Page images
PDF
EPUB

in it, and the vote cast was not a large one. The candidates were divided among the three parties already mentioned, but all save one were elected from the two radical organizations, the Nationals and the Republicans. Just one, Senor Eliseo Giberga, of Matanzas province, was returned by the Conservative Union Democrats. There were a few charges of fraud, but they were vague and general in terms and were not formulated nor pressed, and in the main the result of the polling was accepted in good part. The number of delegates from each province had been prescribed in the call for the election. The roll of the convention comprised the names of many of the foremost members of the Cuban nation, distinguished in war, in statecraft and in science, and was well representative of all parts and parties of the island.

The convention met for the first time on November 5, 1900, at two o'clock in the afternoon. All the delegates were present, and a great multitude of the people gathered in and about the palace to witness the spectacle and to pay honor to the occasion. They were not alone from the capital, but from all parts of Cuba. Every province and almost every important municipality was represented. Expectant optimism optimism prevailed. There was only one note of uncertainty. That was concerning the promised modification of the order concerning relations with the United States. The modification had not yet been announced. There were a few who began to doubt whether it would ever be; but most put faith in the Military Governor and were sure that he would keep his word.

He did. At the appointed moment, when all were assembled, General Wood called the Convention to order and addressed it briefly.

"It will," he said, "be your duty, first, to frame and adopt a Constitution for Cuba, and when that has been done, to formulate what, in your opinion, ought to be the relations between Cuba and the United States. The Constitution must be adequate to secure a stable, orderly and free government. When you have formulated the relations which, in your opinion, ought to exist between Cuba and the United States, the Government of the United States will doubtless take such action on its part as shall lead to a final and authoritative agreement between the people of the two countries to the promotion of their common good." He also reminded the Convention that it had no authority to take any part in the existing government of the island, or to do anything more than was prescribed in the order for its assembling. In thus speaking he was in fact reading to the Convention official instructions from Washington; in which the order concerning Cuban and American relations was materially modified. There was nothing in the revised version about making the agreement a part of the Constitution. The Convention was merely to express its opinion on the subject, to serve as a basis for further negotiations. General Wood emphasized this point distinctly, and it was received with entire satisfaction by the Convention and by the public.

Having thus delivered to the Convention its instructions and having expressed his personal good will and wishes for its success, General Wood retired and the Convention was left to its own counsels and devices. Thereupon Pedro Llorente, the oldest of the delegates, took the chair by common consent as temporary president, and Enrique Villuendas, the youngest delegate, similarly occupied the desk of the secretary. A fitting oath of office was administered to all by the Chief Justice of the Su

preme Court of the island; containing a formal renunciation of all other citizenship and allegiance than Cuban, because several delegates had become naturalized citizens of the United States and it was necessary for them thus to resume their status as Cubans. On the principle that "What was good enough for us when we were struggling in the field is good enough for us here," the rules of the Cuban Revolutionary Congress were adopted to govern the Convention. Finally Domingo Mendez Capote was elected permanent President of the Convention, and Alfredo Zayas and Enrique Villuendas permanent Secretaries.

There followed the usual experience of such bodies: Divided counsels, cross purposes, and what not; all gradually working together toward a common end. A few public sessions were held, at which there was more speechmaking than work, but after a few weeks private sessions and a great deal of committee work became the rule. There was no division on party lines, and there was a lack of dominant leadership; both favorable circumstances. Much attention was given to studying and analyzing the constitutions of all other republics in the world, in order to learn their good features and to avoid their errors and weaknesses. The constitution of the United States was of course among those studied, but rather less regard was paid to it than to others, for two reasons. One was, a desire to avoid even the appearance of making Cuba a mere appanage to or imitation of its northern neighbor, and the other was the very practical thought that the constitutions of Latin republics might be better suited to the Latin republic of Cuba than that of an Anglo-Saxon republic.

By January 21 the Constitution was drafted in form sufficiently complete to permit it to be read to the whole

convention in a public session, and thereafter there were daily discussions of its various provisions. Differences of opinion ranged from mere verbal form to the substance of the most momentous principles. There was a characteristic passage of verbal arms over a phrase in the preamble. That paragraph after stating the purpose of the Convention and of the Constitution, closed by “invoking the favor of God." When this was read the venerable Salvador Cisneros, formerly President of the Republic, moved that the phrase be stricken out. Manuel Sanguilly made a long and dramatic speech, arguing with much passion that it really did not matter whether the phrase were included or not, but that it would best be left in, because that might please some and could hurt nobody. Then the dean of the convention, Pedro Llorente, made an impassioned appeal for the retention of the words, to prove to the world that the Cubans were not a nation of infidels and atheists. In the end the phrase was retained.

Another animated debate arose over the question of religious freedom and the relations of church and state, which was ended by the adoption of an article guaranteeing freedom and equality for all forms of religion that were in accord with "Christian morality and public order," and decreeing separation of church and state and forbidding the subsidizing of any church. The question of suffrage was intensely controversial. There were those who dreaded the result of giving the ballot to tens of thousands of ignorant and illiterate men. Yet to disfranchise them would mean thus to debar thousands who had fought for Cuban independence in the late war, and it was not unreasonably feared that it would also cause dissatisfaction and resentment which

would culminate in disorder and insurrection. In the end universal equal suffrage was adopted.

The most bitter debate of all, however, was over the qualifications of the President of the Republic. A strong and persistent effort was made to imitate the Constitution of the United States by requiring him to be a native citizen. But that would have debarred Maximo Gomez, who was born in Santo Domingo. For that reason the proposed restriction was passionately opposed by all the friends of Gomez, and also by many who were not his friends and who would have opposed his candidacy for the Presidency but who felt that it would be disgraceful to put such a slight upon the gallant old hero of the two wars. On the other hand, the restriction was urged chiefly for that very reason, that it would debar Gomez; for, idolized as he was by the great mass of the Cuban people, he had a number of unrelenting enemies, especially among these politicians whom he had opposed and overruled in the matter of the Cuban Assembly and the payment of soldiers at the end of the war. After several days of acrimonious discussion the friends of Gomez won by a narrow margin, and the offensive proposal was rejected.

There were many other controversial points, less personal and more worthy of debate in such a gathering on bases not of personality but of principle. The governmental powers of the Provinces gave rise to debates resembling those over state rights in America. The recognition of Cuban debts was a momentous matter. The method of electing Senators was also much discussed, as was the principle which the Military Administration had adopted of having the state and not the provinces or municipalities control public education. The right of

« PreviousContinue »