CHAPTER I

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THE revolutionary era in Cuban history had its rise amid circumstances of both political and commercial dissatisfaction and protest, and it is by no means impossible nor even improbable that the latter form of discontent was the more potent of the two. The commercial and industrial development of the island, despite its almost incredibly opulent resources, had been very slow, because handicapped by selfish and sordid misgovernment. The typical attitude of the Peninsular government and its agents in Cuba had been to use and to exploit the island for the sole benefit of Spain, and not to permit other nations to enter in competition. Other countries, in fact, so great was the secrecy maintained with regard to Cuba, knew but little of the vast wealth contained in this small space of land. Consequently the island was developed in accordance with the wishes, needs, and potentialities of Spain and with one other point of view. Cuba was never exploited by Spain for all its worth, and indeed there seems to be doubt as to whether Spain ever grasped in full the future possibilities of the island. Certain it is that she never actually realized them. And the loss was in consequence as great to Spain as it was to Cuba. For had Spain allowed herself to lose sight of the richness of present extortions and aided Cuba to develop her resources for the future, the whole story would have been far different. But the people of the United States were beginning to recognize Cuba's possibilities. American merchants began to flock thither. American money and American resourcefulness opened new doors for Cuba's rich products. American trade and enterprise contributed a great deal which made for Cuban expansion and industrial development. In proof of this there is the fact that the island towns on the north side, which is nearest the United States, increased both in population and commercially, in striking contrast to the slow growth of the towns on the south side of the island. In 1850 these latter towns, with Santiago de Cuba as the chief city, did not maintain more than twenty-five per cent. of the trade of the island.

In further proof of America's hand in the development of Cuba, we may cite the following tables, in every one of which it is easy to see that Cuba's trade was largely with the United States. Taking the records of Cuban trade in 1828 as typical of the commerce of the early part of the century, we get the following contrasts with the figures of the years immediately preceding 1850:

Cuban imports in 1828, $19,534,922; exports, $13,414,362; revenue, $9,086,406.

Cuban imports in 1847, $32,389,117; exports, $27,998,770; revenues, $12,808,713.

Cuban imports in 1848, $20,346,516; exports, $20,461,934; revenue, $11,635,052.

These statistics of the imports and exports of Cuba are divided according to the chief countries concerned:

1847 Imports Exports
United States $10,892,335 $8,880,040
Spain 7,088,750 6,780,058
England 6,389,936 7,240,880
France 1,349,683 1,940,535
1848
United States $6,933,538 $8,285,928
Spain 7,088,750 3,927,007
England 4,974,545 1,184,201

Entries and clearings of vessels from Cuba were as follows:

1847 1848
Entries Clearances Entries Clearances
United States 2,012 1722 1733 1611
Spain 819 751 875 747
England 563 489 670 348
France 99 81 85 63

Copper was at this time greatly exported from Cuba. Since its discovery in 1530 comparatively little had been done until three centuries later. In 1830 an English company commenced operating the copper mines and from that time to 1870 had extracted this ore to the value of $50,000,000.

Sugar had long been the greatest source of Cuban wealth. It was always the sugar planter who had social as well as financial prestige on the island. Up to the middle of the nineteenth century even the poorest and smallest of sugar plantations had yielded a profit of $100,000 a year while the larger and more prosperous ones had cleared even as high as $200,000 annually. And all this had been accomplished with a minimum of effort. Vast areas of Cuba at this period were given over to these plantations. Some estates devoted themselves exclusively to raising the cane, while others ran mills which ground the cane and prepared the product for sale as sugar. Particularly with the soil as it was then, unravished by revolution, with its original fertility unimpaired, it was rarely necessary to replant the sugar cane. The old sprouts came up year after year, yielding at least two crops a year without any necessity for disturbing or enriching the soil. In 1800 Cuba exported 41,000 tons of sugar; and in 1850 no less than 223,000 tons.

From 1836 Cuba had no representation in the Cortes. Although Spain had promised Cuba "special laws," these were not enacted, and such laws as were put on the books were inimical to Cuban interests. Without representation, Cubans were also denied free speech. To speak one's mind against Spain meant to be thrown into a dungeon. If two or more persons signed a petition to secure some slight betterment in conditions, it was termed treason, and they were promptly apprehended. Business was under control of the Captain-General. It had to pay him large sums to be allowed to live, and it was compelled to conduct its affairs in accordance with his ideas. The "Junta de Fomento" established by Arango was no longer a factor in the improvement of Cuban affairs, but was packed with creatures of the Captain-General, with favorites of the court, and was used as a means of obtaining information and extorting money from Cubans who were suspected of disloyalty to Spain. The public offices were used to support additional taxation, and to strengthen the despotic rule of the Captain-General.

Under the decree of 1825 the Captains-General had taken unto themselves the most autocratic power. Creoles were not allowed to serve in the army, or in the treasury, customs or judicial departments. From these last three they were excluded because such positions were lucrative, and were desired by court favorites. The Captains-General financed and fostered all kinds of nefarious schemes for extracting wealth from the Cubans to pour it into their own pockets. The poor people were obliged to police the rural districts, and to give up their own occupations to work on the roads making repairs. The control of education in Cuba was given—it hardly seems credible—into the hands of the military functionaries to administer. The Spanish military authorities had a well-organized system of blackmailing well to do citizens by threatening to denounce them for sedition unless they paid hush money, which was put at as large a sum as possible. Of course it did not matter whether the victim was guilty or innocent. If the latter he would have no opportunity of clearing himself. The only thing which the robbers took into consideration was how much he could pay. Money was the open sesame for prison doors, and the barrier which prevented their closing on the unfortunate Cuban.

Yet one would think he would have little left for bribery when he had paid his taxes, for the subject of taxation was after all the most grievous one, and was a direct cause of the various filibustering expeditions which attempted to gain freedom for Cuba, and finally led to the war of independence.

The revenues from all sources, including export and import duties, license fees, and the government lottery, for the year 1851 were $12,248,712.06, which amounted to a tax of $20 for each free citizen. The excess duties had a very deleterious effect on the commerce of Cuba. The duty on goods shipped direct from Spain to Cuba was so much less than the duty on goods shipped from other countries that it became the custom to ship materials from the United States to Spain and from Spain back to Cuba, since this cost less than a direct shipment. The direct shipments of flour from the United States to Cuba decreased from 113,245 barrels in 1826 to 100 barrels in 1852, while the imports of flour from Spain, who could hardly produce enough for her own needs, increased from 31,749 barrels to 257,451 barrels in the same time. Of course, this was the golden opportunity for the smuggler, who could slip across from Florida and run his boat into one of the hundreds of little coves with which the coast of Cuba is lined.

Cubans might have more cheerfully rendered their tribute in taxes, but unfortunately the huge sums were not expended for the good of their country. An extravagant government had to be supported. In 1850 the cost of maintaining the army and all expenses in connection with it were over $5,000,000 and the navy cost more than $2,000,000, while the Spanish legation in the United States was maintained from Cuban coffers. Writing of such a state of affairs, JosÉ Antonio Saco said in 1835:

"Enormous is the load of taxation which weighs upon us—perhaps there is no people in the world which in proportion to its resources and population pays as much as the island of Cuba, nor a country, perhaps, where less care is taken to use on its own soil some part of its great sacrifices."

In 1851 the duty on sugar was raised from 50 cents a box to 87½ cents. Flour and hogs were more heavily taxed than any other imports. Hogs carried a duty of six dollars each, while the tax on flour was so enormous as to prevent its use by any but the very wealthiest inhabitants. Foreign flour was discriminated against in favor of Spanish flour; on the former the duty was $10 a barrel while on the latter it was increased from $2.50 to $6 a barrel. The records show there importations of flour to Cuba:

1847 1848
From Spain 175,870 bbls. 212,944 bbls.
From America 59,373 bbls. 18,175 bbls.
Total 235,243 bbls. 231,119 bbls.

Spain was favored in other ways in these taxes. Spanish vessels were taxed only one-seventh of one per cent. on imports, while foreign vessels were taxed 1.1 per cent, on the same goods. Nor were these taxes the only ones which the people had to undergo. One of the most pernicious of all taxes was the 1/10 of all farm produce which was given to the church. The result of this tax was indirectly bad as well as unjust, for it fostered a kind of priest in Cuba who could do little for the moral and spiritual welfare of the people.

The following table shows the revenue of the island in 1849-51:

Import
Duties
Export
Duties
Other
Revenues
Total
1849 $5,844,783 $584,477 $4,782,226 $11,211,526
1850 5,639,225 757,071 3,655,149 10,051,443
1851 6,364,825 1,793,992 4,821,195 12,180,012

The currency of Cuba was gold and silver; and in 1842 she had a total amount in her treasury of $12,000,000 in coin.

An official statement compiled in 1844 lists a few of the taxes, and gives some interesting figures as to the amounts collected. The Cubans were taxed six per cent. of the selling price, on all sales of real estate, or slaves, and on sales at auction and in shop. They were also taxed on Papal Bulls, and there were brokers' taxes, cattle taxes, shopkeepers' taxes, tax on mortgages, tax on donations, tax on cockfighting, taxes on grants of crosses, insignia or use of uniforms; taxes on promissory notes or bills of exchange, taxes on municipal taxes, taxes on the death of all non-insolvent persons, taxes on investments in favor of the clergy; the church did not escape, for there were taxes on the property of the Jesuits. There were also taxes on sales of public lands, taxes on the establishments of auctioneers, and taxes on everything sold, water canal taxes, and customhouse duties on imports and exports and the tonnage of vessels. Cubans were not only taxed on the sale of lands, but of course on the land itself, and there were state and municipal taxes, and they were taxed on their cattle and all animals whether they kept them or sold them. Passports were taxed, and as Cuba had a large transient population this tax brought in a goodly sum. Public offices were privately sold to the highest bidder. There were taxes on the sale of archives to notaries for the recording of deeds. Small fines were being constantly imposed by grafting officials, and the Captain-General's tribunal exacted a special fee, which brought in large sums. Fees were demanded for marriages, both by the church and the state. There was an inheritance tax; there were tolls imposed on bridges; and large amounts were extorted for the nomination to office of captains of districts, city ward commissaries, and watchmen; gambling was licensed; and there were the taxes on sugar, on pastures, on coffee and tobacco, and on minerals exported. The tax on all crops, except sugar, when gathered was ten per cent. There was a tax of $1.25 on every hundred weight of salt. Government documents were required to be written on special paper, furnished by the government at a high price.

Worse than all this were the restrictions placed on personal liberty. No private individual of a hospitable nature was allowed to give an entertainment to his friends, even a small evening gathering, without obtaining a license, for which he paid. If he neglected to do this he was fined, and sometimes the license was declared invalid on some pretext and he was fined anyway.

No Cuban could move from place to place, or go on even a short journey, without obtaining a license. If a man wanted to make an evening call on a friend, he could not do so unless he carried a lantern, and obtained from each watchman whom he passed permission to proceed. If he failed to comply, he was arrested and fined $8. He could not entertain a guest in his house over night, not even a neighbor, without informing the authorities, under penalty of a heavy fine. The household goods of a Cuban could not be moved from one house to another in the same town without the consent of the authorities, and the penalty for failure in this case was a fine.

The cost of a passport, which was necessary before a foreigner could enter any port in Cuba, and the proceeds of which went into the treasury, was $2. The traveller was also obliged to give security for good conduct, and his baggage was thoroughly searched. Particular care was taken to see that he did not have any incendiary literature, and if he had a Bible, which must have been considered a dangerous book, and which, at any rate, came under the ban of both the church and the government, it was promptly separated from his other effects and seized. Unless he desired to remain in the seaport where he entered, he was required to pay twenty-five cents more for a passport permitting him to visit the interior. It seems to have been difficult enough to get into Cuba, but like the proverbial church fair, it was even more expensive to get out, for the privilege cost $7.50.

Some authorities estimate that the taxes of Cuba averaged in 1850 $38 a head, while in the United States, a republic and the nearest neighbor, they amounted to only about $2. But then the people of the United States were free, and were not paying tribute for the privilege of being governed by royalty. The greater part of these taxes were exacted from the Creoles, for the Spaniards made up only about 35,000 of the population and there were estimated to be 520,000 Creoles at this period.

A large number of families came to Cuba from the Spanish colonies of South America and Mexico, which had gained their independence from Spain, and from Florida and Louisiana when they came into the possession of the United States. These families were, of course, all intensely loyal to Spain, and of the arrogant disposition which naturally prevailed among men of such tendencies as led them to prefer the autocracy of Spain to American democracy. In spite of this increase in their number, the native white or Creole population of Cuba outnumbered the Spanish by more than 10 to 1.

In 1850 among the Cubans themselves there were 50 marquises and 30 counts. These men were in the main wealthy planters who had bought their titles from Spain for sums varying between twenty and fifty thousand dollars. The fundamental reason for this expenditure on their part was not wholly for social prestige but rather to enjoy the greater personal freedom accorded to nobles. These latter could never be tried by ordinary courts but only by tribunals, and they could not be arrested for debt.

Those Cubans who were hoping for better days for Cuba were eager that their children should have opportunities not accorded them. They desired to send them to the United States for education, in the hope perhaps that they might imbibe some of the principles of liberty. But this did not find favor with the Spanish authorities, and it was only by swearing that the children were ill, that the climate did not agree with them, and that they were being sent away for their health, that passports could be obtained to get them out of the country.

Many Cubans were persecuted by officials, high and low, falsely accused, condemned without a hearing; shut up in fortresses without adequate food, without the ordinary comforts of life, in solitary confinement, often in dungeons; and frequently their own people were denied knowledge of their whereabouts. They simply dropped out of sight and were gone. No man knew when he opened his eyes in the morning whether that day might be his last as a free human being—free so far as he might be with the thousand and one restrictions imposed upon him. He was not sure that some enemy, unwittingly made, might not inform upon him for some imaginary action of disloyalty, or that he might not be falsely denounced by hired spies. It was then no wonder that those who loved their country, who had self-respect and affection for their families, longed for freedom from Spain, and lived in the hope of emancipation from what was virtual slavery.

Under the Spanish rule the chief officer of government in Cuba was the Captain-General, who after the promulgation of the decree of May 25, 1825, had absolute authority. Even prior to that time, because of the long distance between Cuba and the mother country, the time consumed for information and instructions to travel back and forth, and the fact that Spain was more or less concerned with her own none too quiet domestic affairs, the Captain-General was very powerful.

There was another office under the crown which was much sought after, that of Intendant. He controlled the financial affairs of the island, and received his orders not from the Captain-General but direct from the crown. In his own realm his power was equal to that of the Captain-General, but he had no authority outside his own particular domain. The title of Intendant was changed to Superintendent, in 1812, at which time the financial business of Cuba had become so important that it was impossible for it to be handled from one place, and subordinate officers were placed in command at Santiago and Puerto Principe, subject of course to the direction of the Superintendent.

It is needless to say that the arrogant Spanish Captains-General did not relish having anyone on the island who equalled them in rank, and after much controversy at home and abroad the Captain-General in 1844 was declared to be the superior officer, and later on, in 1853, the two offices were united, under the title of Captain-General. The Superintendent was head or chief of a "Tribunal de Cuentas" which had judicial control over the treasury and its officers, was auditor in chief of all accounts, and voted on all expenditures. Its rulings were reviewed only by the Minister of Finance in Madrid, to whose direction it was subject.

The Captain-General was the presiding officer of the City Council which had charge of the civic administration of Havana, but he had only one vote, exactly as had every other member, and officially he had no power except to carry out the resolutions of the juntas. Unofficially, he controlled the city affairs absolutely. If occasion demanded he could act as the presiding officer of any city council. This power was exercised whenever he felt that the councils were growing too liberal in their ideas and actions, and enabled him to exercise a despotic power and coerce public opinion.

Cuban leaders had no conception of the democratic form of government which in the United States gave separate powers to the national, state or province and city administrations. The national government was closely linked with the provincial and with the city, and the functions were so intertwined that it was hard to say where one left off and the other began. The Captain-General always encouraged this close amalgamation of governmental functions because it enabled him to keep in close touch with all the branches of the government and to discover and put down any movements which would tend to diminish the power of the supreme officer. The Captain-General's power was civic, provincial, national and indeed international. This enabled him very easily to line his coffers, for he spent a great deal of time in signing papers of no especial significance, except that to obtain his signature it was necessary that he be paid a big fee. It was said that any Captain-General who remained four years in Cuba, and did not take away from the island with him when he departed at least a million dollars, was a poor manager.

The Captain-General had all prisons under his control; and the fate of all prisoners, either those imprisoned for petty or state offenses, lay in his hands. This did not mean that he personally supervised the prisons, but that his creatures and officers were subject to his orders, and the offices were within his gift. Thus he was able to extort fees for various functions, as well as to demand largess for leniency extended to state prisoners. Under Tacon's administration this power was exercised to such an extent that it became a public scandal.

The postal service also fell under the supervision of the Captain-General, and there were many ways in which he could make this office line his pockets. He acted as a police magistrate in the city of Havana, another fruitful source of revenue, particularly as the office was connected with that of president of the city council.

Cuba was divided into three districts, the western, central and eastern. Havana was the capital of the western district, Santiago de Cuba of the eastern and Puerto Principe of the central district. Each district had its governor who was directly under the Captain-General, and under the governor, in charge of the affairs of the larger towns and their out-lying districts, was a lieutenant-governor, who was president of the local council and had control of military affairs for his district. Under the lieutenant-governors were captains, who were located in regions which were not very thickly settled, and who had absolute military power—subject of course to commands emanating higher up—over the affairs, lives and property of the people under their jurisdiction. Each of these officers received his appointment from the Spanish crown, but he was obliged to receive his nomination from the Captain-General, so that these offices too were a source of revenue to that gentleman, and his nominees, when appointed, were subject to his control. The functions of the governors and lieutenant-governors were supposed to be primarily military, and they received the salary which would naturally attach to their rank, but since they also presided in civil and criminal cases in their jurisdictions, as did the Captain-General in Havana, the fees from these proceedings made very fat picking. Now the captains had no salary at all, and the style in which they were able to live depended on the number of fines they were able to impose, and therefore it is not difficult to imagine that they were not easy on any Cubans who came under suspicion of any offense. They received one-third of all fines imposed by them.

Each city in Cuba had its Ayuntamiento or council. In Puerto Principe there seem to have been elections for membership to this body, but in most cases seats were bought at enormous prices, and the receipts from such sale went into the Spanish treasury, although the Captain-General received his perquisite for allowing the transfer to be made. He also seems to have had some power of appointment, which was seldom made without pecuniary consideration, and there were some cases where members had hereditary rights to their seats. Not every town had its Ayuntamiento, but in most of the older towns they existed. The Ayuntamiento elected its own mayor from among its members, but they were all subject to the control of the Governor or Lieutenant Governor, who was in line of course subject to the Captain-General.

THE OLD PRESIDENTIAL PALACE
THE OLD PRESIDENTIAL PALACE

The official residence of a long line of Spanish Governors and Captains-General is a large and handsome building of stone, tinted white and yellow, facing the Plaza de Armas from the east, and standing on the site of the original parish church of Havana. Within its walls occurred the memorable scene of the final abdication of Spanish sovereignty in Cuba. It has now been replaced by the new Presidential Palace.

Early in the reign of the Spaniards in Cuba, courts called Audiencias with both judicial and administrative functions had been established. They were not at all pleasing to the more arbitrary of the Captains-General for while they were subordinate to him, and their only restriction on his power was in a kind of advisory capacity, yet they often reflected public opinion, and too, if their conclusions differed from that of the Captain-General, they were a moral curb upon his actions which he resented. The most ancient and honorable of these Audiencias was the one at Puerto Principe. It was the oldest in the island, and it strove to uphold its dignity by conducting its proceedings in the most formal and impressive manner, by adhering to the most ancient customs. It was greatly reverenced by the people of the district, and the Captain-General felt that somehow it detracted from his glory, and from the respect which he felt should be accorded the commands of his inferior officers. Various Captains-General strove to abolish this court, and to turn its revenues into their own pockets.

The judicial functions in criminal and civil suits were divided among many bodies, and there must have been great confusion, overlapping of authority, and consequent wrangling. Judicial powers were accorded to the Alcaldes Mayors, to the Captains, Lieutenant Governors, Governors, Captains-General, Audiencias, in some cases to juntas, and even to naval officers. Judges could condemn, but they could not themselves be condemned. There was no way of curbing a wrongful exercise of their power, and even when their offenses were heinous they could not be disciplined through any democratic measures. Civil prisoners were often taken from the jurisdiction of the civil courts and tried by military tribunals. In the last resort, the Captain-General could always interfere, when he chose.

The courts in Cuba at the middle of the nineteenth century were notoriously corrupt, and while the people feared them, in their gatherings in their homes they did not hesitate to condemn them. Justice was almost a dead letter. When a well known offender against the laws had influence with the Captain-General, or with some subordinate official, the prosecuting attorneys would refuse to try him. The very source of the pay of the captains made it impossible for them to make a living without corruption, and an honest one would have been hard to find, while the governors and lieutenant-governors were of opinion that the only way to keep the people in subjection was to oppress and terrify them, and the only way for governors and lieutenant-governors to return to Spain with the proper amount of spoil was to exact it from the unfortunate Cubans.

While the Captain-General was the supreme military authority, he was not the supreme commander of the naval forces, the latter being a separate office. This was due principally at least to the fact that all the naval forces of Spain in America were commanded from Havana, and all naval expeditions for the defense of Spain in South America were commanded and directed from that port. Therefore, it was necessary not only that the naval officer should be a person of importance and ability, but also that he should not be subordinate to the chief officer of any one of the Spanish colonies. When Spain lost her large possessions in America, and only Cuba remained to her, then the office of naval commander was greatly curtailed in scope, and it was a matter of much irritation to the Captain-General that there should be stationed in Cuba, or in Cuban waters, an official of equal rank with himself.

Over the army the Captain-General held undisputed sway. There were quartered in Cuba in 1825 three regular army battalions, a brigade of artillery and one cavalry regiment. This army was supposed to be augmented by the local militia. In 1850 there were in the regular army sixteen battalions, two picked companies of veterans, twelve squadrons of cavalry, two brigades of artillery, and two light batteries.

Cuba had reason to fear the success of an attack made from the southern coast of Florida, from Hayti or from Yucatan. The island lies in the midst of the gulf waters, long and narrow in outline, and with miles of sea coast all out of proportion to its area. It was almost impossible adequately to patrol the coast and it would have been easy for an enemy to make a landing, provided the leader of an expedition was familiar with the coasts. Means of communication were slow in those days, and particularly slow in Cuba because of her geographical formation. If the attackers once entrenched themselves in the mountains, they were in a position to carry on an interminable guerrilla warfare. For these reasons, Spain would have felt that Cuba should be heavily garrisoned, even were it not also for the fact that the Cubans were growing so restless and crying so vociferously for liberty that Spain had reason to fear dangers both from within and without.

People did not lightly express their opinions publicly in Cuba, particularly if those opinions were unfavorable to the government. Expressions unfavorable to the government were never allowed to leak into print, for except for a short period in 1812, and another from 1820 to 1823, the press was securely censored. The Captains-General who reigned during the nineteenth century were particularly careful that this censorship should be rigid and unbending. An American editor, Mr. Thrasher, was more daring than the native Cubans and his paper, El Faro Industrial, frequently contained matter which provoked the displeasure of the Captain-General. He had powerful connections and he was therefore unmolested until it was deemed that his comment on the death of General Ena, during the Lopez uprising, was too offensive, and the paper was suppressed. The Spanish interests conducted the largest newspaper in Havana, El Diario de la Marina, which had a list of 6,000 subscribers. Although this paper was avowedly Spanish in its sympathies and was conducted with Spanish money, it too was carefully watched by the censor. One day, it unguardedly, or through a misjudgment, accepted for publication an article implying that the interests of Cuba and the interests of Spain were not one and identical, and the entire edition was promptly suppressed by the censor.

Not only was the local press carefully muzzled, but a watch was kept lest anything creep in from the United States, or from any other source, which might put notions in the heads of the Cubans that would divert their allegiance from Spain. The work of the censor was not an acceptable one for the United States, and the American residents in Cuba did not take pleasantly to the suppression of the American papers, and friction on this score was constant.

A paper called La Verdad, published in New York by Cuban sympathizers, came under the especial displeasure of the Captain-General and of the Spanish government in Madrid. Regarding it, the Spanish Secretary of Foreign Affairs wrote as follows to Calderon de la Barca, the Spanish minister at Washington, on January 2, 1848:

"Your excellency knows that the paper called La Verdad, published in New York, is printed with the specific object of awakening among the inhabitants of Cuba and Porto Rico the sentiment of rebellion, and to propagate the idea of annexation to the United States. The Captain-General of the island, in fulfilment of his duty, prohibited the entrance and circulation of this newspaper in the island, and tried to investigate the ramifications in the island of this conspiracy against the rights of Spain, and against the peace of the country. As a result of the efforts made with this object, it was discovered that although not numerous, there were in Havana some wicked Spaniards charged with the task of collecting money to sustain the subversive publication, and to distribute its copies to those who should care to read them."

The Spanish government in Cuba did not look with favor upon foreigners. It thought that other countries, especially those adjacent to Cuba, were too tainted with liberal notions to render their inhabitants safe associates for the already restless Cubans. It therefore preferred that persons wishing to visit Cuba either remain quietly at home, or become Spanish citizens, subject to Spanish rule, if they insisted on remaining on the island. On October 21, 1817, a Royal Order was issued dividing foreigners into three classes. First, transients, composed of those who were merely enjoying the unwilling hospitality of Spain in Cuba. A person could be regarded as a transient for a period of only five years. After that he must either declare his intention of remaining in Cuba permanently or depart. Second, domiciled foreigners, who must declare their intention of remaining permanently in Cuba, must embrace the church by becoming Roman Catholics, must forswear allegiance to their native country in favor of allegiance to Spain, and must agree to be subject to Spanish law exactly as native Cubans and Spaniards were subject to it. Third, citizens by naturalization, who were regarded as Spanish citizens in every sense of the word, and could be sure of the same unjust treatment which Spain accorded all subjects in her possessions.

Now this subject of foreigners in Cuba was a complex one, because, beside the tendency among Americans to settle on the island, now that its rich resources were becoming recognized, there were, in the middle of the nineteenth century, many Americans rushing to California to seek their fortunes in the gold fields. The favorite route was via Havana and Panama, and they naturally left their mark on the thought of the people with whom they came in contact. Beside this each year during the sugar harvest skilled mechanics came to work on the plantations. This did not meet with the approval of those in command of the finances of the island, because each of these visitors carried home with him every year from $1,000 to $1,500 on which he had paid no taxes. Such conduct was reprehensible, and it was entirely foreign to the policy or intent of any Captain-General that anyone should get away with any money without being either taxed or fined for it. Besides, these adventurers, as they were contemptuously termed, were regular mouthpieces of treason, and were said to talk of nothing else but freedom from Spain by annexation. Naturally their coming was unpleasant to the high powers in Cuba. Now under the treaty of 1795, between Spain and the United States, provision was made that "in all cases of seizure, detention or arrest, for debts contracted, or offenses committed by any citizen or subject of the one party, within the jurisdiction of the other, the same shall be made and prosecuted by order of the law only, and according to the regular course of proceedings in such cases. The citizens and subjects of both parties shall be allowed to employ such advocates, solicitors, notaries, agents and factors as they may judge proper in all their affairs and in all their trials at law in which they may be concerned before the tribunals of the other party, and such agents shall have free access to be present at the proceedings in such cases and at the taking of all examinations and evidence which may be exhibited in the said trials."

Americans charged with offenses against the Spanish government should have had the benefits of the rights given them under this treaty, but the government took refuge behind the fact that the Captain-General had no diplomatic functions, and Americans were frequently thrust into prison and allowed to remain there subject to much discomfort and to financial loss until Washington and Madrid got the facts, and took the time to arrange the matter. The Spanish Secretary for Foreign Affairs wrote to Calderon de la Barca, on this matter, as follows:

"Your Excellency knows that the government of Her Majesty has always maintained the position with all foreign powers that its colonies are outside of all the promises and obligations undertaken by Spain in international agreements. With regard to Cuba, the discussions with England to this effect are well known, in which the Spanish Government has declared that the treaties which form the positive law of Spain had been adjusted in times when the Spanish colonies were closed to all foreign trade and commerce, and that when in 1824, these colonies were opened to commerce of all other nations, they were not placed on equal footing with the home country, but were kept in the exceptional position of colonies. Of this exceptional position of that part of the Spanish dominions, no one has more proof than the foreign consuls, since it is evident to them that the Spanish government has only endured their presence on the condition that they should not exercise other functions than those of mere commercial agents. Thus in 1845 the English government accepted formally the agreement that its consul should not demand the fulfillment of treaties, not even of those which refer to the slave trade."

The natural inference to be drawn from this was that Spain considered that foreigners who desired to live in Cuba must do so at their own peril, and that the Captain-General was above the trammeling bonds of international agreements in his dealing with interlopers who came to the island. But it must be borne in mind that the government of Cuba was administered not for the development of the island or the best good of its inhabitants, but according to the short sighted and stupid policies which seemed to Spain best calculated to prevent Cuba from slipping from her grasp as had her other colonies. Therefore, the main solicitude of each of the Captains-General was the subduing of the inhabitants by force, if necessary, the defense of the island from an enemy who might come by sea, and the lining of his own pockets while opportunity offered.

                                                                                                                                                                                                                                                                                                           

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