Tribes-Chinese and other Foreign Elements in Filipino Races. BY DR. DAVID P. BARROWS, The Christianized Filipino tribes to-day constitute a total of nearly seven million souls. Their ancestors probably did not number more than half a million at the time of the Spanish settlement of the Philippines. Exclusive of the present pagan and Mohammedan tribes, the people of the Philippine Islands have multiplied about fourteen times in the three hundred and eighty-two years which have elapsed since Magellan's arrival in Cebú. The earliest complete enumeration of the islands appears to have been the Relación de Encomiendas, which was made in the year 1591, twenty-six years after the arrival of Legaspi. At that time the Spanish conquest of the islands had been completed and the archipelago was almost as completely in the military possession of the Spanish as it was during the two centuries which followed. A great part of the Christianizing of the population had yet to be achieved, but from the valley of the Río Grande de Cagayán to the northern coast of Mindanao the natives had been made to feel the hand of the Spanish conqueror and were submissive to Spanish authority. The Relación de Encomiendas gives the total number of souls in 1591 in all the provinces and islands reduced to subjection as 667,612. We shall have occasion presently to examine this enumeration in greater detail, but for the present we may occupy ourselves with a few confirmations of the general sparseness of population at the time of the discovery. Ethnologically, no less than geographically, the Philippines belong to the Malay archipelago. With the exception of the aboriginal dwarf blacks, the Negritos, who are still found inhabiting the forests in a great number of localities, all the tribes of the islands, whether Christian, Mohammedan, or pagan, are, in my belief, derived from the Malayan race. We probably have in these tribes two types which represent an earlier and a later wave of immigration, but all came from the south, all speak languages belonging to one common stock, and all are closely related in physical type and qualities of mind. As representative of the first migratory movement may be named the Igorot, the mountain head-hunters of northern Luzón, and of the latter almost any of the present Christian or Mohammedan tribes. The migratory period of this latter type, which constitutes the great bulk of the present population of the islands, is almost covered by the early historical accounts of the exploration and settlement of the Far East. Four hundred years ago, when the Portuguese discoverers and conquerors reached southeastern Asia, they found the long peninsula in which the continent ends, and the islands stretching south and east in this greatest and most famous of archipelagoes, inhabited by a race which called itself Malayu. On the island of Java this race had some ten centuries before been conquered by Brahmin Hindus from India, whose great monuments and temples still exist in the ruins of Boro Budor. Through the influence and power of the Hindus the Malay culture made a considerable advance, and a Sanskrit element, amounting in some cases to 20 per cent of the words, entered the Malayan languages. How far the Hindu actually extended his conquests and settlements is a most interesting study, but can hardly yet be settled. He may have colonized the shores of Manila bay and the coast of Luzón, where the names of numerous ancient places show a Sanskrit origin. The Sanskrit element is most pronounced in the Tagálog and Moro tongues. (Pardo de Tavera, El Sanscrito en la Lengua Tagala.) Following the Hindus into the Malay archipelago came the Arabs. They came first as voyagers and merchants, and here as always the Arab was a proselyter, and his faith spread rapidly. Long before the Portuguese arrival Islamism had succeeded Brahminism and the Arab had supplanted the Hindu. Two hundred and fifty years before the arrival of the Portuguese, Marco Polo, on his return from China, had passed through the Malay archipelago, and spent six months on the eastern coast of Sumatra. Even then, in the year 1260, he tells us that the seacoast population were "Saracens." Mohammedanism gradually made its way until, on the arrival of the Europeans, its frontiers were almost the same as those of the Malay race itself. The people who carried this faith, and who still rank as the type of the race, were the seafaring population, living in boats as well as on the shore, who control the islands of the straits between Sumatra, the Malay peninsula, and Borneo. These people received from the Portuguese the name of Cellates, a corruption of Orang Salat (Sea Folk). Under the influence of Mohammedanism this race, which seems to have originated in Sumatra, improved in culture, formed many settlements and principalities, and because of their seagoing habits, their |