The Philippine Islands, 1493-1803; 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, commericial and religious conditions of those islands from their earliest relations with European nations to the beginning of the nineteenth century; [Vol. 1, no. 36]

1649-166] CONDITION OF PHILIPPINES, 1842

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the prince is meritorious. The pardon which he
grants is a triumph obtained over himself! But
when one treats of a crime against society, the pardon
is not an act of clemency, it is a downright prevarication.... Every criminal who escapes justice
threatens the public safety and innocence is not protected by being exposed to become the victim of a
new crime. When a criminal is absolved all the
crimes that he can perpetuate are committed by his
hands." In no army are there so many executions as
in that in which slight faults are disregarded. How
many charges can be laid to the door of the one who
carried away by a poorly understood charity, contributes to the increase, in any society, of assault,
theft, assassination, tears, and executions. "Every
pardon granted to a criminal," says Filangieri,66 "is
a crime committed against humanity." I cannot conceive how there is anyone who can imagine that the
exercise of kindness to evil doers is useful or agreeable to the good. I believe, on the contrary, that
those are lamented by the people who are unsafe in
their houses while they are paying contributions to
the government which is obliged to protect them.
[Other reflections of a similar nature follow.]
The tribunal might declare that it works in accordance with the spirit of the Leyes de Indias, but
be that as it may, it is, in my opinion, certain that
with this system of tolerating everything from the
natives, and of punishing and degrading the subordinate authorities, the Audiencia of Manila is losing
the islands.
66 Probably referring to La scienza della legislazione of
Gaetano Filangieri, the Italian jurist, who lived 1752-88. He was
influenced somewhat by Montesquieu.