Puerto Rico History - 1897 - Government of Puerto Rico
The following recital of the provisions of the Charter of Autonomy is extremely tedious, but it tends to demonstrate that prior to the advent of the Gringos, Puerto Rico was in fact in possession of a fully functioning set of governmental institutions, and had little need of tutelage in the arts of self-government from Washington.
The Government of Puerto Rico was composed of : (1) the Governor General; (2) a parliament divided into 2 bodies which were the house of representatives and the Administrative Council; (3) a president and 5 ministers : those of justice and state; of internal affairs; of education; of agriculture, industry, and commerce ; and of public works and communications; (4) a provincial assembly; (5) the municipal governments ; (6) 16 deputies and 3 senators in the Spanish Parliament.
The Governor General was appointed by the King on the recommendation of the Council of Ministers. He was responsible for the maintenance of public order and security in the colony, and other insular authorities were subordinate to him. The duties of the governorship included: selection of his staff ; enforcement of laws, decrees, treaties, and international agreements from both the legislative and executive powers, the latter being brought to his attention by those ministries of which he was a direct representative on the island (state,war, navy, and overseas) ; authority to suspend the publication and enforcement of any resolutions of His Majesty's government which he deemed harmful to the general interests of the nation or the island, informing the respective ministry as to his reasons ; the suspension of capital punishment; suspension of constitutional guarantees in accordance with articles 4, 5, 6, and 9 and the first three paragraphs of article 13 of the Spanish Constitution; maintenance of public order and authority to take the necessary steps for the preservation of peace on the island upon consultation with the council of secretaries; the effective administration of justice; and direct contact with the representative diplomatic agents and consuls of Spain and America in matters related to external affairs.
In addition, it was the Governor's responsibility to protect the rights, powers, and privileges of the colonial administration as well as to approve and publish the agreements of the insular parliament, to be submitted to him by the president and secretary of the respective houses. If, in his opinion, an agreement by the insular parliament exceeded its authority, threatened the rights of the citizens as recognized in title I of the National Constitution, or jeopardized the interests of the colony or of the state, he was to remit the agreement to the Council of Ministers of the Kingdom. If two months went by with no response from the central government regarding the agreement, then it was up to the Governor to act according to his discretion.
The appointment of judiciary officials as well as the administration of justice was under the jurisdiction of the Governor in council with his Cabinet, who in turn had been appointed by the Governor and might be dismissed by him at will. Nevertheless, the Governor's orders as chief executive had to be seconded by a Cabinet member, except in such cases as the treaties of the insular Cabinets especially when he questioned their constitutionality or legality the enforcement of public laws, and the laws of the realm as sanctioned by His Majesty and extending throughout the Spanish territory.
The Governor's office was also responsible for presenting the budget to the cabinet prior to January of each year. The budget was to be divided into two parts: the income necessary for expenses of the national government and the expenses and income corresponding to the colonial administration. Finally, in cases of legislation resulting from ministerial or parliamentary initiative which the Governor adjudged as affecting the national interests, the chief executive could postpone implementation or discussion of said projects pending a decision by the central government.
In both cases, the correspondence between colonial and central governments was to be passed on to the legislature and published in the record. Any jurisdictional conflicts among the different municipal, insular, or provincial assemblies or with the executive powers which, given their nature, were not to be referred to the central government, were to be submitted to the tribunals of justice. The Governor was entitled to register an appeal before the territorial court ("audiencia") to settle jurisdictional disputes between the executive and legislative bodies, without affecting title V. Furthermore, if any matter of jurisdiction arose between the insular parliament and the Governor which, upon petition of the former, was not submitted to the Council of Ministers of the Kingdom, each of the two parties would be able to submit the case to the supreme tribunal which would offer a definitive judgment. The decisions would then become part of the insular legislation.
The secretaries in the Cabinet, five in all, constituted a corporation of an executive nature; its members were named by the Governor-General from among the members of the majority party in parliament, and were responsible for their acts before parliament, as opposed to being heads of a department and responsible solely to the Governor. Any member of the house of representatives or of the Administration Council could be appointed as secretary, but although he might take part in the discussions of both bodies, he could vote only in the one to which he belong.
Each Cabinet position had its own field of action and authority. The President dealt with relation among the departments and in the enforcement of agreements. The departments of justice and state handled the magisterial and judicial bodies, judicial appointments, and administration, including that of the prison and jails; selection of sites for correctional institutions ; the public order and the police system ; appointments of mayors ; the press, censorship of the theater, local elections, and appeals ; as well as dealing with such areas as welfare, health, ship doctors, hospitals for contagious diseases, and public sanitation.
The treasury department dealt with the various branches of taxation - land, commercial, industrial, and professional; royal rights; national wealth; stamped goods; customs revenue ; and the auditing of government services and expenses. The department of public education dealt with all matters related to the Provincial Institute, those private schools in conjunction with the institute, normal schools, and the teaching profession in the island. The department of public works and communications was responsible for such services as roads, lighting, railroads, the construction and maintenance of public buildings, and the postal and telegraph systems. The departments of agriculture, industry, and commerce handled the research and development of agricultural, cultural, industrial, and commercial resources; land grants; banking institutions ; the chambers of commerce; weights and measures ; patents ; and the development of mining resources.
The Administration Council, a kind of senate, was composed of 15 members, 7 of whom were designated by the Governor-General and 8 elected. To be a member of the Administration Council it was necessary to be a native of Puerto Rico or to have resided in the island during 4 consecutive years ; to have never been processed for criminal matters ; to have the full political rights; to have received for 2 or more years a private yearly income of no less than 4,000 pesos ; and to have had no contracts with either the National Government or that of the island.
The members of the Administration Council could not legally hold another position when the council was in session although both the local and national governments might delegate additional tasks to them within their respective fields of public service. Those councilors appointed by the Governor were named by special decree and held their positions for life. As regards the elective aspect of the council, half of the seats were up for reelection every 2 years, elections in which all individuals over 25 years and in full possession of their civil rights were entitled to vote.
The administration councilors were granted political immunity as regards the free expression of their opinions and votes; they could not be indicted nor arrested without a previous council resolution except when found "in fraganti," or when the council was not in session. Any case involving the councilors was under the jurisdiction of the territorial "Audiencia." The above-mentioned guarantees were not applicable, however, in those cases in which the councilor was declared to be the author of articles, pamphlets, or books instigating military insurrection, or slandering or attacking the integrity of the nation.
The house of representatives was composed of 32 members, who were elected according to the conditions prescribed by the electoral law. Requirements for membership in the house included that of a secular status, as well as having been born on the island or having maintained continuous residency for a period of 4 years, and no criminal record. Representatives were elected for 5-year terms and could be reelected indefinitely. Any additional pensions, employment, or paid commissions conferred upon a representative by the government had to be declined within a 2-week period or he would lose his representative status. This regulation did not apply, however, to those representatives who became Cabinet secretaries.
The house of representatives met annually, convoked in the King's name by the Governor General who also had the power to suspend or close its sessions, and to dissolve both the house and the Administration Council separately or simultaneously, with the obligation of reopening the session within 3 months. The sessions of the house and the council were to be simultaneous, except when the council was performing judicial functions. Colonial legislation could be initiated by either the house, the council, or the Governor, with the exception of those statutes dealing with taxation and public credit, which could be initially presented only in the house.
Members of the house enjoyed protection and immunity similar to that of the council, except in such cases as sedition or slander. In accordance with the theory of the division of sovereignty between the national and local governments, the Charter of Autonomy recognized the insular parliament to have specific powers, as opposed to the North American Constitution which granted to the individual States the residual sovereignty not belonging to the Federal Government.
The insular congress had the power to legislate on matters relating to the Cabinet departments ; in addition, it had access to information regarding purely local affairs and thus could legislate on administrative organization, including provincial, municipal,and judicial divisions ; on sanitation; on public credit, banks, and the monetary system - all without encroaching on the powers which corresponded by law to the executive power of the colony. The insular parliament could also regulate certain laws voted in the Cortes of the Kingdom. Thus, right from the beginning, it could regulate the electoral procedure, the formation of the census, voting qualifications, and the voting system, as long as it recognized the basic rights of the citizen as designated in the electoral law.
The insular parliament had a voice regarding certain measures and regulations with respect to the administration of justice in the local tribunals of the island or in those in which Puerto Ricans were practicing law. It also had exclusive authority regarding the local budget in terms of expenses as well as the income necessary to cover the island's share of the national budget. However, both houses were prohibited from considering the colonial budget until they had voted on that part relevant to its national obligations. Other parliamentary powers included receiving the Governor's oath to uphold the constitution and the guarantees of colonial autonomy; requiring responsible action of the Cabinet secretaries ; presenting its proposal regarding actual or potential legislation to the central government by means of the Governor ; requesting executive resolutions from the Governor on colonial matters; and finally, the setting of tariff duties and import-export taxes.
Mercantile relations between Spain and Puerto Rico were to be governed in the following manner : 1. No duty, whether of a fiscal character or established for import or export, could have a differential injurious effect on insular or peninsular production ; 2. The two governments would form a list of articles of direct national origin to which would be assigned, by common agreement, a differential duty over similar ones of foreign origin, and a list of products of direct insular origin which were to receive preference in the peninsula as well as the kind of differential duties, which in no ease were to exceed 5 percent.
Given an agreement between the two governments on the contents of the lists and the protective duties, said lists would be considered authoritative and put into effect. In the case of disagreements the discrepancy would be handled by a commission of deputies of the Kingdom, with Spain and Puerto Rico equally represented. This commission would name its own president, who, in case of a lack of agreement, would be the eldest member. The valuation tables for the articles included in the above lists would be fixed accordingly and revised every 2 years; any modifications made with regard to the customs duties were Obligatory for both governments.
Furthermore, the insular parliament was empowered to negotiate commercial treaties with foreign countries. The negotiation of said treaties, however, had to be arranged by the central government assisted by special delegates as authorized by the insular government, and presented to the Cortes. The same process was used with regard to treaties initiated by the central government and affecting the interests of the island. Commercial treaties negotiated by the Cortes, on the other hand, were to be submitted to the insular government as soon as they became law, and that government was to declare within a 3-month period whether or not it desired to adhere to its stipulations.
The provincial assembly was an elected body with exclusive insular authority as regards the establishment and staffing of educational and welfare institutions, the island's transportation system, and the responsibility of drawing up its own budget and appointing the staff. The assembly selected its own president. Its membership, whose number was proportional to the population of the island, was elected in such a way as to allow legitimate representation of the minority groups. To qualify as a provincial representative one had to be a native of the island or to have 4 years of continuous residency, as well as to fulfill the qualifications necessary for the position of representative to the Cortes. In addition,the provincial representatives were responsible for any damage or harm resulting from their actions.
The "Ayuntamiento"constituted the town government and could legislate within its proper jurisdiction on public education, transportation, health, a budget, and the appointment of its own staff. The Ayuntamiento could also contract municipal loans ; a recommendation by one-third of the councilmen would result in a referendum, which would then need a simple majority for passage. The position of councilman in those municipalities exceeding a thousand inhabitants was open to those voters with 4 years of residency in the municipality who were among the upper third on the list of those paying land, industrial and commercial taxes.
In the municipalities of between 400 and 1,000 inhabitants, eligibility was extended to those in the upper four-fifths of the tax lists; in the towns of under 400, all voters were eligible. Finally, special provisions for eligibility were granted to those having an academic or professional degree, or credit discount on property wealth.
In the meantime, until the parliament dealt with the matter, the municipal law would continue to be in effect in all areas not superseded by the above provisions or by the electoral law. Finally, in article 2 of the Charter of Autonomy, the Spanish Government recognized the unalterable and irrevocable nature of the form of government granted to Puerto Rico until such time as a concrete petition for a change was forthcoming from the insular parliament.
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