becomes calm, and he is converted into an
unfortunate fellow and an object of compassion. This impression does
not seem proper to me. Further, restricting myself to Filipinas I
shall say that since the penalties are imposed so that fear of them
may keep others from committing the crimes, the death penalty does not
cause in that country the same effect as in others, for its natives
have a distinct physical organization from us, and their instinct of
life is much less strong than that of the Europeans. Consequently,
outside of cases in which one treats of questions vital for the colony,
I believe that the death penalty is a useless cruelty. To mark those
criminals well, and to use them in public works, or in agriculture,
would be much more advantageous, and would better conserve the real
object to which laws should tend, namely, the common good.

One of the things which contributes to the increase of crime is the
prohibition in which the chiefs of the provinces find themselves
from applying corporal punishment, without the approval of the
Audiencia. For if a cause were to be made for the theft of buffaloes,
horses, etc., it would be an interminable matter. To put the Filipino
in jail is to move him to a better dwelling than his own. Then
he is given his food there, which, however little and poor it be,
will never be less than that to which he is accustomed daily. He
does not work; on the contrary he lies stretched out all day, and
that is his happiness. Besides, he finds in the same dwelling other
fellow-countrymen with whom to converse and to chew buyo. Consequently,
in the country, the idea of going to prison is very far from the
impression that it gives in Espana where men are always animated by
the spirit of activity and love to society. It has happened many
times and I have seen it, that prisoners escape to attend a feast
or go on a pilgrimage, and as soon as that is over they return to
present themselves. I am of the opinion that the prison ought alone
to be used as a means of detention, and that for light punishments,
the lash should be applied. The idea of beating a man is repugnant to
many philanthropic persons, for they say that such punishment is for
beasts. However, for certain people who do not know what self esteem
and honor mean, material punishments are necessary. How can one infuse
fear and aversion to crime in one who despises that powerful stimulus
for well doing? Who will tell us? This question is stil