IN CHAPTER IX PORTO RICO-A STUDY IN AMERICAN TERRITORIAL GOVERNMENT 'N the foreign relations of the United States previous to the war with Spain, Porto Rico had generally been regarded as a sort of natural appendage to Cuba. In the public statements made by American statesmen regarding Cuba, mention was sometimes made of Porto Rico; but, even when nothing was said, it was generally understood that Porto Rico would follow in the wake of Cuba if that island should ever transfer its allegiance from Spain. Perhaps that is one of the reasons why, in the Foreign Relations of the United States, Cuba plays such a prominent part, while Porto Rico is virtually unmentioned. Undoubtedly another reason is the uneventfulness of the island's history as compared with that of Cuba. Not having the importance which Cuba derived from its size and its proximity to the mainland, and possessing no mineral resources to incite the cupidity of the early Spanish adventurers, Porto Rico, from the time of its discovery by Columbus until its surrender to the United States, probably received as generous treatment from the Madrid government as obtained anywhere in the great Spanish colonial dominion. So long as Spain held most of the Americas south of the Rio Grande, she could hardly be expected to pay much attention to such an insignificant possession as Porto Rico. However, during the wars for independence Spain came to the realization of the importance of attaching her colonies to herself through fair dealing; and a royal decree of 1815 was very generous. The result was a heavy influx of whites, many of them Spanish sympathizers, driven from the revolting countries of the empire. Although the governor-general of Porto Rico had powers as despotic as those of the governor-general of Cuba, there was considerably less complaint of their abuse. In 1870 the island was made a province of Spain with representation in the Spanish Cortes. A little later, in 1874, the provincial constitution was abrogated. But the provincial deputations were reestablished in 1877; only now they were partially dependent upon the governors-general. The next step towards selfgovernment did not come till 1897, when Spain granted a form of autonomous government similar to that offered to Cuba. But the troops of the United States took over the island before its organization under the new system was completed.1 From October 18, 1898, when the Spanish troops withdrew, until May 1, 1900, when the Foraker act establishing civil government went into effect, the island was under military rule. The guiding principle under the three military governors, Generals Brooke, Henry, and Davis, was to interfere as little as possible with the existing native institutions. The greatest difficulty was the complete lack of knowledge, on the part of the Americans, of the methods of administration under the local laws. As General Davis writes: "Judicial procedure was strange, and the temperament, mode of life, and manners of the inhabitants differed greatly from those with which Americans are conversant. . . At the time of my arrival not a page of the voluminous laws of the island, all of Spanish origin, had been translated into English. Those laws, upon which the whole fabric of society was based, were as a sealed book and had been so to my predecessors.'' 2 The problems of the military government included polic For a description of the government preceding 1897 and the proposed reforms, see the Report of Brig.-Gen. G. W. Davis, House Doc. No. 2, 56th Cong., 1st sess., p. 484. 'Ibid., p. 483. 991 ing the island, remedying the lack of sanitation, reorganizing the judicial system, and introducing financial reforms. There was much disorder and murder; pillage and arson were common offenses of the natives against the Spaniards. The sanitary conditions of the cities was impossible according to American standards, and an immediate and thorough cleaning up was essential. In the first six months of American control, more than 750,000 of Porto Ricans were vaccinated, smallpox was stamped out, and steps were taken to isolate lepers. The reorganization of the courts and legal procedure was the most difficult problem, for, as General Davis reported: "The system of laws that prevail here is the outgrowth of quite a thousand years of human experience, and can not be struck down or radically changed in a day nor yet in a year. For instance, proceedings under the writ of habeas corpus were authorized; but through inability to understand the purpose of the writ it remained virtually a dead letter. The district insular courts were reduced from fifteen to six; and each of the sixtynine towns retained its municipal court, though upon a modified and improved basis. The insular supreme court of appeals was retained; while for the trial of offenders violating United States law a provisional court under the authority of the president was created, consisting of one law judge and two army officers.2 The stamp taxes placed upon all deeds, notes, and bills of exchange, and the consumo tax upon necessities of life, such as bread and rice, were immediately abolished by the military government, and an excise tax was substituted. The military government was faced with new and difficult problems, and it solved them in a highly creditable manner. In fact, Dr. Rowe is of the opinion "that during the early stages of our occupation of Porto Rico military govern1 House Doc., op. cit., p. 502. Ibid., p. 504. See also Leo S. Rowe, The United States and Porto Rico (London, 1904), Chap. XII, for an excellent survey of the reorganization of the judicial system. ment was not only desirable, but the only means of solving the immediate problems of government." But, as he says farther, a military régime could not be continued, because such a system is repugnant to the political standards of the American people. The principal reason why civil government was not sooner established was the fear of Congress that, on this basis, legislation in regard to the insular possessions might be subject to the restrictions of the constitution. To avoid misunderstanding on this point, the Foraker act provided that native inhabitants should be deemed citizens of Porto Rico instead of citizens of the United States, and tariff duties of 15 per cent. of the Dingley tariff were placed upon goods imported into the United States from Porto Rico, which was possible only if the island was regarded as foreign territory. There was considerable uncertainty as to whether such territory as Porto Rico, once incorporated into the United States, could be considered "foreign." But the insular cases, particularly Downes v. Bidwell, determined that Porto Rico had not become a part of the United States for purposes of the constitutional provision "that all duties, imposts, and excises shall be uniform throughout the United States." The court's ruling is often summarized by the phrase, "the constitution does not follow the flag." Justice White reasoned in the concurring opinion: "To concede to the government of the United States the right to acquire, and to strip it of all power to protect the birthright of its own citizens and to provide for the well-being of the acquired territory by such enactments as may in view of its conditions be essential, is in effect to say that the United States is helpless in the family of nations. Although the House of Representatives might be unwilling to agree to the incorporation of alien races, it would be impotent to prevent its accomplishment, and the express provisions con L. S. Rowe, op. cit., p. 127. 'U. S. Stat. at Large, Vol. XXXI, Chap. 191, Sects. 2 and 7. ferring upon Congress the power to regulate commerce, the right to raise revenue, and the authority to prescribe uniform naturalization laws would be in effect set at naught by the treaty-making power."1 As established by the Foraker act, the government of the island included, first, a governor appointed by the President for a four-year term, who had the powers generally conferred upon governors of organized territories, such as to grant pardons and reprieves, appoint certain officials, veto laws, and see that the laws are executed. He was to be assisted by an executive council consisting of a secretary, attorney-general, treasurer, auditor, commissioner of the interior, and commissioner of education, also appointed by the President for four years, and by five others who were required to be native inhabitants. This executive council was also to act as the upper branch of the legislative assembly, the lower branch being a house of delegates consisting of thirty-five members elected biennially by the qualified voters. The council was to prescribe the regulations and date for the first election. The courts already established by General Davis were continued, except that a United States district court was provided to take the place of the provisional court.2 Perhaps the most noteworthy feature of this system of government was the executive council, which had both administrative and legislative powers; although a somewhat similar organ was found in the American colonies previous to independence. It was to be expected that this body, whose members were for the most part experienced in parliamentary practice, would take ascendancy over the lower house, whose members were uniformly devoid of par1182 U. S. 288. See also the analysis by Dr. Rowe in The United States and Porto Rico, Chap. III, and that by P. Capo Rodriguez, American Journal of Int. Law, Vol. X, p. 317 ff., and Vol. XIII, p. 483 ff. 'U. S. Stat. at Large, Vol. XXXI, Chap. 191. ings of the government see W. F. Willoughby, of the United States (N. Y., 1905), Chap. IV. For an analysis of the work- |