He never heard of the effort of London friends to deliver him at Singapore by means of habeas-corpus proceedings. Mr. Regidor furnished the legal inspiration and Mr. Baustead the funds for getting an opinion as to Rizal’s status as a prisoner when in British waters, from Sir Edward Clarke, ex-solicitor-general of Great Britain. Captain Camus, a Filipino living in Singapore, was cabled to, money was made available in the Chartered Bank of Singapore, as Mr. Baustead’s father’s firm was in business in that city, and a lawyer, now Sir Hugh Fort, K.C., of London, was retained. Secretly, in order that the attempt, if unsuccessful, might not jeopardize the prisoner, a petition was presented to the Supreme Court of the Straits Settlements reciting the facts that Doctor José Rizal, according to the Philippine practice of punishing Freemasons without trial, was being deprived of his liberty without warrant of law upon a ship then within the jurisdiction of the court.
According to Spanish law Rizal was being illegally held on the Spanish mail steamer Colon, for the Constitution of Spain forbade detention except on a judge’s order, but like most Spanish laws the Constitution was not much respected by Spanish officials. Rizal had never had a hearing before any judge, nor had any charge yet been placed against him. The writ of habeas corpus was justified, Page 233provided the Colon were a merchant ship that would be subject to British law when in British port, but the mail steamer that carried Rizal also had on board Spanish soldiers and flew the royal flag as if it were a national transport. No one was willing to deny that this condition made the ship floating Spanish territory, and the judge declined to issue the writ.
Cell in which Rizal was imprisoned, and dungeon where he was incomunicado, Fort Santiago.
Rizal reached Manila on November 3 and was at once transferred to Fort Santiago, at first being held in a dungeon “incomunicado” and later occupying a small cell on the ground floor. Its furnishings had to be supplied by himself and they consisted of a small rattan table, a high-backed chair, a steamer chair of the same material, and a cot of the kind used by Spanish officers—Page 234canvas top and collapsible frame which closed up lengthwise. His meals were sent in by his family, being carried by one of his former pupils at Dapitan, and such cooking or heating as was necessary was done on an alcohol lamp which had been presented to him in Paris by Mrs. Tavera.
An unsuccessful effort had been made earlier to get evidence against Rizal by torturing his brother Paciano. For hours the elder brother had been seated at a table in the headquarters of the political police, a thumbscrew on one hand and pen in the other, while before him was a confession which would implicate José Rizal in the Katipunan uprising. The paper remained unsigned, though Paciano was hung up by the elbows till he was insensible, and then cut down that the fall might revive him. Three days of this maltreatment made him so ill that there was no possibility of his signing anything, and he was carted home.
It would not be strictly accurate to say that at the close of the nineteenth century the Spaniards of Manila were using the same tortures that had made their name abhorrent in Europe three centuries earlier, for there was some progress; electricity was employed at times as an improved method of causing anguish, and the thumbscrews were much more neatly finished than those used by the Dons of the Dark Ages.
Rizal did not approve of the rebellion and desired to issue a manifesto to those of his countrymen who had been deceived into believing that he was their leader. But the proclamation was not politic, for it contained none of those fulsomely flattering phrases which passed for patriotism in the feverish days of 1896. The address was not allowed to be made public but it was passed on to the prosecutor to form another count in the indictment of José Rizal for not esteeming Spanish civilization.
Page 235The following address to some Filipinos shows more clearly and unmistakably than any words of mine exactly what was the state of Rizal’s mind in this matter.