The Ola insurrection had continued from October, 1902, to October, 1903, without suspension of civil government. During that period the jail had been filled far beyond its reasonable capacity most of the time. It sometimes had contained many hundreds. As to the sanitary conditions, in passing the jail building one day in company with one of the provincial officials, he remarked to me, nonchalantly: “It’s equivalent to a death sentence to put a man in that jail.” I afterwards found out that this was no joke. During most of my visit to the province I was too busy holding court and separating the sheep from the goats, to think much of anything else. But toward the close of the term, after Christmas, after Governor Taft had left the Islands and gone home to be Secretary of War, an incident happened that produced a profound impression on me, suggested a new view-point, and started troubled doubts as to whether the whole Benevolent Assimilation business was not a mistake born of a union of avarice and piety in which avarice predominated—doubts which certain events of the following year, hereinafter related, converted in conviction that any decent kind of government of Filipinos by Filipinos would be better for all concerned than any government we could give them, hampered as we always will be by the ever-present necessity to argue that government against the consent of the governed is not altogether wrong, and that taxation without representation may be a blessing in disguise. The Yule-tide incident above alluded to was this. Most of the docket having been disposed of, and there being a lull between Christmas and New Year’s day which afforded time for matters more or less perfunctory in their nature, the prosecuting attorney brought in rough drafts of two proposed orders for the court to sign. One was headed with a list of fifty-seven names, the other with a list of sixty-three names. Both orders recited that “the foregoing” persons had died in the jail—all but one between May 20 and Dec. 3. 1903 (roughly six and one-half months) as will appear from an examination of the dates of death—and concluded by directing that the indictments be quashed. The writer was only holding an extraordinary term of court there in Albay, and was about to leave the province to take charge of another district to which Governor Taft had assigned him before leaving the Islands. The newly appointed regular judge of the district, Judge Trent, now of the Philippine Supreme Court, was scheduled soon to arrive. Therefore the writer did not sign the proposed orders but kept them as legal curios. A correct translation of one of them appears below, followed by the list of names which headed the other (identical) order:
THE UNITED STATES OF AMERICA, PHILIPPINE ISLANDS, EIGHTH JUDICIAL DISTRICT
In the Court of First Instance of Albay
The United States against
DECREE
The defendants above named, charged with divers crimes, having died in the provincial jail by reason of various ailments, upon various dates, according to official report of the jailer, it is
ORDERED BY THIS COURT, That the cases pending against the said deceased persons be, and the same are hereby, quashed, the costs to be charged against the government.
Judge of the Twelfth District acting in the Eighth.