Up until 1844, the "La Coda Penal," "La Coda Civilde Los Philippinos" and any modifications that the governor ordered, (having the effect of statute law), dictated the procedure of the courts.
The Judge of the Court of the First Instance, presiding over the court of Agana, was the highest judicial authority on Guam. Capital sentences could appeal for review to the courts of Cassation in Manila. The only court appeal superior to the Audencia of Manila was the Tribunal Supreme of Madrid. Few cases, if any, were appealed to either Manila or Madrid because:
Dubonzet wrote, not because of the scarcity of communication with the Philippines -- there was little recourse to that "tardy justice" and the inhabitants of the Marianas were, besides, so peaceful and law abiding that there was little necessity."
In 1844, by Royal decree, reforms were effected in Guam's administration of justice. The proclamation insisted that Audencia of Manila be administered by men with legal training. The Governor no longer functioned as Chief Justice since the judicial position was given to a "Lt. Governor" who had legal training and experience. The administration of justice was a cooperative function of several native ministers of justice. The Gobernadorcillos executed the Governor's orders. Each village also had a teniente de justicia, a police commissioner, who functioned like a justice of the peace. Two expert judges were assigned the responsibility of ruling in legal matters pertaining to land and salaries. The position of scribe or recorder was filled by two native assistant judges. Control of delinquency problem was the responsibility of the algucial or constable who could compel obedience.
METHOD OF ELECTING
According to historian Cos, "The Judge of the Court of First Instance presided over that court, and was the highest judicial authority of the islands. Capital sentences required the review and approval of the court of appeals in Manila and Supreme Court in Spain before being executed. The commonwealth's attorney and registrar of land was usually appointed from among the natives."
The Spanish authorities in the 1800's allowed more and local involvement in terms of running Guam's affairs. This included Guam's court systems, wherein appointments to the bench and to the law enforcement were handled by the elections. Utilizing the electoral system, wherein one man represented a distinct area, the positions of judge, village commissioner and police commissioner were selected for the most part, by the people.
The system of election was described by Governor Corte. "The gobernadorcillos, tenientes and judges received their appointments for a two year term of office as follows. Before the term of those in office had expired, the governor called together a municipal electorate of thirteen, composed of incumbent of the offices of gobernadorcillos, six cabezas de barangays and six principals del pueblo.
The tribal chiefs of the barangays and pueblos were selected theoretically by lot from a group of all the functioning cabezas and principales who had held the office of cabeza, principale, or gobernadorcillos for more than twenty-five years. The municipal electorate of thirteen voted by ballot for minister of justice, each of whom in order to qualify for office, had to be present or past cabezas de barnagay.
GUAM BECOMES A PENAL COLONY
Towards the end of the Spanish era, Guam was utilized as a penal colony for many of the Filipino insurrectionists. In 1871, Governor Marosco became the reluctant host of nineteen Filipino prisoners, eight of them priest. They had lead an unsuccessful revolt against Spanish authorities in Cavite in the Philippines and were exiled to Guam. This was the beginning of what was to be hundreds of exiles who would come to Guam shores. Among them was Apolinario Mabini, the political theorist who fought for Philippine independence from American rule. Guam had no hand in the decision to retain the prisoners nor the length of stay. The penal colony was located in what is now the War in the Pacific park area, in Asan.
GOVERNOR'S ASSASSINS RECEIVE CAPITAL PUNISHMENT
No crime had as much impact on the island in the late 1800's as the assassination of Governor Angel de Pazos Vela-Hidalgo. Shot while taking his evening stroll in the Plaza de Espana, the Governor was assassinated by a 20 year old Chamorro sentry named Jose de Salas y Santos.
Salas turned himself in the next day and said it was part of a plot by 40 Chamorro guards to seize control of the island. The guards were relieved immediately and on January 6, 1885, forty-seven of them were transported aboard the San Quinten to stand trial in Manila. They returned April 7 with four of them sentenced to be executed, 31 to be imprisoned and 12 set free. The four were shot on a beach in Agana.
GUAM BECOMES U.S. POSSESSION
On June 20, 1898, Capt. Henry Glass sailed into Apra Harbor with orders to capture the port of Guam on behalf of the United States of America. On June 21, 1898, the last Spanish Governor, Juan Marina, surrendered to Capt. Glass and ended 333 years of Spanish colonialism. On August 12, 1898, an armistice was reached between Guam and Spain. On December 10 of the same year, the Treaty of Paris officially ended Spanish rule in the Marianas, ceding Guam to the United States as a territorial possession.
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