Opinion of the Dominicans
Jesus
Admitting the information received against the Negrillos and certain Zambales, who commit assaults; and admitting (what is generally known) the murders committed daily, both past and present, and which have not been committed in their just defense or in just revenge for injuries—as is evident because indeed the Batanes, Panpangos, Pangasinanes, and Ylocos (and these last are the worst sufferers) were at peace with them, and, since that peace, neither the Panpangos nor the others have disturbed them in their villages or on the highways, but, on the contrary, have tried to preserve friendly relations; and admitting (likewise a well-known fact) the custom of this race from the earliest period of killing, whenever possible, Spaniards and Indians, without any distinction, and without having received any injuries, for the sole purpose of proving their courage by their ability to kill men, collecting heads and hanging them up in their houses, as such proof; item, admitting one other certain fundamental, that no incursion has been made into their lands for the sake of provoking them in their common habitation, but that they, on the other hand, invade, from their lands, the royal open highways and the settlements of the peaceful natives, in order to kill those who are living in peace with them, and with all: we render freely an exact opinion.
1. The Negrillos and mountain Zambales have not, because of their former wars, before the arrival of the Spaniards in this land, at present any just title to war against the settled and peaceful people of these islands. This is proved, for, although in those former Page 209times force ruled, and injustice held full sway, and meant different things to each individual, and no distinction was made—as, where two persons quarrel with words, and injure each other equally, there is no satisfaction other than to stop, and there is no distinction in the injury—now, after the pacification of the Indians in settlements, these wars ceased for many years; for which reason the old animosities do not furnish any just pretext for war to either Negrillos or Zambales against the Ilocos, Panpangos, etc. Item: Since those petty wars ceased, the Panpangos, etc., and all the others have not incited the Negrillos or Zambales to war; nor have they done them any injury, either personally or in their lands. Therefore the present action of the Negrillos and mountain Zanbales in committing assaults on the highways and killing as many as they have killed, has no just pretext of war from their neighbors.
2. Second, we assert that the Batanes, Panpangos, Pangasinanes, Ylocos, and other tribes living near the Negrillos and mountain Zambales, have a just pretext for war against the Negrillos and mountain Zanbales—a proof of which is admitted in the fact of the murders, robberies, attacks, and assaults on the highways, made without any just pretext, as we have said in the first conclusion. Therefore, on the contrary, the injured ones have a just pretext against them.
There appears to be no doubt regarding these two conclusions, for they are most certain according to natural reason and to all law. The whole difficulty is whether the injuries committed, the present harm, and that which with some reason is feared (which will be greater each day)—considering also the condition of the Negrillos, and the sort of country in Page 210which they live—whether all these together constitute sufficient pretext for an expedient so severe as war; and if fire and sword are necessary.
To answer this doubt, we must admit that, with the diversities and natural features of countries, and with the characteristics of the peoples therein, is entwined most intimately the jus gentium, as we call it. Accordingly, in some lands some things are regarded as established, and classed with the jus gentium, but not in others; and some things lawful in certain lands are not so in others. On the contrary, things that would be wrong for some would be lawful and jus gentium for others; while things wrong for others would be lawful and honorable to the first, because of the diversity of countries, customs, and race, whence arises this jus gentium. Therefore we say that, if in Castilla, where neither the land nor people of these islands are known, this case were to be judged on only the things written and proved, nothing more than that these people were assaulters would be decided; and an order would be issued to proceed against them as against assaulters. If these things should happen in Sierramorena, no orders would be given to destroy the towns near by; or, if in the Pyrenees, for that reason war would not be declared upon the Gascons or Navarrese. For this would be esteemed a personal offense, and not one committed by the community. But here, where we know the land, the people, and their abominable and long-standing customs, we must esteem it, not a personal, but a communal offense; nor must we presume amendment where ferocity springs from custom, now rendered almost natural instinct, and from the land being unconquerable. Therefore it must be presumed that, Page 211if they are not punished by force superior to their own, they will grow worse each day; for they consider cruelty honorable, and esteem him most who kills most. Therefore, with people of this nature, we apply the saying of Aristo—namely, that it is lawful to make war on and kill like wild beasts, those people who live unsettled and wandering like wild beasts. It is quite evident that Aristo means people harmful to others; for, even when they live like wild beasts, but are not harmful, war is not on that account lawful. And inasmuch as these arguments extend to the Negrillos and Zambales, it is our opinion that the war must be judged as just or unjust rather by the condition of the land and people, the injuries that will be inflicted, and the little relief obtained by employing other methods, than by the severity of the injuries received. It is no remedy to guard the roads, as is quite evident, because they do more harm in one night than the soldiers in a week. Likewise it is no remedy to guard the villages, for the people are obliged to go to the fields, etc. Consequently we say:
That, it is justifiable—by methods which will not cause greater annoyance to the regions adjoining the Negrillos and Zambales—to make war upon the Negrillos and Zambales, even with fire and sword, whenever the above reasons are evident. We prove this by the above statements, for ferocity is a quality among them now almost a natural instinct; and they place all their honor in killing, without caring for any other object. Again, these ills cannot be obviated and prevented, except by destroying them, if it be possible. Item: because there is no hope that they will make peace and settle down; for their happiness consists in living a nomadic life, without any restraint, Page 212and they are a race who never keep any promise.
Item: We say that, because the method of warfare as employed by the Castilians is not by means of rough ground, forests, and dense thickets—as witness the war of Granada, in which Hespaña lost so many men because the rising was in places unknown to the Spaniards but known to the Moors. It has been seen here many times that the Spaniard needs ten or twenty servants to take care of his person, furniture, food, and clothing, alone—from which results more loss than that which the Negrillos and Zambales can inflict in a lifetime. We think, in the absence of better judgment, that, for a specified time, those captured alive should be handed over to the neighboring districts as captives, or remanded to the galleys. Whoever is put to death, let it be by order of the captains, and at the time and place appointed. We render this opinion, as long as this measure does not appear more harmful [i.e., than the harm caused by the Negrillos and Zambales]. If any measure whatever is more harmful, then we shall consider it unlawful, although we are assured that a most justifiable right exists for making war, and for destroying with all the harm possible to them, and less harm to the surrounding people, than is done or can be done by the Negrillos and Zambales. Item: We declare that, as the losses of war are accidental, and depend on artifice, seasons, and innumerable other circumstances, it might well happen that what is advanced one time as justifiable may, given a change of conditions at the time of execution, become unjustifiable; for with the change of conditions the argument of justice or injustice is altered. Page 213