Lineage, Life and Labors of Jos Rizal, Philippine Patriot | Page 5

fever, he was shipped and sent back to a prejudged trial and an unjust execution. Fifteen years later the Catalan city authorities commemorated the semi-centennial of this prisoner's birth by changing, in his honor, the name of a street in the shadow of the infamous prison of Montjuich Castle to "Calle del Doctor Rizal."
More instances of this nature are not cited since they are not essential to the proper understanding of Rizal's story, but let it be made clear once for all that whatever harshness may be found in the following pages is directed solely to those who betrayed the trust of the mother country and selfishly abused the ample and unrestrained powers with which Spain invested them.
And what may seem the exaltation of the Anglo-Saxons at the expense of the Latins in these pages is intended only to point out the superiority of their ordered system of government, with its checks and balances, its individual rights and individual duties, under which men are "free to live by no man's leave, underneath the Law." No human being can be safely trusted with unlimited power, and no man, no matter what his nationality, could have withstood the temptations offered by the chaotic conditions in the Philippines in past times any better than did the Spaniards. There is nothing written in this book that should convey the opinion that in similar circumstances men of any nationality would not have acted as the Spaniards did. The easiest recognized characteristic of absolutism, and all the abuses and corruption it brings in its train, is fear of criticism, and Spain drew her own indictment in the Philippines when she executed Rizal.
When any nation sets out to enroll all its scholarly critics among the martyrs in the cause of Liberty, it makes an open confession of guilt to all the world. For a quarter of a century Spain had been ruling in the Philippines by terrorizing its subjects there, and Rizal's execution, with utter disregard of the most elementary rules of judicial procedure, was the culmination that drove the Filipinos to desperation and arrested the attention of the whole civilized world. It was evident that Rizal's fate might have been that of any of his countrymen, and the thinking world saw that events had taken such a course in the Philippines that it had become justifiable for the Filipinos to attempt to dissolve the political bands which had connected them with Spain for over three centuries.
Such action by the Filipinos would not have been warranted by a solitary instance of unjust execution under stress of political excitement that did not indicate the existence of a settled policy. Such instances are rather to be classed among the mistakes to which governments as well as individuals are liable. Yet even such a mistake may be avoided by certain precautions which experience has suggested, and the nation that disregards these precautions is justly open to criticism.
Our present Philippine government guarantees to its citizens as fundamental rights, that no person shall be held to answer for a capital crime unless on an indictment, nor may he be compelled in any criminal case to be a witness gainst himself, nor be deprived of life, liberty or property without due process of law. The accused must have a speedy, public and impartial trial, be informed of the nature and cause of the accusation, be confronted with the witnesses against him, have compulsory process for obtaining witnesses in his favor, and have the assistance of counsel for his defense. Not one of these safeguards protected Doctor Rizal except that he had an "open trial," if that name may be given to a courtroom filled with his enemies openly clamoring for his death without rebuke from the court. Even the presumption of innocence till guilt was established was denied him. These precautions have been considered necessary for every criminal trial, but the framers of the American Constitution, fearful lest popular prejudice some day might cause injustice to those advocating unpopular ideals, prohibited the irremediable penalty of death upon a charge of treason except where the testimony of two reliable witnesses established some overt act, inference not being admissible as evidence.
Such protection was not given the subjects of Spain, but still, with all the laxity of the Spanish law, and even if all the charges had been true, which they were far from being, no case was made out against Doctor Rizal at his trial. According to the laws then in effect, he was unfairly convicted and he should be considered innocent; for this reason his life will be studied to see what kind of hero he was, and no attempt need be made to plead good character and honest intentions in extenuation of illegal acts. Rizal was ever the advocate of law, and it