CIVILIZING COLONIALISMAND TAMING THE CRIMINAL SAVAGE

- Impression Management, and the Making and Unmaking of Deviance and Discipline

in Late Colonial Philippines, 1900-1935

By Virgilio RojasPaper presented at the Graduate Seminar, 20002-02-28

Dept. of Economic History, Stockholm University, 106 91, Stockholm, SwedenVirgilio.Rojas@ekohist.su.se

AN UNDISCIPLINED INTRODUCTION

Critical Empirico-Historical Departures

Our journey into the subject of criminality and colonial management begins with two impressive, statistically-grounded, and widely quoted accounts of what appeared to be declining ratios of criminality and low racial propensity to criminal behaviour among natives during the early years of American colonial occupation in the Philippines. This first set will then be juxtaposed to yet a third deposition from a contemporary informant, clearly unimpressed with and critical to theory and practice of colonial management itself.

As we shall later see, critical questions to unfold in the course of ‘dialogue’ with the above trinity of informants will anticipate the central theme, thrust and problem that will be the subject of deeper elaboration further on in this report: How and why impressions (and the need to maintain and manage precisely those impressions) about both colonial managers and the subject populations they are supposed to manage, matter as conditions and constraints to the practical operation of colonial management itself, and its deployment and application of s-c ‘technologies of disciplinary power.’ Or alternatively put, how and why the way in which a colonial latecomer like the United States defines and projects itself as a unique ‘civilizing’ power (relative to a set of distinct ‘audiences’: other ‘civilizing’ powers, political constituencies and economic interests at home, colonial subjects) bear on the actual course in which the practical bases (judicial and ‘disciplinary’ institutions) of such power evolves.

But before we begin with the ‘dialogue’, a thumbnail description of the prominent socio-political contingencies and the discursive landscape or official meta-narrative in which terms the fledgling colonial ‘civilizing’ project were to be negotiated at the early stage of American occupation, is in order.

In 1900, American policy-makers and colonial overseers were still debating the terms of Philippine colonial incorporation for the then newly acquired territory in the Far East. They first turned to British s-c crown colonies’ in Africa and Asia for possible models, but finally settled for a home-spun, if slightly revised model of territorial government1 -- or a colony with ‘representative institutions, but no responsible government’. Indeed, the Americans consciously and tactfully avoided the use of the term ‘colony’ so as not to offend the sensibilities of the subject population, a significant segment of which had just recently redefined its terms of identity in nascent nationalist directions after taking on and almost decisively ending more than 350 years of Spanish rule through a popular armed insurrection.2 Yet, Americans soon found themselves drawn into a vicious two-year war with large fractions of the still functional native rebel army against Spain, which was soon effectively if brutally quelled. When the fighting officially ended in 1902, the stage was set for a bold American experiment in building the basic institutions of what some contemporary analysts referred to as tropical democracy.3 It was to be a ‘civilizing’ project like no other: one with an unprecedented fast-track, condensed mentality-and-sensibility-altering agenda based on scientifically managed popular pedagogy in modern democratic, responsible, auto-disciplinary citizenship and eventual self-rule. A ‘civilizing’ project compelled by the noblesse oblige of an enlightened modern global power to proselytise and benevolently persuade yet unenlightened subject populations in the ways of modern, rational self-management.

Couched in the idiom of tutelage, American political, legal, judicial, educational institutions were to be gradually transplanted through learning-by-doing exercises in self-government, first by a limited electorate drawn from the most ‘intelligent’ segment of the native population, later to be enlarged in tandem with the spread of mass education, and the intensification and thickening of inter-tribal and cross-cultural communication. Cultural homogenisation will, as envisioned, eventually turn the natives into an English-speaking race, ‘exceeding in intelligence and capacity all other people of the Tropics.’ 4 Within

1 An adjusted version of the Jeffersonian-Madisonian model of government for the territory of Louisiana. Report of the Philippine Commission (RPC), 1900: 104-107.2 Ibid. As the American commissioners warned: ”No other word in their vocabulary is so ill-omened (sic.), so terrible, so surcharged with wrongs, disasters, and sufferings. In their experience, a colony’ is a dependent political community which the sovereign power exploits, oppresses and misgoverns.’ 3 Elliot, Charles (1917) The Philippines, To the End of the Commission Government: A Study in Tropical Democracy.4 Census, 1903: 39-40. The language of tutelage was by then of course well grounded in ‘traditional’ American, that is, Jeffersonian, educational and political theory, which posited the inextricable functional link between universal education and popular government. Following this ‘tradition’ early colonial bureaucrats like Director of Educational Bureau, David Barrows (1903-1909) moreover tailored policies on colonial primary instruction in favour of ‘literary education’ over one which prepared the citizenry for industrial, productive labour; like Jefferson, Barrows ‘looked at the school system to break down class barriers, to create an educated, independent yeomanry.’ Succeeding policies would however displace and reorient directions toward industrial education. Conflicts and changes in official discourse in the field of educational policy within the American colonial hierarchy underlying noted shifts are eloquently sketched in the seminal work of Glenn Anthony May (1980) Social Engineering in the Philippines. The Aims, Execution and Impact of American Colonial Policy, 1900-1913. Quezon City: New Day Publishers.

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the colonial meta-narrative thus, the bulk of the native population was depicted as intellectually backward, ‘ignorant, superstitious and … incapable of understanding any government but that of absolutism.’5 Hence to make tutelage worth its while systematic identification and targeting of the potential first phase tutorial population is a pre-requisite, and will be achieved through a restrictive definition and criteria of eligibility into the electorate. The second phase envisions a co-extensive enlargement of the tutorial constituency, who through practical learning-by-doing-self-government will later eventually be able to expurgate unrestrained absolutist in favour of more self-disciplined government, ‘limitations upon power which is now so difficult for them to understand.’6 As the Americans argued: ‘by establishing a form of municipal government practically autonomous, with a limited electorate, and by subjecting its operations to the scrutiny and criticism of a provincial government in which the controlling element was American, we could gradually teach them the method of carrying on government according to American ideas.’7

Moreover, this grand experiment in modern tropical democracy would now also employ the knowledge-generating power of statistics in a scale hitherto rarely seen. Tutelage would not only be systematic, it will be managed scientifically with the latest innovations in turn-of-the-century ‘informational technology.’ In fact, census-taking itself would become both tool and laboratory of teaching in the art of self-government. An Act ratified by the American Congress and instituted in situ by the Philippine Commission virtually made the gradual extension of modern self-government to the natives contingent upon the success of the census, by providing for the holding of general elections to a popular assembly within two years after its implementation. Indeed as our first informant, Director of Census retired Major General J P Sanger would proudly announce, the Philippine census was the first attempt ever by any ‘tropical people in modern times, to make an enumeration of themselves.’8

5 An important indication of native low IQ was the degree of fluency in Spanish: ‘The intelligence and education of the people may be largely measured by knowledge of the Spanish language. Less than 10 percent… speak Spanish. With Spaniards in control of these islands for four hundred years and with Spanish spoken in all official avenues, nothing can be more significant of the lack of real intelligence among the people than this statement.’ Report of the Philippine Commission to the Secretary of War, 1901: 19-20.6 Just as native ’IQ’ was measured by linguistic proficiency, so too was the ’intelligent population’ to be recruited according to that standard plus of course income level and past experience in colonial management. So only those who spoke English or Spanish, paid yearly taxes of no less than 15 dollars/yr or owned property equivalent to 250 dollars or had formerly served as municipal officer, were able to enter the ranks of the ‘intelligent’ tutorial constituency. Ibid: 7 Ibid: 20-21.8 Census of the Philippines, 1903: 31. Systematic enumeration and classification of populations were of course by no means an American invention. Proto- and more modern censuses had been carried out earlier on in the Islands during Hispanic colonial rule, through the agency of the Church and the secular bureaucracy (with the latter accelerating in the mid-and late 19th century) in an ascending order of sophistication. Most of these censuses, even the latest ones at the close of Hispanic rule were estimates (not absolute house-to-house counts) and often referred to those of non-comparable populations, i.e. of either tributary or parish/pueblo populations. Parish counts were usually more comprehensive than the tribute-based estimates. Comparatively, American innovation, as represented by the 1903 census, lies not only in the sheer scale and relative accuracy (house-to-house counts) of enumerated data, but distinctively in inter alia: a) the plurality of the ‘objects’ of classification and the kind of measurement fetish generating all sorts of statistical data on populations of just about anything and everything, from cattle to criminals; b) the indigenisation (an in fact partial feminisation), as alluded above, of census-taking as a knowledge-power (to use Foucault) generating organisation and devise, devolving from the exclusive hands of the

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Statistical-izing Impressions of Lost Criminal Populations

Included in this ambitious colonial cognitive mapping project of sorts is of course information and knowledge-production vis-à-vis deviant and criminal populations. An early, crude, yet statistically-based statement on this score was issued by Census Director J P Sanger in late 1902. Departing from the number of convicted felons confined in prison, or a figure of 5 395 out of a total 12 312 accused of various crimes, for that year, Sanger arrives at a criminal ratio of 8 to every 10 000 population. He then compares this with the corresponding US figure for 1890 given at 13: 10 000 to conclude that ‘considering the unsettled condition of affairs in the island during the 6 years prior census, the showing is … remarkable and indicates that the Filipino as a race are not specially disposed toward crime.’ (emphasis added)9

In a preceding passage, we find Sanger’s circumspective distinction between Christianised populations of the pueblo, the central object of statistical enumeration, and what he labelled as the non-Christian or ‘wild tribes,’ non-pueblo populations to be approached separately and more cautiously. Curiously, however, he, as if randomly inserts deviant or ‘outlaw elements from the Christian towns’ as a fourth group in a fourfold classification scheme for the savage populations. This segment of the ‘civilised’ population turned savage is apparently and presumably unaccounted for in the criminal statistics, Sanger’s delinquency-factor as it were, the consequences of which he by no means bothered to acknowledge.

Six years later, Attorney General Ignacio Villamor’s pioneering survey, ‘Criminality in the Philippine Islands, 1903-1908’ provides us with an even more sophisticated re-statement of Sanger’s conclusion. Villamor, a native bureaucrat, had the luxury of the routinization over time of bureaucratic functions and its auspicious effects on data-retrieval and production that Sanger didn’t have in 1902; certainly since then the nationwide census had long been completed, courts have become more effectively managed, with the habit of record keeping and statistical reporting starting to take root among a growing army of native court clerks.10 With this advantage he is able to produce detailed

Spanish clergy and colonial officials towards an inclusive cadre of native functionaries under American supervision. For comparative contemporary cases elsewhere, see Benedict Anderson’s discussion of Charles Hirschman’s study of mentalités of British colonial census-makers for the Straits Settlements and peninsular Malaya in his widely read Imagined Communities. Reflections on the Origin and Spread of Nationalism. London & New York: Verso. For a critical, comparative assessment of Philippine Spanish and American census data, consult May, Glenn Anthony (1987) A Past Recovered. Quezon City: New Day Publishers; Corpuz, OD (1997) An Economic History of the Philippines. Quezon City: University of the Philippine Press. For an interesting semiotic analysis of the 1903 Census, refer to the trailblazing work of Vergara, Benito (1995) Displaying Filipinos. Photography and Colonialism in Early 20th Century Philippines. Quezon City: University of the Philippine Press.9 See Census, 1903, Vol. IV chap VII. ‘Criminals and Prisons,’ p. 417.10 As the huge organisation under-girding Villamor’s comprehensive survey reveals: 235 statistical reports of criminal cases filed at the Courts of First Instance (CFI) collated and submitted by 47 court clerks coupled with anecdotal data from 27

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and denser statistical information on major criminal categories and their relative frequencies and relevant anecdotal data on possible causes of common crimes occurring between 1903-1908.

Unlike Sanger’s, Villamor’s survey is now explicitly informed by state-of-the-art theories from positivist criminal sociologists such as Cesare Lombroso and Enrico Ferri;11 ostensibly, it is now more concerned with accurate scientific analysis of the causes of criminality within the frame of dominant criminological discourse to date. But like him, Villamor ultimately reaffirmed, but perhaps for different reasons, and as will soon be clear, from discrepant premises, the negligibility of criminality and its corresponding ‘genetic’ implications. Winding up his impressive statistical probe, he avers: ‘It therefore appears that judging criminality in the Philippines either from the number of crimes or cases and of persons accused, or from the number of persons accused convicted by the courts of justice, the result of the comparison of the four quinquennial periods (Q1 1870-1874, Q2 1875-1879, Q3 1883-1887, Q4 1903-1908) shows that the Filipinos, as a race, as General Sanger declared in the census of 1903, have no inclination to crime.’12

Figure 1Quinquennial average ratio of criminals per 10 000 population in

relationto no. of cases, accused, and convicted, 1870-1903.

Source: Villamor, I (1909) Criminality in the Philippine Islands, Table Nos. XLVII, XLVIII, XLIX, L, p. 42-43.N.B. Q4 include only data on total and average no. of persons, whereas Q1-3 figure depart solely from total and average no. of cases.

As for remarkable deviations from the standard of diachronically declining criminal ratios, like the quizzical ridges or peaks punctuating the start and finish

provincial fiscals nationwide. Villamor, Ignacio (1909) Criminality in the Philippine Islands, 1903-1908.11 Insofar as he failed to properly footnote his quotations, it is however unclear exactly whether Villamor departs from Lombroso’s early or later editions of his widely influential work, On Criminal Man (1876); where Lambroso’s theoretical concerns successively shifted throughout five editions from a mono-causal, biological to a multi-causal ecological explanation of deviance, including climate, gender, marriage customs etc. One can nevertheless easily infer from the checklist of potential causes Villamor intended to verify through the survey and his way of downplaying biology in the text that he had indeed taken central cue from the mature Lombroso and his more sociologically-oriented successors within the s-c Positivist School like Ferri. For a short outline of early criminological theory see Lilly, Cullen, & Ball (1995) Criminological Theory. For a contemporaneous critique see Durkheim, Emile (1997) The Division of Labor in Society…. pp. 257-8.12(emphasis added) Ibid: 88.

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of the fourth or current quinqennium (Q4), which on face value would appear to adversely bear on the Sanger-theorem of low native racial or genetic predisposition to deviance, Villamor, after fastidiously tracing the sources of noted statistical discrepancies, nonetheless critically maintains that: ‘the increase of criminality … is due to causes which were purely transitory,13 ‘and not to a psychological condition revealing social perversity and degeneration.’14

In fact, not only does the scientific evidence provided by falling criminal ratios sustain the notion of native racial fitness, it also suggests, according to this informant, a strong positive correlation between effective colonial ‘instruction’ and sound native ‘intelligence’ and ‘learn-ability’ as it were. Hence, in quite a short span declining patterns of deviance more than anything indicate the emergence of a new ethos, a new sense of responsibility and discipline spawned by the US-led revamp of outdated Spanish-designed institutions, not least in the field of secular primary mass education and effective criminal procedures. Ultimately as such Villamor expects that as intellectually and morally enlightening public instruction mounts across the whole ‘laity’, particularly among the indigent lower-classes, rising popular savoir-faire in criminal law15

and internalisation of preferred mentalities, habits and dispositions in loop with the new moral order will as a result increasingly check if not pre-empt vestiges of deviance in a way that will make that order homeostatic and self-sustaining. Under given conditions Villamor envisions the birth of Lombroso’s proverbial informed ‘moral man’ without ‘criminal proclivities.’ An anti-deviant individual imbued with the virtues of self-discipline and deference to: work, the principles of private property, law and order, authorities, duty and self-denial in adversity, and self-restraint. 16

Literally taken, the statistical imagery and enunciations elicited by the Sanger-Villamor reports may be temptingly read, as some recent scholars tend to do, as emblematic of two consecutive phases in the progressive deployment and application by a modernizing colonial power and its native subalterns of knowledge-generating statistical techniques for objectifying and thus rationally managing (allegedly manageable) native deviance and deviant populations at large.17 While the ‘rationalisation of colonial rule’ interpretation is certainly plausible in terms of actual, ‘performative’ or the practical/functional 13 Concurrently, whereas the initial peak in 1903 was as reported largely fuelled by crimes (political and predatory banditry, vagrancy, stock- and property theft, violation of oath of allegiance law, etc) following in the wake of the anti-occupation war and its ramifications (food shortages, rinderpest, inflationary livestock prices, etc), subsequent growth in 1907-1908 stemmed, according to Villamor, mainly from the introduction and enforcement of new laws (gambling, election, weight & measurement laws, etc). Ibid: 88-90.14 (emphasis added) Ibid: 90.15As the author suggests, inasmuch as native lawbreaking has largely been a function of widespread ‘ignorance of the law,’ popular instruction in penal law will do for crime-prevention what the dissemination of elementary knowledge in hygiene can do for disease control. Ibid: 88.16Quoting Lombroso but without proper notation Villamor points at the hazards of moral-free instruction as the precursor of the ‘smart’ deviant: “Knowledge which doesn’t moralise the individual converts him into a criminal more refined, more ingenious, and more dangerous.” Ibid: 87-88

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application per se of s-c modern technologies of power – after all, there can be little doubt on the historical distinctiveness of American large-scale and strategic deployment of census-taking as a deliberate devise in colonial management in the Philippines – it does not rule out an equally plausible if interlacing analysis of the same accounts in the ‘performative’, functional sense of impression-making and management.18

That is, in reading these reports one should carefully distinguish strategic transfer or deployment of rationalising technologies of power (census and criminal statistics) in itself, from the tactical appropriation or redeployment of these technologies - particularly in highly power-laden colonial contexts such as in the current case - by asymmetrically positioned but interactively operating social agents (who for discrepant but instrumental reasons, as in the super-ordinate-subaltern Sanger-Villamor relationship partake) in the simulation of images or impressions about strategic technology transfer itself. As much as one can speak of multiple technologies of power, like ‘militarized measures for instituting public health and disease control, highly specialised laboratory experiments and scientific papers on tropical medicine, and reformatory prisons and model penal colonies,’19 one may in this second meaning find an array of impression management or information control techniques in the presentation or projection of these technologies as integral components of a modern colonial power’s self-image. The transaction of ‘performative’ activity in the above dual sense will moreover substantively be negotiated in terms set by the larger, dominant discourse of power; it is locked into and should bear a consistent (or at least a semblance of it) relationship with something amounting to what one author labelled as, the

17 A tendency that resonates strongly in the recent surge of Foucault-inspired scholarship exploring the transfer and application of technologies of disciplinary power during the early phase of American colonial rule, particularly in the work of Michael Salman, who sees how Villamor’s ‘depiction of the purpose and methods of Philippine penal system bears a striking

resemblance to the rationalization of colonial rule.´(emphasis added). Salman, M. (1997) “Nothing Without Labor”: Penology, Discipline and Independence in the Philippines under United States Rule,” in Rafael Vicente’s Discrepant Histories. Translocal Essays on Filipino Cultures. Manila: Anvil. pp. 113-132. For a comparative and interpretative regional analysis of the diversification and ‘hybridization’ of imported new penal technologies in 19 th and 20th century Latin America see the insightful anthology edited by Salvatore, Ricardo & Aguirre, C (1996) The Birth of the Penitentiary in Latin America. Essays on Criminology, Prison Reform, and Social Control, 1830-1940.Austin: University of Texas Press. For the original definition see Foucault, Michel (1994) Power. Essential Works of Foucault, 1954-1984. Vol 3. Ed. By Faubion, James. New York: The New Press.18 As Goffman, from which this term originally derives, once presciently described the interaction of politics and drama, argued: for power of any kind to be effective, whether projected through example, enlightenment, persuasion, exchange, manipulation, authority, threat, punishment or coercion, must be clothed in effective means of displaying it and will have different effects depending on how it is dramatized. He argued that rather than allow the impression of activity to arise only incidentally one can reorient reference frames and invest, in the making of desired impressions; instead of attempting to achieve ends by acceptable means one can attempt to achieve the impression that they are achieving certain aims by acceptable means. Goffman, E (1958) The Presentation of Self in Everyday Life. New York: Anchor Books. For an extensive elaboration on impression management through myriad information control techniques in interactions involving stigma and its strategic and tactical concealment and camouflage see his later work, (1990) Stigma. Notes on the Management of Spoiled Identity. London: Penguin Books. James Scott below recycles this dramaturgical approach in his analysis of the discourses of power, domination and resistance.19 Rafael, op.cit: xix.

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‘public transcript’ of domination.20 In the Philippine case, this ‘transcript’ articulates in American colonial self-portrayal as benevolent civilizers and mentors of modern rational citizenship and self-government. Within the general parameters of this official discourse colonial managers, their proximate native subalterns and subjects at large are expected and compelled to ‘act in character’ as it were, at least in public, according to their respectively designated roles. Further, if the underlying logic of strategic technology transfer is to heighten the intrusiveness and operational efficiency of a modern colonial power’s surveillance and control capabilities, the interactive and negotiated redeployment of the same, especially where impression management is at work, will reciprocally embody the counter-logic and possibility of censoring, short-circuiting or subverting those very capabilities.

With the above distinctions in mind, we note with wonder how the statistical information generated by our informants and the impressions they tend to create with it have hitherto largely eluded serious critical scrutiny. Nor has the possibility of impression-making and management through statistical imaging, its meaning, and impact on the praxis and practical bases of colonial power ever significantly concerned historians of colonial crime and deviance. 21

In retrospect thus, there could very well be more to the Sanger-Villamor impressive, statistically festooned narratives on native deviance than what might, at first glance, simply appear as perfunctory, progressive deployment of new technologies of power. In fact, subjecting these accounts to crude ‘forensic’ examination will readily reveal traces of ‘performative’ activity as previously noted. And it is precisely the flawless fit between statistical evidence and the conclusions about ‘natural’ native anti-deviant properties suggested by these reports, that almost instinctively invites investigation.

A central ‘lead’ in an initial attempt to detect potential technical flaws in the ‘flawless fit’ imagery is provided by population data on which allegedly declining criminal ratios rest (i.e. the denominator used in the calculation of these ratios). Apparently identical trends of low level or declining native propensities to deviant behaviour projected in the cruder synchronic Sanger and later in the more technically sophisticated diachronic Villamor reports are in fact calculated from discrepant population figures. As noted (p.4) Sanger explicitly and strictly departs from total pueblo-based Christian (‘civilised’) population figures, excluding fluid non-pueblo unconverted tribal and mobile criminal Christian populations. An instant comparison of the ratio obtained for 1902 is 20 Defined by James Scott in its crudest form as, the ’self-portrait of dominant elites as they would have themselves seen.’ (1990) Domination and the Arts of Resistance. Hidden Transcripts. New Haven & London: Yale University Press. p. 18.21 Adjacent to current works on ‘technologies of power’ in Rafael, op.cit., take also a look at the way social historian, Greg Bankoff uses Spanish and early US criminal statistics in his unique monograph on deviance and the rise of what he calls the ‘judicial state’ and its implications to social control at the close of Hispanic colonial rule. Bankoff, G (1996) Crime, Society, and the State in the Nineteenth Century Philippines. Quezon City: Ateneo de Manila University Press.

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then made with US estimates for 1890. Under given conditions Sanger’s conclusions on native deviance can at best be nothing more than provisional.

In the case of his native counterpart, the impression of meticulousness and precision ‘given off’ by the powerful ensemble of 54 tables of criminal statistics he deploys, the barrage of supplementary anecdotal data, not to mention the critical analyses of potential data biases, yes, all the trappings of scientific savvy, collapse under the weight of one crucial ellipsis, one very prominent blank Villamor as if strangely ‘forgot’ to account for. Nowhere in this survey has he explicitly specified the actual denominative basis of his celebrated criminal ratios. Finding Villamor’s ‘lost’ demographic denominator (s) might give us a clue to the enigma of ‘amnesia’.

Revisiting the central statistical tables (Villamor, Tables XLVII-L: 42-43), we are able to extrapolate and recapture the ‘missing’ population data by cross-referencing Villamor’s criminal ratios for the four quinquennial periods (Q1-1870-74; Q2-1875-79; Q3-1883-87; Q4-1903-08) with alternative quinquennial ratios calculated from a number of known population figures. Evidently, for the American period (Q4), our prime concern is to determine whether Villamor uses total (Christian + non-Christian) or partial (only Christian) population figures from the 1903 Census. For the Spanish period (Q1-3), our task will be a bit different: here we need not bother with the above-noted distinction, since pre-existing data usually singularly refer to Christian populations, rather our concern will be confined to pinning down among a number of possible alternatives exactly which source Villamor did utilize. We know from the Census of 1903 and 1918 that the alternative Spanish population estimates listed below (Table 1) were and must have been available to colonial officials like our distinguished Attorney General.

As our cross-referencing test clearly shows (highlighted figures marked with asterisks), Villamor’s quinquennial ratios on all three categories (average no. of cases, of accused, and of convicted felons) for the Spanish period (Q1-Q3) matched with the relatively less accurate 1876 Church-based population estimates. As far as the American period is concerned, the corresponding matches indicate total and not partial population figures from the 1903 Census as his point of reference on all three counts. What the test essentially suggests is that for Villamor to be able to vindicate Sanger’s theorem with any credibility he had to commission and make

Table 1. Population statistics (million), 1870-1903

Year 1870A

1876B

1877C

1879D

1885E

1887F

1903G

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Population(Christians

only)4,71 5,50 5,56 5,48 5,83 5,98

6,98G1

7,63G2

Source OfficialGuide

Church Census OfficialGuide

Church Census Census

Source: Census of the Philippine Islands (1918) Vol. II, Population and Mortality. p. 24.N.B. The censuses (1877, 1887, 1903) are comparatively the more comprehensive source, with the 1903 census relatively the one closest to a standard house-to-house count. G2 & G1 are exclusive respectively

inclusive of the non-Christian population.

Table 2.

Q1 1870-74 Q2 1875-79 Q3 1883-87 Q4 1903-1908

(V) C1 4257 4860 4199 7359 (V) CR 7,88 8,83 7,63 9,63*

(6,64)# 1. (1870) CR 9,032. (1876) CR 7,74* 8,83* 7,63*3. (1877) CR 8,72 7,544. (1879) CR 8,85 7,655. (1885) CR 7,196. (1887) CR 7,027. (1903 G1) CR 10,508. (1903 G2) CR 9,63*(V) C2 6711 7580 6880 7359(V) CR 12,42 13,77 12,50 9,631. 14,22. (1876) CR 12,2* 13,77* 12,50*3. 13,604. 13,805. 11,786. 11,497. 10,508. (1903 G2) CR 9,63*(V) C3 2803 3450 2717 2984(V) CR 5,19 6,27 4,94 3,901. 5,952. (1876) CR 5,10* 6,27* 4,94*3. 6,194. 6,285. 4,656. 4,537. 4,278. (1903 G2) CR 3,90*

Cross-referencing Villamor’s (V) with alternative quinquennial (Q) criminal ratio (CR) estimates per 10000 according to population data (million) used (Table 1) in relation to average aggregate number of criminal cases (thousand) (C1), of accused (C2), and of convicted felons (C3).

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Source: Tables XLVII, XLVIII, XLIX, L, Villamor, I. (1909) Criminality in the Philippine Islands, op cit. pp 42-43.N.B.C1 figures drawn from aggregate no. of cases for Q1-3; Q4 data represents mainly aggregate number of persons.C2 figures culled primarily from Court of First Instance (CFI) records forQ1-4; it should be noted however that during Q4an unspecified number of crimes previously under CFI jurisdiction were transferred to lower circuit courts. C3 estimates refer exclusively to convicted criminals.* exact or close match. # computation or typographical error? Data noted in the explanatory text at the end of the report (6,64) do not tally with the corresponding figure note in Table XLVII (9,63), which for all intents and purposes gives the correct figure. Compare text and table in p. 88 and 42, respectively.

past pre-US data serviceable; and as far as our alternative ratio calculations demonstrate it really didn’t matter whether denominative population estimates used were more or less accurate, any would do as ratios wouldn’t have varied significantly. Indeed, for the category C3 (no. of convicted felons, purportedly approximating the hardcore among deviant populations in any given society) even the historically highest figure (6,27 for Q2) would still fall way below Sanger’s comparative 1890 US standard of 13. The low-propensity theorem, even giving allowance for inaccuracies of any one population estimate deployed for the pre-US period, would have been largely sustained anyway, so it appears.

We seem to have been lured into a wild goose chase! But, perhaps not. It might be precisely the apparent arbitrariness, not precision, of the statistical bases on which the suspicious intersubjective conclusions of the two consecutive accounts were in fact or might have been drawn that makes the impression of intersubjectivity possible in the first place. And it is this arbitrariness (or the interchangeability as it were of discrepant data from which to draw ostensibly identical conclusions) that might actually be the object of concealment in Villamor’s statistical-izing impressions of diachronically low/declining criminal ratios, the real object of noted prominent blanks in his account. The impression of continuity over time which he further reinforces with that long silent and unaccounted gap (on both numerator and denominator halves of the equation) between 1887-1902.22

Exposing the arbitrariness of statistical data in this manner opens the floor to possible other signs of ‘performative’ activity elsewhere. Whereas concealment of statistical arbitrariness is crucial in producing images of statistically stable and sound native popular psychology, the amplification of statistical anomalies and the selective application of rigor to flush them out tend to create the impression of the transitory nature of deviance. (Here, explicit rigor or

22 One doesn’t have to be specially trained to detect instances of embarrassing clumsiness in Villamor’s way of handling of and deploying statistical information, that conjures images of one who tries to impress by pretending to have skills one hasn’t really mastered yet, or if he did have, feigning not too have mastered them entirely yet.

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‘complete information,’ not ‘strategic secrecy’ as Goffman23 would have designated the previous case of concealment, infuses management operation and images generated by it with scientific aura). Villamor applies this technique in domesticating noted surges in criminality during the start and close of the American Q4 period (pp. 5-6; f n 13-15) 24

Both sets of images combine, not only to validate Sanger’s dictum, but the dominant discourse of colonial power as well. They both ‘give off’ expressions of scientific evidence to show the absence of ‘genetic’ criminal disorder among natives at large, and by the same token therefore Filipinos are ‘genetically’ fit to govern themselves given proper instruction and enough time.

While our two informants tell of low racial propensities to deviant behaviour, the deployment of impression-making statistical data satisfies perhaps diametrically different compulsions and needs emanating from differential social positions: for Sanger, the supposed ‘tutor,’ the downplaying of ‘genetics’ may well take its cue from an offensive compulsion to create, or at least a semblance of it, a potential ‘tutorial population’ ‘genetically’ fit to learn; for Villamor, the supposed ‘student’, it may just be the opposite, a defensive compulsion to justify eligibility into the same population defined as ‘genetically’ fit to be taught. By and large, these accounts tell more than just the straightforward, disinterested transfer of s-c new technologies of power and their assimilation into alien societies and populations; they also tell how the actual terms of ‘technology-transfer’ and institutionalisation will be contested and negotiated in ways that to some extent will involve the manufacture and management of impressions about how social agents wish that process to be seen by others.

Anecdotally Critical Counter-Impressions

23 Goffman (1959) op.cit.24What is most fascinating with the statistical-izing impressions generated by Villamor’s impressive yet inordinate use of data in his reconstruction of native criminality are those critical moments when statistics appear to suddenly assume a life of its own, pulling some of these impressions into unexpected directions to become self-fulfilling prophecies at times. For instance, while he in one breath alludes to the literal construction of crime by political fiat, in the next, he almost as nearly literally de-constructs the same. As such, comparing the American quinquennial (Q4) with the Spanish equivalent (Q1-3) he concurs, ‘it is a fact that … numerous (US-sponsored) special laws have been enacted … increasing the total number of persons accused annually by the addition of such offenders.’ Thus, consistent with the impression generated by noted statement, Q4 data intimate indeed that almost 4000 were accused of violations of special laws, roughly 4800 of brigandage, and around 1 000 of vagrancy, adding up to a rounded figure of 10 000. At any rate, he insists that this figure is in fact insignificant to the total number of accused for concerned period (36 652), thereby meriting exclusion from the total criminal count for Q4. In other words he removes unwarranted sources of peaks in advance. An act which of course creates the impression of flattening or declining curves. However, a cursory check will easily reveal that these as it were ‘socially constructed’ crimes (via new laws that is) are not that insignificant after all (in fact they represent more than 20% or a fifth of all crimes for said period!). He then concludes that ‘assuming relative accuracy of the Spanish data (Q1-Q3)’ which is in fact contradicted by his finer-print caveats below corresponding tables where he tells of data flaws and probable comparability problems, there is still reason to believe that ‘there has been an unquestionable decrease in the number of criminals,’ for Q4 in relation to the preceding Spanish intervals!

12

For those in the commanding heights of American colonial power, it was intrinsically important to project strategic transfer of new technologies and institutions of power in terms of ‘mastery’ or control over that process. This was commonly how colonial technocrats in the interim government in the Philippines, many of them professionals and members of American intelligentsia25 tried to conduct and wanted themselves to be seen and perceived by the native subalterns and populations at large. Their critical encounters with natives they were supposed to instruct in the art of modern self-management during those very fluid, early years of colonial rule would test the limits of that self-image. During these initial encounters American administrators entered social sites26 they had yet hardly mastered, sites enclosed within institutional worlds carved out by more than three hundred fifty years of Hispanic colonialism, ‘inhabited’ and previously operated by social agents who had predispositions, mentalities, and practices evolving from an environment they had previously learnt to master.

The arrival of new masters, with actually little or no ‘mastery’ over these social sites and institutional world, but posed to conquer and reshape these sites as portable images of their s-c modern home institutions, would naturally worry the natives, who would try to defend, if symbolically, these sites and institutional environments from total usurpation, or alternatively, from the possibility of completely being ‘mastered’ by their new ‘masters.’ At the point of American entry into these sites, the stage was therefore set for symbolic contestation and ‘negotiations’ over institutional turfs; some of which translated into silent but stunning victories in favour of the natives and the ‘hybridization’ if you like of institutional change and technology transfer.

Henry Parker Willis,27 our third reporter, lends us anecdotal, critical counter-impressions of these first encounters and problems of colonial management’s self-portrait in 1901-1905. His sensitive eye brings us closely ‘under the skin’ of spectacular running symbolic struggles over social sites in insular legal and judicial institutions, then under American reconstruction.

Far from radiating the swagger and self-confidence of a Great civilizing power, Willis speaks of a groping, at times, fumbling improviser, consumed and sometimes crippled by cynicism, contempt and self-conceit. Ironically, American condescending attitudes towards native self-management abilities had

25 May (1980) op cit; Gleeck, Lewis Jr (1986) The American Governors-General and High Commissioners in the Philippines. Proconsuls, Nation-builders and Politicians. Quezon City: New Day Publishers.26 The term ‘sites’ as intended here is something akin to Bourdieu’s concept of ‘fields’ in which ‘habitus’ or predispositions operate. The point that his concept makes about conflicting social actors over resources of different modes in these ‘fields,’ and symbolic struggles arising from such conflicts of interest are well appreciated here, albeit we have yet to fully develop ideas about whether and how to incorporate Bourdieu in our analytical frame. For a condensed note on his works see Swartz, David (1997) Culture and Power. The Sociology of Pierre Bourdieu. Chicago: The University of Chicago Press.

27Willis, Henry Parker (1905) Our Philippine Problem: A Study of American Colonial Policy. N.Y.: Henry Holt & Co.

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de facto thwarted certain important components of institutional modernization they sought to achieve at the outset. This brand of self-constraining demeanour was starkly reliefed in the early attempts to transform pre-existing Spanish-designed legal and judicial institutions and practices. Default, disastrous improvisations and strategic retreat, if not silent ‘surrender’ to native forces were the leitmotif of American inroads into this institutional turf. Personnel scarcity and linguistic handicap marked the initial phase of American intervention in this site. Although US institutions, laws and practices were deemed superior, there was simply not enough judicial manpower28 fluent in Spanish, let alone Spanish law or procedure. The early American military government (1899) had to simply accept existing conditions and rely if hesitantly on Spanish or native judges and lawyers to man the new bench as it were. However, the intention was to repeal and modify procedures and substantive law, coupled with the gradual retiring of Spanish in favour of English as official and legal lingua franca.

Willis noted that later the architects of the new legal system were unrehearsed in the fundamentals of Roman law that they ‘tended to introduce a fearful confusion into the body of law which it sought to leave untouched.’29 The image of the fumbling improviser was manifested in the almost literal Americanisation of the Code of Civil Procedure, but not that of the Civil Code. As Willis bewailed, the former ‘traversed the provisions of the latter and leaving others to stand as fragmentary and irrelevant parts of an original, like the pillars of some ancient church destroyed by a Philippine earthquake.’30

Nowhere was the self-restraining impact on institutional modernization by American contempt towards the native so lucidly manifested than in the interim insular government’s decision to forgo the installation of the system of trial by jury31 and the limitations attached to the writ of habeas corpus, that tended to be more onerous on personal liberty than those in the Spanish model. The trial by jury episode also vignettes the curious coincidence of super-ordinate-subaltern discourses; Filipino magistrates like Cayetano Arellano was as much hostile to the idea as the incumbent Governor General Taft, but for essentially diverging reasons – the former defending the well-entrenched exclusiveness of Hispanic judicial culture from any threat of contamination, while the latter, motivated by 28 There was in contrast an abundant supply of native and Spanish lawyers at this point, not least due to the legalistic and judicial nature of Hispanic bureaucracy, the impact of what Bankoff described as the 19 th century rise of the ‘judicial state’ on the Islands. Bankoff, op cit; see also Robles, Eliodoro G (1969) The Philippines in the Nineteenth Century. Quezon City: Malaya Books Inc.29 Willis, op cit: 92-9330 Ibid: 93-94.31 May (1980) op cit: 50, intimates that the junking of jury trials stemmed from the caretaker Commissions belief that ’90% of the people are so ignorant that they cannot sit on the jury to begin with and understand anything that would be addressed. Commissioner Ide, who drafted the codes of criminal and civil procedure, introduced instead trial procedures similar to those of Samoa, where in civil cases, the contending parties may request two ‘assessors’ from a list of qualified residents to assist a regular magistrate.’ See also, Salamanca, Bonifacio (1968) The Filipino Reaction to American Rule, 1901-1913. Shoestring Inc.

14

fear of potential native adulteration of the sanctity of modern democratic culture embodied in the praxis of jury trials, yet to be internalised by the native.Otherwise up until 1906 native symbolic resistance had been fierce and able to hold American intrusion into legal and judicial sites largely at bay. The retention of Spanish as mainstream medium in these sites attests to the tactical if not strategic victory of defensive struggles, insofar as much of the Spanish legal system did remain intact long after the Anglicisation of courtroom and bureaucratic speak. Indeed an astonishing, silent capitulation of this institutional turf to the natives, which was unsurprisingly also to evolve into one of the earliest, most indigenised components of the colonial bureaucracy.

Willis continues to report on other instances of impression-management and critical counter-impressions. Criminal procedures are a case in point, where he finds a serious discrepancy between the dressed self-portrait and naked face of colonial power. Consequently, impressions created by colonial managers in perorations and display of ‘oratorical fireworks’ evoke the stern integrity of judges and their even-handedness in sentencing natives and Americans alike. Many natives, according to him, would tend to disagree; in fact in criminal cases, ‘the judiciary has cooperated with the Commission (civil government) so closely as to be nothing more than a mere tool in the hands of that body…’32 in wholesale production of convictions. Moreover, judges were under pressure to deliver according to the wishes of the Commission. Malfeasance and corrupt practices know apparently no ethnic boundaries. Various informal sanctions are applied on ‘deviants’ among the judges: those displaying civil courage and principled behaviour have been ‘socially ostracised’, they are subjected to ‘surveillance from above’ etc.

In sum, Willis underscores the centrality of the judicial body to colonial managers; one that appears to stem from the need to project unity within its own ranks, and co-extensively, from the necessity to effectively display ‘mastery’ over the institutions of power. If ranks are kept tight to maintain impressions of ‘mastery’ from above, how is that image reproduced all the way down the lower reaches of civilizing power, right down to individual typification of moral restraint and self-discipline, the hallmarks of modern civilizations like the United States, moral qualities which should have by then become every decent American’s second nature.

Willis’ suggests that American civilizing power had at this point its own ‘social problem’, one which they were keen to mask from public view. About the American population in the colonial capital, he had this story to tell: many among the rank-and-file Americans were by no means creditable representatives of American character, a big segment of which were ‘men of broken fortunes or

32 Willis, op cit: 99.

15

doubtful record, or have been adventurous young men unwilling to accept a life of steady habits and humdrum restraints at home. Our soldiers, ‘ he lamented, ‘both while serving in the ranks and after discharge, created an unfavourable impression on the natives by their dissolute habits and tendencies to oppressive methods, as well as their race prejudice,’ 33

The dangers wayward Americans posed to colonial prestige and pose were clearly articulated in the 1903 Taft Commission report regarding the Act for the deportation of troublesome characters and the large numbers of Americans transported under it: ‘One of the great obstacles that this government has to contend with is the presence in a large majority of towns of the archipelago of dissolute, drunken and lawless Americans, who are willing to associate with low Filipino women and live upon the proceeds of their labor. They are truculent and dishonest. They borrow, beg and steal from the native. Their conduct and mode of life are not calculated to impress the native with the advantage of American civilization.’34

The kind of strategic ‘concealment’ of discreditable personal information among those with stigmatised or ‘spoiled identities’, as noted in an earlier section above, finds its avatar in something amounting to ‘image inversion’ modes of impression management. Willis provides a window into such practices in his sensitive account of venereal disease control, when official apologies for the introduction of control systems to address this health problem were made on the pretext that it was necessary to protect troops and others against ‘native disease’. In fact, as Willis exclaims, nothing close to this existed in Spanish times; a system of regular prostitution was unknown. Commissioner Worcester who previous to the American occupation had travelled extensively in the islands confirmed that ‘there was comparatively little syphilis in the islands before the advent of our troops; that it was introduced by them …and that venereal disease .. has been carried into provinces where it was previously practically unknown, and has spread rapidly, only too often being communicated by those wholly guiltless of illicit relations.´35

As noted, few of the inmates of the regularly inspected resorts (houses of prostitution) were native women. So not only was this statement unsustainable, the system was actually designed ‘to protect Americans against disease brought by Americans from the US and widely propagated among a people to whom it was unfamiliar and who were unacquainted with the prophylactic or curative measures necessary for its control.’36 Willis concluded that the control system eventually and dismally failed to stem the spread of venereal disease, which 33 Ibid: 248.34 Ibid35 Ibid: 259-60.36 Ibid: 261.

16

later actually intensified rather than declined, whereby its frequency among natives rose, not least through, according to him, ‘the false safety produced by the inspection system and the consequent spur thereby given to immorality.’ In American ways of addressing the ‘social question’ at large, Willis ended with the note: ‘In this latter respect we have fallen between two stools, neither applying our own codes of social morality and restraint nor accommodating ourselves to those of the natives.’37

The First Impressions of Problem and Aim……………..

This inflated introduction was first intended to serve as a short, disciplined appetizer to what had first been envisioned as a two-chapter, standard theory-method essay. In writing the above however I had to shuttle back and forth between empirical and theoretical texts and annotations ending up inflating both chapters beyond reasonable proportion. So I decided to present noted chapters separately. Honestly, the theoretical chapter where I plan to elaborate on some of the ideas and concepts previewed here and there in the current report (Goffman’s concepts of ‘impression management’ and ‘informational control techniques’; Foucault’s ‘technologies of power’; Bourdieu’s, ‘social fields’ and ‘symbolic power’) is unfortunately still under construction, but well underway towards making sense and gaining a modicum of coherence. Here, as well, the usual state of the art excursus from which more precise research questions may be drawn, plus, perhaps an outline of an historically and institutionally sensitive model of an ‘economy of impression management,’ are envisaged. On that note, we exit from theory and re-enter our over-extended empirical annotations to wrap up with a preliminary first impression specification of some of the key issues raised by the current report.

Notwithstanding the impressionistic character of the empirical depositions on which this paper rests, they all collectively and reasonably do suggest that telescopic ‘civilizing’ projects involving the strategic transfer of portable modern institutions and technologies of power by late colonial powers like the United States cannot be fully understood without relating their actual deployment to concrete, perhaps even historically changing ways of making and managing impressions of deployment itself. The description and analysis of the history of strategic institutional and technology transfer cannot be singularly and literally drawn from empirical evidence without any attempt to separate and distinguish the process of actual realisation of strategic transfer from the virtualisation of ditto. The task to describe and analyse the related but often conflated histories of these parallel processes will therefore be the central problematique of the research project.

37 Ibid: 270.

17

To gain maximum visibility in the study of noted processes we will confine ourselves to tracing the historical development of three inter-related institutions of American colonial, disciplinary power – legal/judicial, law-enforcement and perhaps penal institutions – in three, perhaps four consecutive phases of US colonial rule in the Philippines (1899-1902; 1903-1907; 1908-1917; 1917-1935). Phase 1 constitutes the military pacification period; the second straddles the early phase of institutional reconstruction that ends with the national elections to the Philippine Assembly, the beginning of the serious indigenisation of basic institutions; the third and fourth phases are for the moment arbitrary designations. Briefly, the critical phases for institutional reconstruction are the first two.

Our main sources of information for the purpose of this research are: complete serial Governor General reports and Reports of the caretaker insular government, the Philippine Commission (1900-1935), Censuses of 1903, 1918, statistical bulletins, civil and criminal codes and codes of criminal procedure, an array of eye-witness reports from 1899-1935 on general, military, and penal conditions on the Islands. Particular attention will be given to statistical sources for an analysis of the use of statistics in the service of impression management and information control.

An Invitation to ‘Brainstorm’

Apart from general critical inputs, I will particularly appreciate suggestions on the following points:

1. Methodological departures for capturing impressions?2. Related typology of materials deployed by above departures3. Critical theoretical arguments against or reformative of symbolic

interactionist models (eg Goffman)

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