[No legal obstacle to forced labor.] If, after what has been above stated, the apparent opposition obstacle to which at first sight strikes the eye, in Law 40, Title 12, Book 6, speaking on this subject, and expressly referring to the Philippine Islands, should be alleged, no more will be necessary than to study its genuine sense, or read it with attention, in order to be convinced of its perfect concordance with the essential parts of the other laws of the Indies, already quoted in explanation and support of the system of distributing the laborers. The above-mentioned law does indeed contain a strict recommendation to employ the Chinese and Japanese, not domiciliated, in preference to the natives, in the establishments for cutting timber and other royal works, and further enjoins that use is only to be made in emergencies, and when the preservation of the state should require it. It has, however, happened that, since the remote period at which the above was promulgated, not only all contracts and commerce have ceased, but also every communication with Japan has been interrupted, and for a number of years not a single individual of that ferocious race has existed in the Philippine Islands. With regard to the Chinese, who are supposed to be numerous in the capital, of late years they have diminished so much, that according to a census made by orders of the government in the year 1807, no more than four thousand seven hundred are found on the registers; and, if in consequence of their secreting themselves, or withdrawing into the interior, a third more might be added to the above amount, their total numbers would still remain very inconsiderable, and infinitely inferior to what is required, not only for the tillage of the estates, but even for the royal works.
[Substitute laborers wanting.] As, therefore, the Japanese have totally disappeared, and the number of Chinese is evidently inadequate to the wants of agriculture, it almost necessarily follows that the practice of distributing the Filipino laborers, as allowed by the aforesaid laws of the Indies, under all circumstances, is the only alternate left. Even if, against the adoption of this measure, it should be attempted to urge the ambiguous sense of the concluding part of the second clause, it would be easy to comprehend its true intent and meaning, by referring to Law 1, Title 13, Book 5, which says:
“That, considering the inconveniences which would arise from doing away with certain distributions of grounds, gardens, estates, and other plantations, in which the Indians are interested, as a matter on which the preservation of those distant dominions and provinces depends, it is ordained that compulsory labor, and such distributions as are advantageous to the public good, shall continue.”
After so pointed an explanation, and a manifestation so clear of the spirit of our legislation in this respect, all further comments would be useless, and no doubt whatever can be any longer entertained of the expediency, and even of the justice of putting the plan of well-regulated distributions in practice, as a powerful means to promote the agriculture, and secure to Spain the possession of these valuable dominions of the Indian Seas. ....