The Philippines: Past and Present (Volume 1 of 2)

by Dean C. Worcester

The committee of congress appointed to draw up a constitution set to work promptly, and by October 16,1898, had proceeded so far with their work that Buencamino was able to write to Aguinaldo that while he had been of the opinion that it would have been best for him to continue as a dictator aided by a committee of able men, yet it would now be a blow to the prestige of congress to suspend its sessions. Aguinaldo noted upon this letter the fact that he did not approve of a constitution.[34]

Apparently early in December the committee submitted their project. In presenting it to congress they said[35] that—

“The work whose results the commission has the honour to present for the consideration of congress has been largely a matter of selection; in executing it not only has the French constitution been used, but also those of Belgium, Mexico, Brazil, Nicaragua, Costa Rica, and Guatemala, as we have considered those nations as most resembling the Filipino people.”

The most important difference between this project and the actual constitution adopted was that, although the project provided that the Dominican, Recollect, Franciscan and Augustinian friars should be expelled from the country and that their estates should become the property of the state, yet it recognized the Catholic religion as that of the state and forbade state contribution to the support of any other, although it permitted the practice in private of any religion not opposed to morality, which did not threaten the safety of the country. The government was authorized to negotiate a concordat with the Pope for the regulation of the relations between church and state. A strong party was in favour of this recognition, but it finally failed of adoption, and the constitution as promulgated provided for the freedom and equality of religion and for free and compulsory education which had not been provided for in the original project. The constitution as approved forbade the granting of titles of nobility, decorations or honorary titles by the state to any Filipino. This paragraph did not exist in the original project, which merely forbade any Filipino to accept them without the consent of the government.

Mabini, the ablest of all Aguinaldo’s advisers, did not approve of the constitution. He himself had drawn up a project for a constitution during June, 1898, but it was not accepted by the committee, the greater part of whom were Catholics and for that reason opposed to Mabini, who was a bitter antagonist of that church. And yet when separation of church and state was finally provided for it did not please Mabini, who, although he was opposed to church control, wrote to Aguinaldo[36] that the constitution as passed by congress was not acceptable and should not be promulgated because the constitutional guarantees of individual liberty could not be maintained, as the army had to be in control for the time being, and furthermore it was not expedient to separate church and state, as this separation would alienate many of their adherents. Indeed, there was not much in the constitution which he thought ought to take immediate effect,[37] and he wrote that congress was ill-disposed toward him because he had refused to agree to its promulgation. Existing conditions were such that he believed that all powers should be vested in one person. He warned Aguinaldo that if the constitution were put in force, he would be at the mercy of his secretaries. On January 1, 1899, Aguinaldo, probably at the suggestion of Mabini, proposed certain changes in it.[38]

Evidently the provisions of the constitution did not worry Aguinaldo much, as is shown by his reply to the request by some of his officers for information as to what reward those who were first in the attack on Manila should receive. He promised them such titles as marquis, duke, etc.[39]

On January 2, 1899, Aguinaldo announced the formation of a new cabinet made up as follows: Apolinario Mabini president and secretary of foreign affairs; Teodoro Sandico, secretary of the interior; Mariano Trias, secretary of the treasury; Baldomero Aguinaldo, secretary of war and navy, and Gracio Gonzaga, secretary of fomento.[40] On January 4 Mabini took the oath of office as the president of the council of government. This body met twice a week at Malolos on set days, and at the close of its deliberations forwarded to Aguinaldo a statement of the subjects discussed and the conclusions reached for his decision. The president of the republic did not preside at, or take part in, its deliberations.

On January 4, 1899, General Otis issued a proclamation in which he announced that the United States had obtained possession of the Philippines and that its government would be extended over the islands of the archipelago. Aguinaldo replied next day with one which, if not intended to be a declaration of war, was at least a warning that hostilities were imminent. This proclamation was carried into Manila by his emissaries and posted up over the one issued by the American commander. It was a challenge to a trial of strength, and Aguinaldo and his advisers hastened their preparations for the coming combat.

The secretary of the interior on the same day sent an order to the heads of all provinces directing the organization of territorial militia to resist the American invasion, and ordering the heads of the towns to hold meetings of the people to protest against the aggression of the United States. They were held in accordance with these orders, and records of the proceedings were sent to Malolos and published in the official organ of the government as evidence of the feeling of the people. It was, however, not considered necessary in publishing them to mention the fact that they had been held in compliance with orders.

On January 14, 1899, Mabini wrote to Aguinaldo[41] recommending changes in the proposed constitution, which he still liked as little as ever. He was afraid that Negros and Panay would refuse to accept the form of government it prescribed. The worst thing about it was that the Americans would be less disposed to recognize Aguinaldo’s government; for when they saw the constitution they would know, as it made no mention of them, that the Filipinos wanted independence. Mabini thought that it was possible that the wording of the constitution might have been deliberately planned by members of the congress in favour of annexation to the United States, so that that country would be warned, would become more mistrustful, and would refuse to recognize Aguinaldo’s government. Whatever the president of the council may have thought about the theoretical advisability of a congress to represent the people, he found one much in the way when he had obtained it.