Puerto Rico History - 1897 - Charter of Autonomy
In 1897 the Council of Ministers in Madrid gave unanimous approval to three decrees for the establishment of an autonomous regime in Puerto Rico. The first of these decrees stated the following :
"Article 1
Spaniards residing in the Antilles will enjoy in the same manner as those residing in the peninsula, the rights granted in Title 1 of the Constitution of the Monarchy as well as the same guarantees with regard to the execution of the laws of the kingdom. Toward this end and in accordance with Article 89 of the Constitution, the complementary laws, and especially those of criminal trial, public order, compulsory expropriation, public education, those of the press, of assembly and of association as well as the code a military justice, will be enforced throughout the islands of Cuba and Puerto Rico, so that Article 14 of the Constitution may be fulfilled.
Article 2
In time of war, the Law of Public Order will be enforced in the Antilles, under the restrictions and terms established in Article 17 of the Constitution.
Article 3
The Minister of Overseas Affairs, in consultation with the Council of State, will review the legislation of the Antilles and the proclamations published by the Governors-General since the promulgation of the Constitution, and will publish the results of the review so that henceforth, neither in the governing nor in the administration of justice in those territories will an order be invoked or applied by mistake, which might contradict the letter and the spirit of the Constitution of the Spanish monarchy."
The second decree extended the electoral law of 1896 from the peninsula to Puerto Rico with certain regulatory modifications in order to adjust it to the special conditions of the island. According to this law, electoral status was given to all Spaniards over 25 years of age who were in full enjoyment of their civil rights, and were either members of a township or had at least 2 years of residency. Members of army or naval troops would be unable to vote while in military service. The same was true for those engaged in other branches of the armed services, whether national, provincial, or municipal.
Voting was by secret ballot. Under no circumstances were any military personnel to enter the polls except in the case of the disruption of public order, and then only upon the request of the official in charge of the election. The electors determined article 25 of the senatorial electoral law of the peninsula, regarding the appointment of administration councilors.
The third decree conceded an autonomous regime to Puerto Rico, given the capacity and maturity which the island had attained. In essence, the proposed system of government was to lead to harmony and mutual assistance between the rights and interests of the metropolis and the colony, thus counteracting any dead-end dilemmas and clashes between the two.
Above all, what was proposed [the decree stated] was a clear assertion of the autonomist principle, allowing it room for integral development in an attempt to guarantee its success. For when it came to the question of self-direction for those who had reached maturity, one should either not mention autonomy, or one should grant it completely, on the basis that the better road is that without inherent limitations or obstacles. Nationality may be defended by repression and force, or entrusted to a partnership of feelings and traditions, and reinforced by a system of government which is capable of demonstrating to the colonies that under no other government would they be able to achieve a higher degree of well-being, security and importance.
Thus presented, there was no problem regarding an autonomous government for a Spanish territory, settled by the Spanish civilization. Autonomy was bound to develop within the framework of the ideas and program carried forward by Spain in the Antilles, without eliminating any of its content, nor altering its spirit, but rather offering harmony and a fuller guarantee of stability, convinced of the advantages of its own system.
The issue of an autonomist constitution, therefore, brought three major aspects to the fore. In the first place, there were the sacred interests of the metropolis, which desired above all that the change about to occur would strengthen and affirm the ties of sovereignty, and that in a peaceful setting, the interests of its offspring which, although perhaps different, should be in harmony and capable of development on a basis of free choice.
Secondly there were the aspirations and the needs of the colonial peoples, anxious to be treated as less fortunate daughters rather than be destroyed as enemies, attentive to a familial appeal and as Spaniards, rebellious against the brutal imposition of an annihilating force, expecting from their metropolis a mold for their initiatives, and a procedure authorizing them to govern their own interests. And, lastly, there was that vast and interesting unit of relationships and interests, a consequence of a lengthy past which a government was least allowed to ignore or forget.
Thus, the preservation and development of this heritage involved the realization of a destiny in America, and the glory of the Spanish banner in those lands discovered and civilized by Spanish ancestors. The proposal of autonomy responded to these three considerations. To the first, or metropolitan, point of view belong the questions concerning sovereignty, in the hands of the highest organs of the Spanish nation. The command of the army and navy, the administration of justice, the diplomatic understandings with America, the relationship between colony and metropolis, the political pardon, the defense of the Constitution - these would remain entrusted to the Governor-General representing the King and under the direction of the Council of Ministers. Nothing which was essential to sovereignty was forgotten ; the authority of a central power was not diminished or lessened.
The insular aspect was developed, in turn, as a model of central, provincial, and municipal autonomy such as the most demanding leaders could have imagined, as well as the strict application of the parliamentary system. Insular authority was noted in the congressional structure and the creation of a responsible government, headed by the Governor-General, responsible through his ministers for the development of the colony and serving as the primary link between island and national affairs.
And the third aspect, the crucible within which the history of the colonial relationship was synthesized and within which the process of development would occur, was defined by a series of arrangements of a permanent character linking the two executive powers, the insular and the national, and facilitating the pursuit of mutual assistance and common interests. This system, complex without being confused, was made workable by a series of guarantees and links, by continuing agreements and public discussions, which would eradicate in the foreseeable future the possibility of insolvable differences or clashes between the colony and the metropolis.
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