Union Calendar No. 206. 62D CONGRESS, T T 0 l 2D SESSION. H R. 22 143. [IReport No. 606.] IN THE HOUSE OF REPRESENTATIVES. MARICH 20, 1912. MR. JONES intro(luced the following bill; which was referred to the Committee oil Insular Affairs and ordered to be printed. AmRIL 26, 1912. Reported with aimendmenlts, committed to tlhe Committee of the Whole House on thle state of the Unllioll, ad ordered to be printed. [Oi()it the pa)rt struck through and insert the part prinlted in it;lic.1 A BILL To establish a qualified independent government for the Philippines and to fix the date when such qualified independence shall become absolute and complete, and for other purposes. Whereas it was never the intention of the people of the United States in the incipiency of the War with SI)ain to make it a war of conquest or for territorial aggrandizement; and Whereas it is, and always hlas b)ee((, the purplose of the people of the United States to relinquish sovereignty over the Philippine Islands and the people thereof, and to permit said people to establish for themselves an independent goverlnelnt; and Whereas in order to accomlllish the aforesaid purpose, and to establish justice, and insure tranquillityin the Philippines, and to provide for the defense, and to promote the welfare of the people of the islands, and to secure the blessings of liberty to them and their posterity, the people of the United States do ordain and establish this Act of Congress' as a constitution for the Philippine Islands to remain in force and effect until altered or repealed as hereinafter provided: Therefore 1 Be it enacted by the Senate and House of Representa2 tiles of the United States of l Amierica in Congress assembled, 3 SECTION 1. That the provisions of this Act, and the 4 name, "The Philippines," as used in this Act, shall apply 5 to and include the Philippine Islands ceded to the United 6 States Government by the treaty of peace concluded between 7 the United States and Spain on the eleventh day of April, 8 eighteen hundred and ninety-nine, the boundaries of which 9 are set forth in Article TIl of said treaty, together with 10 those islands embraced in the treaty between Spain and the 11 United States concluded at Washington on the seventh day 12 of November, nineteen hundred. 13 SEC. 2. That on and after the fouith day of July, nine14 teen hundred and thirteen, and for the period of eight years 15 thereafter, the qualified independence of the Philippines, 16 under the terms and conditions herein prescribed, and under 17 a government established and maintained in accordance with 18 the provisions of this Act, and on and after the fourth of 19 July, nineteen hundred and twenty-one, the full and com20 plete independence of the said Philippines shall be and is 21 hereby acknowledged. 22 SEC. 3. That the terms and conditions precedent under 23 which this acknowledgment is made, and after' compliance 24 with which on the part of the Government and the people of 3 1 the Philippines the said acknowledgment takes place, are 2 as follows: 3 First. That the United States are to have and retain 4 control, ownership, and complete sovereignty over such lands 5 and harborage waters as are actually necessary for coaling 6 and naval stations, and convenient terminal points for cables, 7 at such places, and within such boundaries as shall be selected 8 and designated by a commission sitting on behalf of the 9 United States of lAmerica, composed of the President of the 10 United States, the Secretary of State thereof, and the Secre11 tary of the Navy thereof: Procided, hocever, That the bay 12 and harbor of Manila shall, in no case, be selected for any 13 of the aforesaid purposes. 14 Second. That the Government of the Philippines, estab15 lished in accordance witll the provisions of this Act, shall 16 assume and carry into effect the treaty obligations of the 17 United States with tlhe lKing'dom of Spain. 18 Third. 'That the Goverlllnellt of the Philippines, estab19 lished in accordance w\it} tlhPc lprovisio{ls of this Act, shall, 20 by legislative act and by treaty, guarantee that no higher 21 tax shall ever be levied upon the property, merchandise, or 22 business of citizens of the lUnited States residing or doing 23 business in the Philippines than shall be at the same time 24 levied upon like goods, rwares, merchandise, or business of 25 the citizens of the Philippines, and that no law shall be 4 1 enacted and no treaty or commercial agreement or convention 2 entered into with any foreign Government by or under which 3 the citizens thereof are given any trade advantage over the 4 citizens of the United States. 5 Fourth. That the Government of the Philippines, estab6 lished in accordance with the provisions of this Act, shall 7 by legislative act and by treaty, guarantee to American 8 citizens for all time freedom of access to and of travel in the 9 Philippines for business or missionary purposes, and shall 10 throw around stek any and all citizens of the United States 11 coming to or traveling or residing in the Philippines the 12 same legal protection and advantages as shall be furnished to 13 the citizens of the Philippines, and shall further guarantee 14 that all property rights by whomsoever legally acquired shall 15 be held inviolate. 16 SEC. 4. That the Government of the Philippines, estab17 lished in accordance with the provisions of this Act, shall be 18 known as the "Republic of the Philippines." 19 SEC. 5. That all inhabitants of the Philippine Is20 lands continuing to reside therein who were Spanish sub21 jects on the eleventh day of April, t'-~ete f. eighteen hundred 22 and ninety-nine, and then resided in said islands, and their 23 children born subsequent thereto, shall be deemed and held 24 to be citizens of the Philippine Islands, except such as shall 25 have elected to preserve their allegiance to the Crown of 1 Spain in accordance with the provisions of the treaty of peace 2 between the United States and Spain, signed at Paris De3 cember tenth, eighteen hundred and ninety-eight, and 4 except such others as have since become citizens of some 5 other country: Provided, That the Philippine Legislature, 6 until superseded by the Congress of the Philippines herein7 after provided for, is hereby authorized to provide by law 8 for the acquisition of Philippine citizenship by those natives 9 of the Philippine Islands who do not come within the fore10 going provisions, the natives of other insular possessions 11 of the United States, and such other persons residing in the 12 Philippine Islands who could become citizens of the United 13 States under the laws of the United States if residing therein. 14 LEGISLATIVE IEPARTMENT. 15 SEC. 6. That the legislative power of the Philippines 16 shall be vested in a Congress of the Philippines, which shall 17 consist of two houses styled resp)ectively the Senate and 18 Iouse of Rlepresentatives, which shall organize and sit 19 separately, except as otherwise herein provided. 20 SEc. 7. That until otherwise provided by the Congress 21 of the Philippines, the Senate shall be composed of 4ihLty-ftie 22 thirty-eight members, elected for terms of four years by the quali23 fied electors of the Philippines. The senatorial districts shall 24 be numbered consecutively, and the senators chosen at the first 25 election had under this Act in odd-numbered districts, shall 6 1 go out of office at the end of the second year, and those elected 2 in even-numbered districts shall go out of office at the end 3 of the fourth year. Each Province as it is now constituted 4 in the Philippines, including the two " special " Provinces of 5 Mindoro, and Palawan, and also the Moro, Mountain, Agusan, 6 and Nueva Viscaya Provinces, shall have the right to elect 7 one senator: Provided, That the city of Manila, for the 8 purpose of electing a senator, shall be regarded as a Province, 9 and by reason thereof be entitled to elect a senator: And 10 provided further, That for the purpose of electing a senator 11 the Province of Batanes shall be considered a part of the 12 Province of Cagayan. 13 The House of Representatives shall be composed of 14 eighty-seven members, elected biennially, by the qualified 15 electors of the Philippines. The apportionment of repre16 sentatives among the Provinces of tle Philippines shall be the 17 same as now in the case of the delegates to the assembly, 18 except that the Mlountain, Agusaln, and NuevaViscaya Prov19 inces shall each elect one and the Moro Province three 20 representatives. 21 SEC. 8. That until otherwise provided by the Philippine 22 Congress, the qualifications of voters for senators and repre23 sentatives in the Philippines and all officers elected by the 24 people shall be as follows: 7 1 Every male citizen of the I'lilippines twenty-one years 2 of age or over, who slhall have been a resident of the Philip3 pines for one year and of the municipality in which he shall 4 offer to vote for six months (except ilsane and feeble-minded 5 persons and those convicted il a court of competent jurisdic6 tion of an infamous offense since the thirteenth day of August, 7 eighlteen hundred and ninety-eight), and wllo is comprised 8 within one of the following classes: 9 (a) Those wlio prior to the thirteenth day of August, 10 eiglteen hundred aJnd ninety-eight, lheld tlhe office of capitan 11 niullicilpal, gobernadoircillo, alcalde, tenientes, cabeza de 12 barangay, or member of any ayuntamielto. 13 (b) Those -who ownl real property to the value of five 14 hundred pesos, or whlo alnnually pay tlhity l1esos or more of 15 the establishled taxes. 16 (c) Those who are able to read and Awrite eitlier Spanish, 17 Eniglisli, or a native language. 1S SEn. 9. That until otherwvise provided by the Philip19 pine Congress, any person may be elected senator or repre20 sentative who, at the time of his election, is actually a 21 resident within the senatorial or representative district and 22 qualified to vote for members of the Philippine Congress, and 23 not less than twenty-five years of age, and who is able to 24 read and write English or Spanish. 8 1 SEC. 10. That the first general election for senators 2 and representatives of the Philippine Congress shall take 3 place on the first Wednesday in May, nineteen hundred and 4 thirteen, and not less than thirty days' notice of the date of 5 such first election of senators and representatives shall be 6 given by publication in at least two newspapers of general 7 circlilation published in the Philippines, by printed notices 8 distributed and posted throughout each senatorial and repre9 sentative district and by such other notice as the Governor 10 General of the Philippines by written order may prescribe. 11 SEC. 11. That the requirements as to ballots, registra12 tion, polling places, time of opening and closing polling places, 13 and voting shall be subject to the laws and regulations now 14 applicable to the election for delegates to the Philippine 15 Assembly, and to this end, and until otherwise provi(led by 16 the Congress of the Philippines, the provisioiis of act num17 bered two thousand and forty-five of the Philippine Legis18 lature, and all amendments thereto, not inconsistent with the 19 provisions of this Act, shall remain in full force and effect. 20 SEC. 12. That the Philippine Congress shall hold 21 annuai sessions until otherwise provided by said Congress, 22 and its first session shall begin on the fourth day of July, 23 nineteen hundred and thirteen, and shall not continue longer 24 than one hundred and twenty days, holidays excepted. 9 1 SEC. 13. That the enacting clause of the laws shall be: 2 "Be it enacted by the Senate and House of Representatives 3 of the Republic of the Philippines in Congress assembled"; 4 that all officers authorized by this Act shall, before entering 5 upon the duties of their respective offices, take an oath or 6 affirmation to support the constitution and the laws of the 7 Philippines and faithfully to perform the duties of their 8 respective offices. 9 SEC. 14. That each house shall be the judge of the elec10 tions, returns, and qualifications of its own members, and a 11 majority of each shall constitute a quorum to do business, 12 but a smaller number may adjourn from day to day and may be 13 authorized to compel the attendance of absent members in 14 such manner and under such penalties as each house may 15 prescribe. When a vacancy occurs in the Senate or in the 16 House of Representatives the President of the Philippines 17 shall issue writs of election to the senatorial or representative 18 district to fill such vacancy. The House of Representatives 19 shall choose their speaker and other officers, and shall have 20 the sole power of impeachment. 21 SEC. 15. That the secretary of state for foreign affairs, 22 hereinafter provided for, on and after the fourth day of July, 23 nineteen hundred and thirteen, and for the period of eight 24 years thereafter, and the Vice President of the Philippines 25 on and after the fourth day of July, nineteen hundred and H. R. 22143 -2 io 1 twenty-one, shall be the President of the Senate of the 2 Philippines, but the said President of the Senate shall have 3 no vote unless the Senators be equally divided. The Senate 4 shall choose its own officers, and also a President pro tern5 pore to act in the absence or inability of the secretary of 6 state for foreign affairs or of the Vice President, as the case 7 may be. The Senate shall have the sole power to try all 8 impeachments, and when sitting for that purpose its members 9 shall be under oath or affirmation. 10 When the President or Vice President of the Philippines 11 hereinafter provided for is tried, the chief justice of the 12 supreme court of the Philippines shall preside, and no person 13 shall be convicted without the concurrence of two-thirds of 14 the members thereof; but from and after the fourth day of 15 July, nineteen hundred and thirteen, for a period of eight 16 years, neither the President of the Philippines nor the secre17 tary of state for foreign affairs shall be subject to impeach18 ment by the Philippine Congress. Judgment in case of 19 impeachment shall not extend further than the removal from 20 office and disqualification to hold any office of honor, trust, 21 or profit. But the party convicted shall, nevertheless, be 22 liable and subject to indictment, trial, judgment, and punish23 ment according to law. 24 SEC. 16. That each house shall determine the rules of its 25 proceedings, punish its members for disorderly behavior, and 11 - 1 with the concurrence of two-thirds expel a member. Each 2 house shall keep a journal of its proceedings and from time to 3 time publish the same, and the yeas and nays of the members 4 of either house on any question shall, at the desire of one5 fifth of those present, be entered upon the journal. Neither 6 house during t' e session of Congress shall, without the con7 sent of tie other, adjourn for more than three days, nor to any 8 place other than that in which the two houses shall be sitting. 9 SEC. 17. That members of either house shall in all cases, 10 except treason, felony, and breach of the peace, be privileged 11 from arrest during their attendance at the sessions of their 12 respective houses and in going to and returning from the 13 same, and for any speech or debate in either house shall not 14 be questioned in any other place. 15 SEC. 18. That all bills may originate in either house, 16 but no bill shall become a law unless it be passed in each 17 house by a majority of all the members belonging to such 18 house and be approved by the President of the Philippines 19 within ten days thereafter. If he approves it, he shall sign 20 it, and it shall become a law. If the President does not 21 approve such bill, he shall return it, with his objections, 22 within ten days thereafter to the house in which it originated. 23 He may veto any specific item or items in any bill which 24 appropriates money for specific purposes, but he shall veto 25 any other bill, if at all, only as a whole. 12 1 Upon the receipt of a veto message from the President 2 by either House of Congress, it shall enter the same at large 3 upon its journal and proceed to reconsider such bill or parts 4 of a bill, and again to vote upon it by ayes and noes, which 5 shall be entered upon the journal. If after such reconsid6 eration such bill or parts of a bill shall be approved by a two7 thirds vote of all the members to which the house is entitled 8 it shall be sent, together with the objections, to the other 9 house, by which it shall likewise be reconsidered, and if 10 approved by two-thirds of the members to which that house 11is entitled, it shall become a law: TPro, 12 from and after the1 fQourth drsay of JuieL: te A hudredw a.d 13thirteen, for a.J.period.,tof e the L 14 Fnited States st hall hav e -kc ewef oe ny 15 bi-ped-by the C.ogres of thLe Philipipme -f+ d the Co17m tannl a l paed b the Cngress of theI Philippines A1 +1-o /.........-e +'Dti a L,;I:,,-...; 17 LXXCIUJ -' 1111W1 FLUO I111 %akninto H: U1 % X I 100n WX U1% -1.1 1TX*L_ 18 a —fter I it* m. ha.e.. gn ito:eIect Provided, 19 however, That from and after the fourth day of July, nine20 teen hundred and thirteen, for a period of eight years, all 21 public acts of the Government of the Philippines shall be 22 transmitted, as soon as practicable after their enactment, to 23 the President of the United States, who shall have the abso24 lute veto power over the same, such veto power to be exercised, 25 if at all, within thirty days after the reception by him of 13 1 such act. If he approve or fail to veto such act, the same 2 shall be transmitted to the Congress of the United States. 3 The Congress of the United States during said eight years' 4 period may annul any bill passed by the Congress of the 5 Philippines at any time after it may have gone into effect. 6 If the President of the Philippines neither signs nor 7 vetoes the bill within ten days after it is delivered to him, 8 it shall become a law without his signature unless the Con9 gress adjourn sine die prior to the expiration of such ten days. 10 If any bill shall not be returned by the President of the 11 Philippines within ten days (Sundays excepted) after it shall 12 have been presented to him, the same shall become a law in 13 like manner as if he had signed it, unless the Congress by 14 their adjournment prevents its return, in which case it shall 15 not become a law. 16 Every order, resolution, or vote to which the concurrence 17 of both houses may be necessary (except on questions of ad18 journment) shall be sent to the President of the Philippines, 19 and before the same shall take effect shall be approved by 20 him, or, being disapproved by him, shall be repassed by two21 thirds of the Senate and House of Representatives, accord22 ing to the rules and limitations prescribed in this Act in the 23 case of a bill: Provided, however, That during the period of 24 eight years from and after the fourth day of July, nineteen 25 hundred and thirteen, no order, resolution, or vote which 14 1has been vetoed by the President of the Philippines shall be 2 reconsidered during the life of the Congress to which the veto 3 was paed- y theo-ogrcss-Ohe-jPh pj-es sent. 4 SEC. 19. That the Congress of the Philippines shall have 5all theleg'islative powers usuallypossessed by legislative bodies, 6 except in so far as the same may be abridged, limited, pro7 hibited, or inhibited, hereinbefore or hereinafter, by this Act, 8 nor shall the special mention of any legislative power herein 9 operate to prevent the exercise of any other natural and neces10 sary legislative power which does not conflict with the pro11 Visions of this Act. 12 The Congress of the Philippines shall have power to 13 establish a mint, andl to coin money, and to regulate the coin14 parative value of domestic and of foreign coins, and to ascertain 15 and to fix the standard of weights and measures; to lay and 16 collect direct and indirect taxes, duties, imposts, and excises; 17 but all the duties, imposts, and excises laid and collected by 18 the Philippine Congress shall be uniform throughout the 19 Philippine Islands. 20 The Congress of the Philippines shall have power to 21 borrow money on the credit of the Philippines; to regulate 22 commerce with foreign nations and among the several Prov23 inces and islands of the Philippines; to constitute judicial 24 tribunals, and to exercise all other rights of sovereignty: 25 ^Provided, however, That from and after the fourth -day of 15 1 July, nineteen hundred and thirteen, for a period of eight 2 years, the Congress of the Philippincs shall not have power, 3 without the concurrence and consent of the Government of 4 the United States, to declare war, or to grant letters of marque 5 or reprisal, or to make treaties with foreign powers. 6 All treaties and commercial conventions sought to be 7 entered into by the Philippine Government with foreign 8 powers from and after the fourth day of July, nineteen hundred 9 and thirteen, for a period of eight years, shall be submitted to 10 the President of the United States, and by him to the Senate 11 of the United States, for its action. 12 SiEC. 20. That it beilng the desire of the people of the 13 UJnited States not olly to guarantee the indelendence but to 14 safeguard the lilerties of tlhe peoplle of tle Philippilnes, it is 15 furthermore provilde(l that tlhis Act, constituting thle organic 16 laws of thle I'lPlippines, shall be amende(l, altered, or changed 17 only in tlhe manner lhereinafter indicated; and in order 18 further to safeguard thle liberties of the I)eople of tlie Philip19 pinles, the followxing( limitations of, and prohibitions and 20 ilnhibitions on, the powers of thle Congress of the Philippines 21 are hereby enacted. 22 First. TIle privilege of labeas corpus is hereby estab23 lished aln shall not be suspended, unless when in cases of 24 rebellion, public insurrection, or invasion, tlhe public safety 25 requires it. 16 1 Second. No bill of attainder or ex post facto law shall be 2 passed. 3 Third. No preference shall be given by any regulation 4 of commerce to the ports of one part of the Philippines over 5 those of another part, nor shall vessels bound to or from one 6 port of the Philippines be obliged to enter, clear, or pay 7 duties in another. 8 Fourth. No money shall be drawn out of the public 9 treasury except in consequence of an appropriation made by 10 law; and regular statements and accounts of the receipts and 11 expenditures of all executive and judicial departments shall 12 be published from time to time. 13 Fifth. No title of nobility shall be granted by the 14 Philippine Government, and no person holding any office of 15 profit or trust under the Philippine Government shall accept 16 any present, emolument, office, or title of any kind from 17 any king, ptrince, or foreign state. 18 Sixth. No law respecting an establishment of religion 19 or prohibiting the free exercise thereof, or abridging the 20 freedom of speech or the press or the right of the people 21 peaceably to assemble and petition the Government for a 22 redress of grievances, shall be enacted. 23 Seventh. Polygamy is hereby prohibited in the Phil24 ippines, nor shall any pretense that it is a part of the creed of 25 any religion maintain it there. 17 1 Eighth. No soldier shall, in time of peace, be quartered 2 in any house without the consent of the owner, nor in time 3 of war save in a manner prescribed by law. 4 Ninth. No person shall be imprisoned for debt arising 5 out of or founded on contract, express or implied. 6 Tenth. All persons before conviction shall be bailable by 7 sufficient sureties, except for capital offenses when proof is 8 evident or the presumption is great. 9 Eleventh. All money collected on any taxes levied or 10 assessed for a special purpose shall be treated as a special fund 11 in the Treasury and paid out for such purpose only. 12 Twelfth. All the judicial processes shall run in the 13 name of the " Republic of the Philippines, " and all criminal 14 or penal prosecutions in the local courts shall be conducted 15 "in the namne and by the authority of the people of the 16 Republic of the Philippines." 17 Thirteenth. The rigrht of the people to be secure in 18 their persons, houses, papers, and effects against unreasonable 19 searches and seizures shall not be violated, and no warrant 20 shall issue except upon proper cause, supported by oath or 21 affirmation. 22 Fourteenth. No person shall be held to answer to a 23 capital or otherwise infamous crime except on due process of 24 law, except in c(ases existing in the land or naval forces or the H. R. 22143 —3 18 1 militia; nor shall any person be subject for the same offense 2 to be twice put in jeopardy of life, liberty, or limb; nor shall 3 private property be taken for public use from its real and just 4 owners without just compensation. 5 Fifteenth. In all criminal cases, except in cases of 6 impeachment, the accused shall enjoy the right of a speedy 7 and public trial, by an impartial jury composed of twelve 8 citizens who shall be freeholders, in the district where the 9 crime shall have been committed, which district shall have 10 been previously ascertained by law; and he shall be entitled 11 to be informed of the nature and cause of the accusation: to 12 be confronted with the witnesses against him; and to have 13 compulsory process for obtaining witnesses in his favor and to 14 have the assistance of counsel in his defense. 15 Sixteenth. In suits of common law, where the value in 16 controversy shall exceed forty pesos, the right of trial by 17 jury shall be preserved; but in such cases the agreement of 18 nine jurors shall constitute a verdict. 19 Seventeenth. Excessive bail shall not be required, nor 20 excessive fines imposed, nor cruel and unusual punishment 21 inflicted. 22 Eighteenth. Treason against the Philippines shall con23 sist only in levying war against them, or in adhering to their 24 enemies, giving them aid and comfort, and in attempting to 25 take, without legal justification, the life of the chief execu 19 1 tive; and no person shall be convicted unless on the testimony 2 of two or more credible witnesses to the same overt act, or on 3 confession in open court. The Congress of the Philippines 4 shall have the power to declare the punishment of treason, 5 but no attainder of treason shall work corruption of blood or 6 forfeiture except during the life of the person attainted. 7 Nineteenth. No person shall be held to involuntary 8 servitude, save for crime, in the Philippines. 9 Twentieth. Corporations may be formed under general 10 laws, but shall not be created by special acts. 11 Twenty-first. The United States guarantee to the Philip12 pines their independence, and shall protect them against 13 invasion, and, on application of the Congress thereof, against 14 domestic violence for the period of eight years from and after 15 the fourth day of July, nineteen hundred and thirteen. 16 EXECUTIVE DEPARTMENT. 17 SEC. 21. That the executive power of the Republic of the 18 Philippines shall be vested in a President. The President of 19 the Republic of the Philippines, together with a Vice Presi20 dent, shall be elected by the qualified electors of the Philippine 21 Islands; their qualifications, terms of office, and the time, place, 22 and manner of their election shall be provided for by the 23 Congress of the Philippines created by this Act: Provided, 24 however, That the first election for the President and Viee 25 President of the Philippines shall take place at least sixty 20 1 days prior to the fourth day of July, nineteen hundred and 2twenty-one, and that the first elected President and Vice 3 President of the Philippines shall assume the duties of their 4 respective offices on the fourth day of July, nineteen hundred 5 and twenty-one: And provided further, That the President 6 of the Republic of the Philippines on and after the fourth day 7 of July, nineteen hundred and thirteen, and for the period of 8 eight years thereafter, shall be appointed by the President of '9 the United States, by and with the advice and consent of the 10 Senate of the United States, and shall hold his office for a term 11 of four years and until his successor is appointed or elected, as 12 the case may be, and qualified, unless sooner removed by the 13 President of the United States. He shall reside in the 14 Philippines during his official incumbency and shall main15 tain his office at the seat of government, which shall be at 16 Manila. 17 The President of the Republic of the Philippines shall 18 have and exercise such powers and perform such duties in the 19 Philippines as are granted to the President of the United States, 20 within the United States, by the Constitution of the United 21 'States, except such powers and duties as shall be inconsistent 22 with the provisions of this Act: Provided, however, That the 23 power of the President of the Republic of the Philippines to 24 make treaties, two-thirds of the Senate of the Philippines con25 curring, shall be subject to the advice and consent of the 21 1 President and two-thirds of the Members of the Senate of the 2 United States, for the period of eight years from and after 3 the fourth day of July, nineteen hundred and thirteen. 4 In case of the removal of the President from office, or 5 of his death, resignation, or inability to discharge the powers 6 and duties of the said office, the same shall devolve on the 7 Vice President, and the Congress of the Philippines may, 8 by law, provide for the case of removal, death, resignation, 9 or inability both of the President and Vice President, declar10 ing what officer shall then act as President, and such officer 11 shall act accordingly until the disability be removed or a 12 President shall be elected: Provided, however, That from 13 and after the fourth day of July, nineteen hundred and thir14 teen, and for the period of eight years thereafter, in case of 15 death, removal, resignation, or disability of the President of 16 the Philippines, or his temporary absence from the Philip17 pines, the secretary of state for foreign affairs hereinafter 18 provided for shall exercise all the powers and perform all the 19 duties of the President during such vacancy, disability, or 20 absence. 21 The President of the Philippines shall, at stated times, 22 receive for his services a compensation such as the Congress 23 of the Philippines shall, by law, provide for, which compensa24 tion shall neither be increased nor diminished during the 25 period for which he shall have been elected: Provided, 22 1 however, That from and after the fourth day of July, nineteen 2 hundred and thirteen, and for eight years thereafter, the 3 salary of the President of the Philippines shall be as it is 4 fixed hereinafter in this Act. 5 The President of the Philippines shall appoint ambas6 sadors and other public ministers and consuls, and all other 7 executive officers of the Philippines whose appointments are 8 not herein otherwise provided for, and which are or shall be 9 established by law. 10 On the assumption of his office, he shall take the follow11 ing oath or affirmation: "I do solemnly swear (or affirm) 12 that I will faithfully execute the office of President of the 13 Philippines, and will, to the best of my ability, preserve, 14 protect, and defend the constitution of the Philippines." 15 SEC. 22. That the President of the Philippines may 16 grant pardons and reprieves, and remit fines and forfeitures 17 for offenses against the laws of the Philippines. He shall 18 commission officers that he may be authorized to appoint; he 19 shall have power to approve or veto any legislation enacted 20 as hereinbefore provided, and he shall at all times faithfully 21 execute the laws. 22 EXECUTIVE OFFICERS. 23 SEC. 23. That the following executive officers shall 24 constitute the cabinet or advisory council of the President of 25 the Philippines: 23 1 First. A secretary of state for foreign affairs, who 2 shall hold his office for four years from and after his appoint3 ment, and until his successor is appointed and qualified, and 4 who and whose successor shall during the period of eight 5 years from and after the fourth day of July, nineteen hundred 6 and thirteen, be appointed by the President of the United 7 States, by and with the advice and consent of the Senate 8 thereof. In case of the death, removal, resignation, or 9 disability of the President of the Philippines, or his temporary 10 absence from the Philippines, the secretary of state for 11 foreign affairs shall exercise all the powers and perform all 12 the duties of the President during such vacancy, disability, 13 or absence. From and after the fourth day of July, nineteen 14 hundred and twenty-one, the secretary of state for foreign 15 affairs shall be appointed by the President of the Philippines 16 by and with the advice and consent of the Senate of the 1 7 Philippines. 18 Second. A secretary of the interior, who shall be 19 appointed by the President of the Philippines by and with 20 the advice and consent of the Senate of the Philippines. 21 Third. A secretary of commerce and police, who shall 22 be appointed by the President of the Philippines by and with 23 the advice alnd consent of the Senate of the Philippines. 24 Fourth. A secretary of finance and justice, who shall 25 be appointed by the President of the Philippines by and 26 with the advice and consent of the Senate of the Philippines. 24 1 Fifth. A secretary of public instruction, who shall be 2 appointed by the President of the Philippines by and with 3 the advice and consent of the Senate of the Philippines. 4 Sixth. A secretary of war and navy, who shall be 5 appointed by the President of the Philippines by and with 6 the advice and consent of the Senate of the Philippines. 7 The secretary of the interior, the secretary of cotn8 merce and police, the secretary of finance and justice, and 9 the secretary of public instruction shall have the duties and 10 powers in the Philippines now vested in and incumbent by 11 law upon the present secretary of the interior, the secretary of 12 commerce and police, the secretary of finance and justice, 13 and the secretary of public instruction, respectively, of the 14 Philippine Government. The secretary of war and navy 15 in the Philippines shall have, in so far as they are applicable I16 to the Philippine.situation and population, the same powers 17 and duties as are exercised by the Secretaries of War and Navy 18 in the United States. 19 JUDICIAL DEPARTMENT. 20 SEC. 24. That the judicial power of the Philippines shall 21 be vested in the Supreme Court of the Philippines and in such 22 inferior courts as are now in the Philippines or may be 23 constituted from time to time by the Congress of the Philip24 pines. The judges, both of the supreme and inferior courts, 25 shall be appointed by the President of the Philippines, by 25 1 and with the advice and consent of the Senate of the Philip2 pines, and shall hold their office for a term of eight years 3 and until their successors are appointed and qualified: Pro4 vided, however, That from and after the fourth day of July, 5 nineteen hundred and thirteen, and for eight years there6 after, all the members of the supreme court shall be ap7 pointed by the President of the United States, by and with 8 the advice and consent of the Senate of the United States. 9 SEC. 25. That the supreme court, as well as the inferior 10 courts, of the Philippines shall have and exercise the original 11 and appellate jurisdiction they now have, until otherwise 12 provided by the Congress of the Philippines: Provided, 13 however, That in all cases affecting ambassadors, other public 14 ministers, and consuls, the supreme court shall have original 15 jurisdiction: ALd pr)ovided further, That in every case the 16 decision of the supreme court, whether in the exercise of its 17 original or appellate jurisdiction, shall be final, except that 1(S from alid after the fourth day of July, nineteen hundred and( 19 thirteen, and for eight years thereafter, the Supreme Court 20 of the United States shall have an appellate jurisdiction over 21 all cases affecting ambassadors, other public ministers, and 22 consuls, as well as over any case in which the constitution23 ality of a statute is involved. 24 SEC. 26. That the following salaries are hereby fixed for 25 the President, secretary of state for foreign affairs, secretary H. R. 221~43 ----4 26 1 of the interior, secretary of commerce and police, secretary 2 of finance and justice, secretary of public ilstruction, 3 secretary of war and navy, and the members of the supreme 4 court of the Philippines, atld shall not be increased or 5 decreased by act of the Philippine Congress prior to the 6 fourth day of July, nineteen hundred and twenty-one: For 7 the President, fifteen thousalnd dollars per annum and quar8 ters; for the secretary of state for foreign affairs, ten 9 thousand dollars per annum; for the secretary of the 10 interior, ten thousand dollars per annum; for the secretary 11 of commerce and police, ten thousand dollars per annum; 12 for the secretary of finance and justice, tell thousand dollars 13 per annum; for the secretary of public instruction, ten thou14 sand dollars per annum; for the secretary of war and navy, 15 ten thousand dollars per aillnum; for each member of the 16 supreme court, including the chief justice, ten thousand 17 dollars per annum. 18 Slic. 27. That in or( ler that io ilncon-vc(ieiince mayarise by 19 reason of a change from the government which shall exist in 20 the Philippines on the fourth day of July, nineteen hundred 21 and thirteen, to the tIeprr.or J -.. I - btioary government 22 herein established-4flor th.e. "l;eig y, ftr, it is hereby 23 declared and ordained as follows: 24 First. No existing rights, actions, suits, proceedings, 25 contracts, or claims shall be affected by a change in the form 27 1 of government, blt all shall continue as if no change had 2 taken place. 3 Second. All laws now in force in the Philippines which 4 are not repugnant to this Act slhall remain in force until they 5 expire by their own limitation, or are altered or repealed by 6 the Philippilne Coiigress hereinl provided for, excel)t the 7 amendment provided by Phiflippine Act Numbered. Nineteen S hundred an(l tlirty-thlree to section nine of Philippine Act 9) Numbered Eighteen ll lun(lre(l a1(1 forty-sevetn, which amend10 ment is llerel)y anlnulled. 11 Third. All officers niow holding their office tiunder the 12 authority of the Unlite(l States or of the Plhilippitne Govern13 ment slhall continue to hold and exercise their respective 14 offices until they shall 1)e sulllerse(le(l by tle aulthority of tlhe 15 Governmenet of the Republic of the Ph'llippines liereiii pro1G vi(led for. 17 Fourthl. The Cong'ress of the Philippines shall, at its 18 first session), provile for the appointment or election of all 19 officers wlhose appointment or election is not provided for 20 elsewhere in tllis Act, aid fix tlie time for commencement 21 61nd (Itration of their terms. 22 SEC. 28. rT'hat tlis Act is hereby declared to be tlhe con23 stitution of the Republic of the Philippines, and shall not be 24 superseded or amlen(led except as follows: 25 (a) The Congress of the Republic of the Philippines 26 shall have the right at any time by law to call a delegate 28 1 convention to alter, reform, or abolish this constitution; and 2 when such convention is called the delegates thereto shall 3 be chosen at an election held for that purpose by the qualified 4 electors, and the convention shall assemble in such mode and 5 manner and at such time and place as shall be prescribed in 6 the Act providing for such convention, and any change or 7 alteration in this constitution formulated and proposed by 8 such convention shall be submitted to a vote of the qualified 9 electors of the Republic of the Philippines; and if a majority 10 of those voting shall vote therefor the same shall become and 11 be the constitution of the Republic of the Philippines. 12 (b) The Congress of the Republic of the Philippines 13 shall have the right at any time to submit by law to the 14 people of the Philippines any amendment or amendnents to 15 this constitution, and if such amendment or amendments 16 shall be ratified by a majority of the qualified electors voting 17 in an election held for that purpose, then the same shall 18 become and be a part of the constitution of the Republic of 19 the Philippines: Provided, however, That during the period 20 of eight years from and after the fourth day of July, nineteen 21 hundred and thirteen, no constitution shall supersede this 22 Act, and no amendment to this Act shall have force or valid23 ityunless, after being adopted and ratified as hereinbefore 24 provided, the same shall be communicated through the Presi25 dent of the Republic of the Philippines to the President of 29 1 the United States, who shall submit it to the Congress of the 2 United States for its consideration; and if the same shall re3 ceive the approval of the Congress of the United States by 4 an affirmative vote of each House, it shall be sent to the Presi5 denlt of the United States for his action, and, if approved by 6 hil, salie shall thereafter become and be a part of the 7 constitution of the Republic of the Philippines. 8 SEc. 29. That on the fourth day of July, nineteen hun9 dred and thirteen, at twelve o'clock noon, the President, 10 his executive officers, and the Congress of the Philippines, 11 herein provided for, shall enter upon and assume the duties 12 of their respective offices, and on and from that day and hour 13 and forever tllereafter the present Government, consisting of 14 the Governor Genleral, the secretaries of departments, the 15 Phlilippine C!onmission, and thle Pllilippine Legislature, sliall 16 cease to exist. 17 SIC. 30. That on the fourth day of July, nineteen 18 hundred and twenty-one, or at the earliest practicable moment 19 thereafter, the United States, having in view their own 20 welfare and the good of the people of the Philippines, will, 21 in pursuance of amicable convention or agreement with the 22 Governmlent of the Republic of the Philippines, established 23 in accordance with this Act, begin to withdraw its troops 24 from the islands, continuing the process of withdrawal as 25 rapidly as the Philippine Government can, by organizing.1 — f.. -.:~ i ' 0. 30 1 an efficient army or police force, supply the place of the 2 United States Army as a conservator of the public peace, 3 leaving no troops at all in the islands, or, if any, only such as 4 shall be left by the request of the Government of the Republic 5 of the Philippines. and by the consent of the Congress of the 6 United States, the expense of whose maintenance shall be 7 borne by the Republic of the Philippines. 8 SEC. 31. That on the fourth day of July, at twelve 9 o'clock noon, nineteen hundred and twenty-one, the Presi10 dent of the Republic of the Philippines, elected by the quali11 fied electors of the Philippines, shall take possession of his 12 office, and on and from that time and date and forever there13 after the qualified sovereignty of the Republic of the Phil14 ippines shall become an absolute sovereignty in foreign as 15 well as in domestic affairs. I-, EX.fj UNION CALENDAR NO. 206. 62D CONGRESS, l1T f l 0 1 2143 2D SEoSIN. R 22r143i. o [Report No. 606.] A BILL To establish a qualified independent government for the Philippines and to fix the date when such qualified independence shall become absolute and complete, and for other purposes. x By Mr. JONES. MARCH 20, 1912.-Referred to the Committee on Insular Affairs and ordered to be printed. APRIL 26, 1912.-Reported with amendments, committed to the Committee of the Whole House on the state of the Union, and ordered to be printed. ar:;;- ~-~ ~~ ~(. I:a':~:s::.7' -' ~;~,?;?: ss F a ~~~, I1,ii.,t3:s12 i