Political parties.—Elections.—Relation between politics and revolutions.—Conduct of revolutions.—Casualties.—Number of revolutions.—Effect of revolutions.

The characteristic features of Dominican politics are the violence of political antagonism and the absence of differences of principle between the political parties. None of the three parties existing to-day has a platform, and the distinction between them is entirely a matter of the personality of the leaders. Each party alleges that it has the best people and the purest motives and views with alarm the government of the country by any other party. In practice therefore, politics follows the rule only too common in the Spanish-American countries, of resolving itself into a personal struggle between the "ins" and the "outs."

In the early days of the Republic different policies were occasionally seriously considered. It was then held by some that independence should be preserved at any cost while others contended that in view of the constant, civil wars the country should seek peace and progress under the protection of some foreign power. Although the annexationists were at first called conservatives and their opponents liberals, these divergent views were not the exclusive property of any designated group of men, but the annexation idea was generally espoused by the party that happened to be in power, which thus hoped both to save the country and perpetuate its own rule, while independence was invariably supported by the opposition, which bristled with patriotic indignation and the fear that it might be permanently excluded from the banquet-table. Thus Santana obtained a return to Spanish rule in 1861 and Cabral a few years later agitated the question of American annexation and their action was denounced by Baez; yet shortly after Baez almost succeeded in securing annexation to the United States and was stigmatized as a traitor by Cabral.

Another issue which existed for a few years after the separation from Haiti in 1844 was the division between clericals on the one hand and liberals on the other, a party division that has created havoc in other parts of Spanish America. The very indefinite claims on each side and the practical unanimity of the country in its attitude towards the church caused this issue to disappear.

The real parties that kept see-sawing in and out of power from the early days of the Republic down to the time of Heureaux were those founded by General Pedro Santana and General Buenaventura Baez. Intimate friends in the struggles with Haiti which followed Santo Domingo's declaration of independence, their ambitious and domineering natures soon clashed, and each collected a group of friends and incessantly conspired against the other. The partisans of Baez, or Baecistas, adopted red for the color of the cockades and ribbons which distinguished them in the civil wars, and came to be known as the "Reds," while the followers of Santana, or Santanistas, adopted blue and were known as the "Blues."

On the death of Santana in 1863, Luperon and Cabral became the leaders of the Blue party, and for several years after the expulsion of the Spaniards in 1865 the Reds and Blues took turns in setting up governments and having them overthrown. In 1873 General Ignacio Maria Gonzalez, a former adherent of Baez, assembled a following from both factions and formed a Green party with which he ousted the Reds who were then in power. In the next six years the Reds and Greens alternated in control, but in 1879 the Greens were driven out and definitely scattered by the Blues, who thereby gained a foothold which they did not lose for years. The death of Baez in 1884 threw the Reds into confusion and their constant persecution by the "blue" President Ulises Heureaux effectually crushed them. Ulises Heureaux with Blues, Reds and Greens built up his own party of "Lilicistas" which remained in power until his death in 1899. In the later years of Heureaux's rule the distinguishing color used by his troops was white.

On the death of Heureaux, Juan Isidro Jimenez, as president, and Horacio Vasquez, as vice-president, came into power. The rivalry between Jimenez and Vasquez caused a division between their respective followers, who called themselves Jimenistas and Horacistas, thus forming the principal parties which continue to the present time. The old Reds and Blues had disappeared and their survivors aligned themselves with Jimenez and Vasquez indiscriminately; members of the Baez family joined old Blues to follow Jimenez, while other old Reds and Blues as well as the Lilicistas seemed to prefer Vasquez. In 1901 an attempt was made to form a party known as the Republican Party, which it was intended to endow with a platform, but being composed largely of Jimenez' friends, it was viewed with suspicion and fell with him.

In 1902 the Horacistas revolted and obtained the government, only to be overthrown in 1903 by followers of Jimenez. The new administration proving odious to both parties they combined to drive it out in the fall of 1903. The Horacistas gained the upper hand in the succeeding government and remained in power until 1912, though a serious division developed in the party, to the extent that the nominal leader, Horacio Vasquez, himself joined in conspiracies and uprisings against the administration. His efforts, combined with those of the Jimenistas, led to the choice of Archbishop Nouel as compromise candidate for president in 1912. Monsignor Nouel unsuccessfully attempted to govern with both parties and on his resignation in 1913 another Horacista became president. Again there was opposition from Horacistas as well as Jimenistas and in 1914 a Jimenista became provisional president.

At about this time a small third party appeared, led by Federico Velazquez, a former Horacista. His followers are known as Velazquistas, though the party has adopted the official name of Progresista. In the elections of 1914 he joined forces with Jimenez, who thus secured the presidency. The government, or what remains of it under the present military occupation, is still constituted largely by followers of Jimenez and Velazquez.

Though both Jimenistas and Horacistas claim to have the larger following in the country in general, it is probable that they are about equally matched, the Velazquistas holding the balance of power.

The Jimenistas are often vulgarly called "bolos" or bob-tailed cocks, and the Horacistas "rabudos" or "coludos," meaning bushy-tailed or long-tailed cocks. In the fighting on the Monte Cristi plains the Jimenistas would often attack, but retire as soon as their opponents showed fight, and as such tactics reminded the Dominicans of the habits of bob-tailed fighting cocks, the nicknames were imposed.

The men who attain prominence in politics range all the way from rude ignorant military chiefs to polished members of the aristocracy. In looking over the annals of Dominican history the same family names constantly recur and it may be affirmed that the government of the country has during the time of independence been in the hands of some twenty families, the members of which have swayed its councils and led its revolutions. They have tasted the sweets of power but also the bitterness of defeat, alternately occupying high positions in the government and pining in prison or exile. Almost all the chiefs of state since 1899 would have done honor to any country, but all have been obliged by the exigencies of politics to give places in their entourage to men of low standing, whose deeds or misdeeds when in power and whose unbridled ambition, have been a factor in the civil wars. At the present moment perhaps the most prominent political figure is Federico Velazquez, a man of unusual force of character, who as minister of finance under Caceres, enforced the settlement of the Dominican debt and gave what was probably the most honest administration of public revenues in the Republic's history. He is one of the few men having the moral courage openly to advocate American cooperation in the government of the country. He is about forty-seven years old, was born in Tamboril, near Santiago, and advanced through the stages of schoolmaster, shopkeeper, secretary to Vasquez and Caceres, and cabinet minister, to the position of a political leader.

The ill-feeling akin to hatred between many members of the political parties is incredible to one not accustomed to Latin-American politics. They will have nothing in common, neither will acknowledge the existence of any good in the other, they endeavor to keep apart in the clubs, they do not care to buy in each other's stores. Even the women enter into this bitterness and engagements have been broken because the bridegroom was discovered to favor one party while the bride or her family sympathized with the other.

The parties are not unalterably composed of the same individuals. On the contrary a great number of the leaders and of the rank and file are continually drifting from one party to another, evincing particular anxiety to "get on the band-wagon." These changelings, while they belong to any one party, affect to be its most ardent supporters in order to avert any suspicion of insincerity. Much of the disorder which has sapped the life-blood of the Republic has been due to disappointed office-seekers who suddenly veered about and joined the opposing party.

Not only to personal ambitions and corruption of the persons in power, but also to the perfunctory mode in which elections have been conducted the many revolutions are to be ascribed. The municipal councils in the communes and the justices of the peace and two residents in the cantons form the election board before which the voters of the respective commune or canton are supposed to appear to deposit their votes. It is evident that if anything more than a small proportion of the qualified voters appeared, such election boards would be swamped, yet no difficulty has ever been registered. The election of the presidential candidate supported by the government was generally so certain that all other aspirants realized the futility of launching their candidacy, and their followers either voted for the official candidate or refrained from voting. In this connection I am reminded of the convincing political speeches attributed to one of the foremost men of La Vega during the farcical campaigns preceding the elections of Heureaux. He is quoted as saying: "My friends, this Republic is founded on the free and unrestricted suffrage of its citizens. It is the proud boast of the Dominican that under the constitution he may vote as he pleases. You are therefore free to cast your vote for whomsoever you prefer. I would not be your friend, however, if I did not advise you that whoever does not vote for Heureaux might as well leave the country." In elections for municipal councilmen and members of Congress there was occasionally an exception to the rule of having a cut and dried program and contests sometimes arose for a seat.

The real campaigns and expressions of the people's will have therefore been the revolutions, and politics and revolutions have thus come to be regarded as going hand in hand. In a town of the Cibao an expression of the garrulous landlady of the inn attracted my attention. The old lady, after regaling me with the local gossip, started with her own troubles. "Two revolutions ago," she said—and her mode of measuring time struck me as peculiar—"my eldest son took a gun and went into politics." "CojiÓ un fusil y se metiÓ en la politica"—"took a gun and went into politics," the phrase is sadly expressive.

Such campaigns were only too easily begun. When a new president entered upon office on the crest of a successful revolution, apparently with the whole country behind him and his adversaries silenced or scattered, his popularity generally lasted until the spoils were distributed. ("To the victors belong the spoils" was the policy of the past; the American military authorities are making an important innovation by the introduction of civil service principles for selecting public employees.) The disappointed spirits immediately entered into the plots which the vanquished opponents were not slow in fomenting. The leader of the adverse party or one of his trusted lieutenants raised the standard of revolt and issued manifestoes which echoed with patriotic sentiments and decried the faults of the administration. He was joined by a number of disgruntled "generals" and their followers. The telegraph wires were cut and the revolution had begun.

Before 1905 the seizure of a custom-house was invariably the next step, which would at the same time provide the insurgents with the sinews of war and make it impossible for the government to pay its employees in that province. The custom-houses were eliminated as pawns in the revolutionary game by the fiscal treaty with the United States, according to which the customs receipts were paid over to an American receiver-general. Revolutions for a short time became more difficult, but where there's a will there's a way, and under a new routine the necessary funds were derived from the government's internal revenues and from levies on private citizens.

The first two or three weeks of a revolt constituted its critical period, for the government at once poured troops into the district in order to suppress the insurrection, while the rebels sought to obtain as many strategical points as possible. Both sides lived on the country while roaming about in pursuit of each other. If the government was victorious the leaders of the revolt would usually scramble across the border into Haitian territory, or leave the country by boat, or otherwise make themselves inconspicuous until the time was ripe for another rebellion. When the government was unready or unsuccessful, the insurrection spread with great rapidity from town to town until it arrived before the walls of Santo Domingo City. There was more or less of a siege and when the president capitulated he was permitted to board a vessel and go into exile. The head of the new revolution then assumed charge of the government and had himself elected president and the game began all over again.

The personal property of the fallen adversaries was respected and there was no confiscation, such as has occasionally been witnessed in certain other Latin republics. When Baez was overthrown in 1858 there was an exception to the rule, his properties being seized by the Santana government on the ground that he was a traitor ready to deliver the country over to the Haitians and was guilty of other high crimes and misdemeanors. But when the wheel of fortune again brought Baez to the top he promptly reentered upon his lands.

During the uprisings there has rarely been wanton destruction of property, the property of foreigners being especially respected. The owner of a plantation near Macoris told me that on one occasion the general of an insurgent force even halted at his gates and sent him a polite request for permission to cross the property. Such consideration was not universal, however, and large sums have been paid to foreigners for damages inflicted during revolutions. A serious inconvenience was caused farmers by revolutions as many laborers were enrolled in one army or the other, either voluntarily or by impressment.

In the course of the insurrection there were numerous encounters between the rebels and the government troops, most of them being mere skirmishes. There is hardly a town where there are not houses which show the marks of bullets. The walls and gates of Santo Domingo City and the houses in the vicinity are full of such marks, though generally painted over now. In 1904 and 1905 one of the sights of the city was a beautiful villa opposite the Puerta del Conde, which had served as target for the government forces while occupied by the insurgents and was so peppered by shot and shell as to look like a sieve. The sieges of Santo Domingo City sometimes lasted for many months. At such times almost every citizen took part in the excitement, barricades were erected at every street opening and the rattle of musketry was heard at all hours.

The proportion of shots fired to casualties inflicted is known to be enormous in all wars and in Santo Domingo it is almost incredible. Battles have been fought lasting for hours with thousands of shots fired, yet with not one man lost. There have been revolutionary uprisings lasting for months with not a man wounded. In Puerto Plata it is said that when the government troops attacked the city in 1904 a fierce battle ensued which continued from morning till the town was taken by storm in the evening; yet only one man was killed and his death was due to his own carelessness, for he appeared not far from where soldiers of the other side were training a cannon and refused to obey their warning to get out of the way, whereupon the cannon was discharged and his arm shot off, causing a mortal wound.

At other times, however, the results have been far more serious, as many a maimed soldier and bereaved family can testify. The graves of victims of the revolutions are scattered all over the Republic. How many have fallen in the disturbances of the past fifteen years it is impossible to determine; I have heard estimates ranging from 1000 up to 15,000. Nor is revolutionizing a pleasant business when continued for any length of time. When the men entered a town contributions could be levied on the merchants, but when they were harassed and forced to retreat to the mountains they roamed for weeks half nude, bare-headed, barefooted, exposed to the weather, living on what bananas and wild fruits they could find or occasional wild hogs they were able to kill, undermining their constitutions and brutalizing their natures. The landlady whose son sought political distinction with a gun told me amid sobs that her boys were dutiful, industrious lads before being caught in the revolutionary torrent, but that in the woods they lost all inclination for work and returned home completely demoralized. From grieving relatives of victims I have heard many another story of ruined lives and early deaths. It is saddening to reflect on the tears which have been shed and the misery which has been caused by this long continued civil strife.

While women have been heavy sufferers from the revolutions they have not hesitated to take sides and contribute their mite. Many are the stories current in Santo Domingo of women who smilingly passed through the enemy's ranks and carried ammunition and supplies concealed beneath their garments to their friends in the woods.

Excluding the revolution by which the Haitian yoke was thrown off in 1844 and that of 1863-65, which expelled the Spaniards, there have occurred in the seventy years of Dominican independence no less than twenty-three successful revolutions. One occurred in each of the years 1848, 1844, 1849, 1857 and 1864, three in 1865, one each in 1866, 1867 and 1873, three in 1876, one each in 1877, 1878, 1879, 1899 and 1902, two in 1903 and one each in 1912 and 1914. At times hardly had a revolution proved successful when a counter-revolution broke out and secured the victory. The longest intermissions were from 1879 to 1899 when the party of the dictator Heureaux was in power, and from 1903 to 1912, when the indirect protection of the United States was sufficient to sustain the government.

These were the successful revolutions; the unsuccessful insurrections are innumerable. It has been unfortunate for the credit of Santo Domingo that almost every little shooting affray is classed as an insurrection or revolution. Most of these unsuccessful uprisings have been unimportant excursions into the country by some disaffected local chief and a handful of followers, the band being promptly rounded up or scattered by government forces or induced to come in by promise of a job or some other consideration.

The circumstance that the provincial governors found it to their advantage to have disturbances in their district explains many of the smaller commotions. Upon the outbreak of an insurrection or before the threat of an outbreak the authorities in the capital would authorize the provincial governor to recruit troops and draw funds for their payment. The governor would do so, but if two or three thousand men had been authorized he would raise only two or three hundred and forget to account for the balance of the money. The suppression of the "revolution" would thus benefit both his military reputation and his pocketbook. Governors were therefore prone to exaggerate rumors of insurrection and sometimes themselves sent out men to fire a few shots in the woods and create alarm.

Other insurrections have been fierce and formidable and some administrations were obliged to engage in constant warfare in order to maintain themselves. A serious unsuccessful insurrection was that led by Gen. Casimiro de Moya against Heureaux in 1886, which lasted six months. The most widespread was that of Jimenez against the Morales government, lasting from December, 1903, to May, 1904, and during which the insurgents gained possession of practically the entire Republic. Other serious outbreaks occurred in 1904, 1905, 1906, 1909, 1911, 1913 and 1916. The fires smouldered constantly, especially in the Cibao, which raises the largest crops of everything, including revolutions.

The effect of such continuous commotion has been most disastrous to the country and the people at large. This is all the more saddening when it is considered that, less than ten per cent of the people took part in the disturbances. Revolutions, successful and unsuccessful, have been fought to a finish with less than a thousand men on either side. Ninety per cent of the population are law-abiding citizens who would like nothing better than to be let alone and permitted to pursue their vocations in peace. The other ten per cent were not entirely to blame: they have been the victims of their environment.

Not only have the revolutionary disturbances caused enormous indirect loss to the country through paralyzation of agriculture, arrest of development and loss of credit, but they have also been a large direct expense. A considerable portion of every budget was devoted to appropriations for the purchase of war material and the maintenance of the military and naval establishment. When uprisings occurred the additional amounts necessary for their suppression have been taken from other appropriations, those for public works usually being the first to be cancelled. If the uprisings became serious the other appropriations of the budget were reduced by fifty or even seventy-five per cent until all the available cash was devoted to war purposes. In 1903 military and naval expenditures absorbed 71.7 per cent of the Republic's disbursements, and in 1904 72.6 per cent. At such times the government was reduced to a desperate struggle for existence; the loss of the custom-houses in power of the insurgents made its position still more precarious; it contracted loans on ruinous terms; it neglected its foreign obligations and paid its employees in promissory notes and even in postage stamps, which they would then peddle about the streets. Under such conditions it is natural that nothing was left for public improvements. Even under the peaceful administration of Heureaux a disproportionate part of the national funds was expended for military purposes and three gunboats were acquired and maintained, but not a single mile of improved road was laid out.

With the American military occupation political conditions in the Dominican Republic have radically changed. The system of waging political campaigns by force of arms has stopped abruptly and absolutely. Revolutions have become a matter of history. Ballots will hereafter take the place of bullets, and politics will be conducted in the same manner as in other orderly countries. Evolution, not revolution, will be the characteristic of the future.

CHAPTER XX

LAW AND JUSTICE

Audiencia of Santo Domingo.—Legal system.—Judicial organization.—Observance of laws.—Prisons.—Character of offenses.

In the year 1510 the Spanish government established in Santo Domingo the first of the famous colonial audiencias, or royal high courts, the list of which appears like a roll call of Spain's former glories. Others were added later in Mexico, Guatemala, Guadalajara, Panama, Lima, Santa FÉ de BogotÁ, Quito, Manila, Santiago de Chile, Charcas (now SucrÉ), and Buenos Aires. The audiencia of Santo Domingo at first had jurisdiction over all the territory under Spanish dominion in the new world, but upon the establishment, of the audiencia of Mexico and others its jurisdiction was confined to the West India Islands, and the north coast of South America. Its functions were both judicial and administrative, including the power to hear appeals from the judges of the district and from certain administrative authorities, and to intervene in certain matters of government, in the finances of the territory and in behalf of the public peace. The governor and captain-general of Santo Domingo was president of the royal audiencia, though not acting when it sat as a law court, and at times the audiencia alone temporarily carried on the government of one or more of the territories under its jurisdiction. It applied the law as expressed in the codification of the "Laws of the Indies," and the Spanish "Partidas." It sat in the building still called the old palace of government. During the dark days which fell upon the island in the seventeenth century, the presence of the audiencia helped to save the colony from being completely forgotten. It continued in its functions until the country was ceded to France, whereupon in 1799, it was removed to the city of Puerto Principe, in Cuba. Could its records but have been preserved a great many gaps in the history of Santo Domingo, Cuba, Porto Rico and Venezuela would be filled. It seems that the first records were destroyed by Drake in 1583, and almost all the later ones succumbed to the negligence of man and the voracity of the tropical insects. When the government of Cuba in 1906 honored the request of the government of the Dominican Republic for the return of such of the records of the audiencia of Santo Domingo as were still extant, it could find in its national archives and turn over but a score of bundles of documents, mostly records of suits regarding land boundaries in the eighteenth century, of little historic value. These and several small mahogany bookcases still preserved in the present audiencia of Havana, are the only tangible remains of this noted court.

When Santo Domingo again came under Spanish rule in 1809, the colony was included in the territorial jurisdiction of the audiencia of Caracas. Upon the beginning of Haitian rule in 1822, when most of the distinguished citizens, including judges and lawyers, left the country, they took with them the ancient legal system. The Haitians imposed their laws, namely, the Code Napoleon and other French codes. These took such deep root that on the expulsion of the Haitians no attempt was made to return to the Spanish laws, which also at that time were still under the disadvantage of not having been revised and codified in accordance with modern needs. In 1845 the laws of France were expressly adopted by the Dominican Republic. During the troublous times following little attention was given to the legal system, and there was not even a Spanish translation of the codes. After annexation to Spain in 1861 the Spanish authorities attempted to clarify the situation by introducing the Spanish penal code and law of criminal procedure and by appointing a commission to translate the civil code, in which they made several changes, but upon the reestablishment of the Republic in 1865 everything done in this respect by the Spaniards was annulled. Several efforts were later made to secure a translation of the codes, though laws were not often invoked amid so much civil unrest. As late as 1871 the American commission which visited the island reported that the administration of justice had practically fallen into disuse. The local military chiefs and the parish priests decided the questions that arose.

As the country progressed in spite of itself, and there were periods of peace, the need of an official Spanish text of the laws became more pressing, and at length in 1882 a commission was appointed to translate and adapt the French codes. On the report of the commission a civil code, a code of civil procedure, a code of commerce, a penal code, a code of criminal procedure and a military code were approved in the year 1884. They are literal translations of the French codes with a few modifications to adapt them to local conditions. The penal codes are such close translations that several paragraphs relating to juries were retained, although the institution does not exist in Santo Domingo. It was tried in 1857, but discontinued in the following year. The Dominican Congress made but few changes in these important laws, which have therefore been more permanent than the constitution. The need for a further revision of the Dominican codes became urgent, however, and such revision has very recently been concluded by a commission which sat for that purpose; it is now being considered with a view to an early promulgation of the codes in amended form.

Santo Domingo, the first Spanish colony, thus has no Spanish laws. It is the only Spanish country which has adopted French legislation so completely, and which looks so largely to France for its jurisprudence.

The laws of Congress, and the decrees of the Executive relating to concessions, naturalization, pardons, and other matters, and, at present, the "executive orders" and decrees of the military government, are published in the Official Gazette, a government newspaper appearing almost daily. In addition to the calendar date, official papers are dated from the declaration of independence in 1844 and the restoration of the Republic in 1863, somewhat as follows: "Given in the National Palace of Santo Domingo, Capital of the Republic, on the 3rd day of March, 1916, the 73rd year of Independence and the 53rd of the Restoration." In Haiti it was formerly the custom, after a successful revolution, to count dates not only from the declaration of independence but also from the proclamation of the latest revolution, the latter period being denominated the "regeneration," thus: In the 40th year of independence and the 3rd of the regeneration. In the Dominican Republic Baez introduced this rule in his presidency of 1868-1873, during which period decrees were dated in the following manner: "On the 3rd day of March, 1871, the 28th year of Independence, the 8th of the Restoration, and the 3rd of the Regeneration." The revolution of December, 1873, ended this regeneration, and the official references thereto.

At the present time the judicial power is vested in a supreme court, sitting in the capital of the Republic, three courts of appeals, one in Santo Domingo, one in Santiago and one in La Vega; twelve courts of first instance, one in each province; and 70 alcaldias or justice of the peace courts, in the several communes and cantons. The supreme court is constituted by a presiding justice and six associate justices, who are elected by the Senate for terms of four years. It exercises original jurisdiction in cases against diplomatic functionaries and judges of courts of appeals, sits as a court of cassation in appeals from, the courts of appeals, finally decides admiralty cases and has certain other functions assigned to it by law.

The three courts of appeals each have a presiding justice and four associate justices, all elected by the Senate for four year terms. They exercise appellate jurisdiction over cases adjudged by courts of first instance and courts-martial, and original jurisdiction in admiralty cases and in the prosecution of certain judicial and administrative officials. Prior to 1908 there was one supreme court, with five members, and no court of appeals. When the income of the country grew, the new constitution provided that the supreme court have at least seven members, and that at least two courts of appeals be established, with their necessary judges and clerks. The system is now costly and topheavy.

The twelve district courts each have a judge of first instance and a judge of instruction, elected by the Senate for terms of four years. The judge of instruction is not, strictly speaking, a part of the court, his duty being to investigate the more serious criminal offenses, commit the offenders for the action of the court and report the result of his investigation to the prosecuting attorney. The courts of first instance have original jurisdiction in all criminal matters except the minor police offenses and in all civil matters except those expressly assigned to the justices of the peace. They hear appeals from the justices of the peace in civil and criminal cases.

The local justices of the peace are called "alcaldes." The alcalde, in Spanish times, was an officer exercising both administrative and judicial functions, the name being derived from the Arabic "al cadi," the judge, and whereas in Spain and most of the former Spanish colonies the alcalde has now only administrative duties and his office is equivalent to that of mayor, in Santo Domingo he now exercises solely judicial authority. (The office of "alcalde pedaneo," which may be roughly translated as deputy mayor, exists in Santo Domingo, however, this title being given to the municipal executive's agent in each section.) The alcalde's jurisdiction comprises the smaller police offenses and, in civil cases, matters involving less than $100, as well as certain cases, such as suits between innkeepers and guests, where the limit of his authority is raised to $300, and other cases, such as ejectment suits, where his jurisdiction attaches on account of the subject-matter. The alcaldes are appointed by the president of the Republic.

In general the system works smoothly. The alcaldes are often ignorant men, but even in the United States the country magistrates are not always founts of wisdom. The judges of first instance and district attorneys are almost without exception respected in the community, and the present judges of the supreme court and of the courts of appeals enjoy a good reputation. Not infrequently political considerations have given rise to poor appointments, such as occurred in Barahona some years ago when the judge-elect telegraphed an indignant protest to the capital to the effect that he was unacquainted even with the rudiments of the law. The administration had not taken the trouble to ascertain whether he was a lawyer, but knowing he sought a position, had given him the first one at hand. This was rather an oversight, as the law requires such appointees to be members of the bar. On another occasion the legal requisite was filled by first declaring the aspirant a lawyer and then designating him for the post. These cases are exceptions, however. The integrity of the judges is not often questioned, but the alcaldes do not enjoy so good a reputation.

At the present time there are also American provost courts which take cognizance of "offenses against the military government." This designation is broad enough to include anything the military authorities choose to include. Apart from a few cases of regrettable harshness these courts have done fairly well.

While the various constitutions have expressly declared the independence of the judicial power, the authority of the courts has heretofore been rather relative, and they have studiously avoided conflicts with the other branches of the government. There is no case on record where they have declared a law unconstitutional. The supreme court when driven into a corner in 1904 even declared that it had not the authority to make such a declaration. The constitution of 1908 modified the decision by expressly providing that the supreme court may decide as to the constitutionality of laws.

This decision of the supreme court made little impression in the country, due probably in part to the ease with which the various administrations have disregarded the constitution when it suited their convenience. The little value of the constitution between friends has constantly been demonstrated. Certain provisions have been systematically violated, even by the best of administrations. Principal among them is the provision that no one be arrested without a warrant setting forth the offense, unless caught in flagranti, and the provision that every person imprisoned be informed of the cause of his imprisonment and submitted to examination within forty-eight hours after arrest, and not be detained for a longer time than permitted by law. These provisions have been dead letters as far as political prisoners are concerned. When a person was suspected of being involved in a conspiracy against the government he was liable at any moment to be seized and conducted to prison, where he might be detained indefinitely, until the danger was over, or he was considered innocuous. The ancient fortress at the river mouth in Santo Domingo, known as La Torre del Homenaje, bears over its entrance the sign, "Political Prison," and rarely has it been without tenants, even when the country was at peace and the constitutional guarantees were supposed to be in force. On one occasion when I heard a Dominican lawyer lament that a friend of his had thus been incarcerated for several months without a hearing, I inquired why he did not apply to a court and invoke the constitutional provision. The reply was, "The judge who signed an order to set the prisoner free would probably join him in jail before many hours had passed."

Such ignoring of the written law was a relic of the days when the will of the military was the only law respected. Reminders of the old state of affairs continued to crop out, though the people and government were rapidly adopting other customs. An instance occurred in Sanchez during the presidency of Morales. A younger brother of the president was customs collector at that port and was accused by public rumor of irregularities in office. A customs employee having been discharged for spreading the rumor, called on the collector and invited him to a meeting outside; and the two adjourned to the bush, where shots were exchanged and young Morales was wounded in the leg. The aggressor was immediately seized by the general commanding the military forces in Sanchez and carried to the town cemetery, a grave was dug, and the general prepared to have him summarily shot. The town authorities interceded, but in vain, and the execution was about to take place when the ladies of the town succeeded in moving the commandant by their pleadings. The prisoner was remanded to the jail in Samana and was later tried by the court of first instance and acquitted. Much more recently the leader of the band that assassinated President Caceres was killed without trial.

Some of the surviving military leaders of the old school find difficulty in adjusting themselves to the new conditions. Among them was General Cirilo de los Santos, better known by his nickname "Guayubin" (the name of the town where he was born) who took an active part in the political disturbances of the Republic for many years. When I traveled through the country with Prof. Hollander on his financial investigation we were guests of this hero of a hundred revolutions, who was then Governor of La Vega. In the course of conversation Prof. Hollander expressed gratification at the cessation of the custom of shooting political prisoners. The governor was at that time engaged in the persecution of one Perico Lasala, a perpetual revolutionist who was infesting the nearby hills and who has since done his country a favor by being killed in an incursion on the coast. The idea of not shooting this notorious character as soon as he was apprehended seemed grotesque to Guayubin—and perhaps not without reason. He cried, "If you were in my place and caught Perico Lasala, wouldn't you shoot even him?" "Why, no," was the answer. Guayubin's face fell and he became thoughtful. For the rest of the day he was strangely silent and he continued so on the morrow, when he accompanied us for several miles out of town. When bidding goodbye, he broke out: "I wish to ask your advice. If I should catch Perico Lasala, what would you advise me to do with him?" Dr. Hollander asked: "What do you do with persons who steal or commit similar violations of the law?" "We put them in jail." "Why, then, put Perico Lasala in jail." A look of inexpressible relief came over the face of the old warrior. "Of course!" he said, "I never thought of that."

Not long after this incident General Guayubin met a political opponent against whom he harbored resentment. He immediately drew his revolver and began to shoot, and the object of his wrath escaped only by dexterous sprinting. At a session of Congress there was some criticism of his action and Guayubin resigned his office in disgust. The death of this fighter was as stern as his life. He attended a christening party at a house where there was a forgotten powder-cask; a spark fell into the powder and in the ensuing explosion Guayubin's eyesight was destroyed. Grimly refusing to take food or drink, he pined away.

Prior to the American occupation, the Dominican penal establishments were as a rule in very bad condition. There is no penitentiary and portions of the forts or government houses are used as jails. The prisoners were herded together with little thought of cleanliness. The stench in some of the jail yards was at times almost unbearable. In justice it should be stated that the Dominican authorities frequently called the attention of their Congress to this condition of affairs. The prisons at Santo Domingo City and Santiago were exceptions to the rule; they were improved even to the extent of being endowed with a prison school.

The political prisoners were generally given better accommodations, if there were any at hand, and had the privilege of securing their meals from the outside instead of being limited to the scant and repugnant prison food. During revolutions, however, when the prisons were overcrowded, the political prisoners were kept in irons and supervision was rigid. According to law the functionaries of each court of first instance were supposed to visit and examine the jails once a month, but as the date of their visit was known beforehand the inspection was little more than perfunctory. Not very long ago it was whispered in the Cibao that a judge in inspecting a jail accidentally passed through a door to a room he was evidently not expected to enter, and there to his own embarrassment and that of the warden found a score of prisoners whose names were not on the prison rolls.

The more serious offenders were kept in irons. The Dominican authorities, realizing that they had no reason to be proud of their prisons, were loath to permit foreigners to visit the jails. When I called at the government building at Sanchez on one occasion, however, the commandant was absent and an indiscreet sergeant offered to show me the two rooms used for prison purposes. The building was a wooden one and one of the rooms, though heavily barred, did not seem unfitted except in case of overcrowding, which I was told sometimes occurred. The other room was extremely repulsive. It was dark and a foul odor rising from a hole in the wooden floor demonstrated the truth of the guide's remark that there was no outhouse for the use of the prisoners. Along one side of this room lay two long square-cut beams, one on the other, scalloped out so as to form a number of round holes along their juncture. It was evident they were used as stocks and my guide stated that he had seen a whole row of men sitting along the log with their feet thus confined. One or two of the holes were a little larger and it was explained that they were for the purpose of confining not the feet but the neck of the delinquent, and that this punishment was much worse, producing especial pain in the case of short-necked persons. The severest pain was produced, so the guide stated, when the delinquent was seated on the beam and his feet placed crosswise through the holes: he could bear the agony of this position for only a short time.

The American authorities have made great improvements in the prisons and prison discipline. The jails are now so clean that they are almost show places.

The revolutionary disturbances have seriously interfered with the proper execution of the sentences of the courts. It was a usual procedure for revolutionary forces, upon entering a town, to free the prisoners—either as a slap at the government or in order thereby to augment their own strength. In Puerto Plata, a few years ago, a merchant was convicted of fraudulent bankruptcy and sentenced to three years in jail; soon afterwards a revolutionary force took possession of the town and freed the prisoners; and a few hours later the townspeople were amused to see the lawyer who had been instrumental in securing the conviction himself led to prison at the instigation of the culprit.

In March, 1903, when the political prisoners in the Santo Domingo prison broke out, they released the convicts, some of whom retained their gyves during the fighting which followed, until the revolution was successful several days later.

The undeveloped state of the country has offered difficulties to the apprehension of criminals, and the proper enforcement of the law. Could a criminal but reach the mountains of the interior, which are almost entirely uninhabited, he would be safe from pursuit and might either wait to join the next uprising or proceed to a different part of the country, where he was unknown and where, owing to the difficulty of intercourse, detection would be unlikely. Instances have occurred more than once where an escaped malefactor has become a "general" of other outlaws and by threatening to raise an insurrection has induced the government to pardon him and his associates.

In several regions there were up to the time of the American occupation local caciques who were almost absolute monarchs in their district. They and their followers considered themselves above the law and their power and influence were such that the government in the capital preferred to let them alone so long as they kept within bounds. Such gentlemen can hardly be expected to favor the American administration for they have been made to understand that their rights and remedies are no more than those of other citizens.

In view of such conditions so favorable to wrongdoers, the low criminal record of Santo Domingo is all the more remarkable and speaks highly for the character of the population. Crimes evincing malice and a depraved disposition are exceedingly rare. The Dominican boasts that it is possible to travel without fear from one end of the Republic to the other, though unarmed and carrying large sums of money. The few attacks on travelers which are on record have generally been due to revenge or some other personal motive. There is petty thievery, but no more than anywhere else. A friend of mine used to remark that he had never seen so many chickens in a community where there were so many negroes. No criminal is so greatly despised as a thief, and to accuse a person of being "mean enough to steal a pig" is a mortal insult. A distinction is made, however, between public honesty and private honesty, and the impression has been only too general that stealing from the state is not stealing.

The most common serious offenses are homicide and assaults committed in sudden quarrel or due to jealousy. Not a little mischief was caused by the unfortunate habit of going armed.

The attractions of the fair sex give rise not only to crimes of jealous passion, but also to other missteps, such as seduction and similar offenses. The average of these is not greater, however, than in other southern countries.