Page:The Green Bag (1889–1914), Volume 20.pdf/121

 THE GREEN BAG

THE MARRIAGE OF THE GOVERNOR OF ILOCOS NORTE BY JAMES H. BLOUNT. OF all the legal questions which have out the world than any other of the numer confronted American authorities as ous novel legal situations created by the a result of the Spanish War, those growing transition from Spanish to American Sover out of the circumstance that with us Church eignty, but the general subject has no and State are separate, while under Spain more interesting subdivision than the there was a union of Church and State, are changes in the laws concerning marriage the most profoundly interesting to lawyers which became necessary in order to render and publicists. For instance, perhaps no them compatible with the new order of statesman ever had a more delicate and things. difficult task than that which confronted Under the instructions of the President Secretary Taft in the matter of the Friars' to Major General Wesley Merritt, com lands in the Philippines, where vast tracts manding the army of occupation in the Phil were occupied and cultivated by natives ippines, the municipal laws of the conquered claiming prescriptive title, as against reli territory affecting private rights were to gious corporations claiming under written be considered as continuing in force "so grant from the Spanish Crown. The squat far as they are compatible with the new ters, or claimants by prescription, had in order of things." Civil marriages were most cases attorned to the agent of the never recognized in the Philippine Islands religious corporation by paying rent, which until some time after our arrival. This was not demanded until the squatter had was done by the promulgation by the cleared away the Virgin Forest and made military government, of what is known as the land an income-producing property, General Order 68, which did not occur until when the Friars would discover that such shortly before Christmas of 1899, after we property lay within the bounds set forth had been in the Islands more than sixteen in their grant from the Crown. Here was months. This order provided that marriage the germ of an agrarian revolution if the might be solemnized by any judge, Justice tenants were evicted by wholesale. Here of the Peace, or Minister of the Gospel, also was the germ of a political revolution and further that no particular form for the at home against the party in power if the ceremony of marriage should be required, vested rights of the Roman Catholic Church the essential requisite being prescribed to in the Philippines should be ruthlessly be that the parties must declare in the disregarded in obedience to native clamor. presence of the person solemnizing the Secretary Taft settled the matter by going marriage that they do take each other as to Rome himself and making an arrange husband and wife. The Philippine Islands had been for so ment with the Pope whereby the Friars sold their lands to the Philippine govern many generations a priest-ridden country ment, which paid for them by a bond that it was difficult to secure any 'general issue and then resold them to the squatters recognition of the validity of the new on an installment plan as easy as the marriage law. The permission of the State previous rent. This particular matter is to the citizen to marry without paying here referred to only incidentally, because tribute to the Church was only a permission, it is more familiar to our profession through- and not a command. On the other hand