CHAPTER XV

Mr. Magoon came to Cuba but little known to Cubans and unfamiliar with

what was before him. During this second American intervention there were

some radical changes in the administration, and more public works were

undertaken than President Palma had ventured upon. The consensus of

opinion among American officers, all the officers who had accompanied

Mr. Magoon, was that the Palma administration had made a mistake in

allowing so much money to accumulate in the treasury. It had become a

temptation to those who were not in power, and it would have been better

to have the money expended along lines that would tend to advance the

republic rather than to permit it to accumulate. So it was realized that

if it was not expended during Mr. Magoon's administration, it would be

spent, and probably largely wasted, if not actually misappropriated, by

the Liberals if they should secure control of the government.

The most unfortunate thing in connection with the visit of Mr. Taft, and

therefore with the administration of Mr. Magoon, was that the Liberals

had apparently gained their ends. The majority of thoughtful and

patriotic Cubans had expected the intervention of the United States to

result in the upholding of law, order and justice in the support of

President Palma and his administration. They had expected that Mr. Taft

would take time to investigate the case thoroughly, and that he would

insist at the outset, as an indispensable preliminary to his entering

into conference with them, that the Liberal insurgents should surrender

their arms and ammunition, return the property which they had stolen,

and submit themselves loyally to the constitutional government of the

island; and that after that, but only after it, he would see to it that

justice was done to them as to all parties and all people. That course

was unfortunately not taken. Mr. Taft entered into conference with

unrepentant and defiant rebels whose followers were at the moment in

arms, threatening and preparing to make further criminal assaults upon

property and life. He regarded or at least treated them as no less

worthy of a hearing and of being taken into conference than the

President himself; and despite his protests he concluded the sorry

performance by practically ousting President Palma and his cabinet at

the behest of these lawless insurgents.

The sequel was tragedy. Estrada Palma died, not of pneumonia but of a

broken heart. Nor was that all. Encouragement was given to the lawless

and criminal elements of the island, and to those who resort to

violence, insurrection and revolution as the means of attaining their

political ends, which has been felt ever since and which has repeatedly

given rise to attempts to repeat the performance which then was so

successful. Recognition was given to the Liberals, through what were

doubtless good but certainly were mistaken motives, and the Liberals

insisted upon maintaining that recognition and profiting from it. So

when a Council, or Consulting Board, of eleven members was formed with

General Enoch H. Crowder as chairman, it contained only two

Conservatives and one man of doubtful affiliations. Three members,

Senors Garcia Kohly, Viondi and Carrera, did not belong to the August

revolutionists but were members of the Moderado party, which had

supported Estrada Palma. They acted as "Independents" on the

Commission, though they were intimately associated with the Liberals,

and as "Independents" they participated in the municipal elections. But

later they joined the Liberals outright. All the rest of the Commission,

or Consulting Board, were Liberals who had actually taken part in the

rebellion. No appointment to office could be made without the sanction

of that Board, and the result was that the Second Government of

Intervention was packed with Liberal placeholders. Competent men, who

had served the State well under President Palma's administration, were

dismissed and replaced by incompetents whose sole recommendation was

that they were Liberals. Now the voters of Cuba are as a rule easily

impressed, and do not always appreciate the possibility, through hard

work, of transforming a minority into a majority. They delight in being

at once on the winning side, and therefore pay much attention to

determining not so much which of two rival and contending parties is

really right and deserving of support, as which side is going to win.

The fact that the Liberal leaders, who previously had had almost no

recognition, social, political or official, suddenly came to the front,

and with the apparent acquiescence of the United States, or of the

commission appointed in Washington, were exerting great influence,

seemed a pretty sure indication, or at least was so interpreted, that

the United States had changed its ideas with regard to the government in

Cuba, and was favoring, and probably would continue to favor and sustain

the Liberal party. That was one of the reasons why the Liberals won

their next election. In fact they pointed to it as evidence of America's

moral support, and frequently referred to and displayed an order, said

to have been issued through mistake, which provided that every man who

had stolen a horse, and who confessed his theft frankly, should have

full proprietary title to that horse and need not surrender it to the

owner. The order is still on the statute books, a memento of the

American intervention. That was resented by the better citizens; it

discouraged many people who had had great confidence in the United

States, and it illustrates not the general policy of the second

government of intervention, but some of the unfortunate things that took

place under that intervention, that seemed to the better class in Cuba,

as mistaken.

Mr. Magoon spent the larger part of the money found in the treasury on

public works, the building of roads, and various enterprises for the

best interests of the island. It is claimed that in some instances the

contracts became a source of graft, and that the roads were not built

according to specifications. At any rate, they were built, and were

sorely needed, and the results on the whole were excellent. Of the

$26,000,000 left by the Palma administration nearly every dollar was

expended at that time.

Although the second Government of Intervention was theoretically and

nominally, and doubtless meant to be actually, quite non-political and

impartial as between the Cuban parties, the very circumstances of its

origin made it appear to favor the Liberals. It had come into power by

accepting the resignation of the Palma administration, which was

practically Conservative, at the demand of the Liberals. The Liberals

thus enjoyed all through its duration the prestige of victory, without

having to bear any of the responsibility of being in office, or

incurring any of the odium which is almost inevitable to every human

government which has not learned to achieve the impossible task of

pleasing everybody. There was no such foundation work to do as had been

done under the first Intervention, and the American government busied

itself principally with routine matters, and with making it possible for

the Cubans to resume control of their own affairs.

One of the most important undertakings at this time from a non-political

point of view was the taking of a new census. This was not done on so

elaborate a scale as the preceding census of 1899, but was more strictly

an enumeration of the people, for purposes of apportionment, etc. It was

taken under the direction of the American Government of Intervention in

1907, the actual work on it being done by a staff of Cuban canvassers

and statisticians, and it was believed to have been accurately and

comprehensively done.

The work of compiling the new census of Cuba which was taken in 1907 was

continued in the early part of 1908 and was completed and results were

published at the end of March of that year. The total population of the

island was reported to be 2,048,980, and out of this number 419,342 were

citizens and entitled to vote. It was then arranged to hold municipal

and provincial elections on August 1, and a national election on

November 14. These elections would be essential parts of the processes

by which the United States government would bring its second

intervention to a close and restore the island to the control and

government of its own people. The electoral law under which they were to

be conducted was promulgated for the August election on April 1 and for

the November election on September 11, 1908.

This law had three salient and characterizing features. The first was

that it established a system of permanent election boards which were

charged with the work of conducting the elections. In each municipality

there was to be a board of three members. In each department or

province there was to be a board of five members of whom two were to be

representatives of the two principal political parties of the island

while the other three were to be non-political members, officials of the

courts or representatives of the education department. The second

salient feature of the law was a system of compulsory registration. This

provided for the making and keeping by the election boards of lists of

all persons in the island who were entitled to vote. The basis of these

lists was the census of 1907, and it was provided that the lists should

be revised, corrected and amplified by the election boards every year.

The third and perhaps the most important feature of the law was its

provision for proportional representation. This secured minority

representation, giving each of the important political parties

membership in legislative bodies and also in the Electoral College

representation in proportion to the number of votes polled.

Under the constitution of Cuba the right of suffrage is guaranteed to

every adult male in full enjoyment of his ordinary civil rights. This of

course bestows the franchise upon a great number of illiterate persons.

The commission which revised the electoral law in 1908 carefully

considered the question of undertaking in some way to deal with the

illiterate vote so that it would not be, as it seemed on the face to be,

a potential menace to the state. It was finally decided however, that it

would be impracticable and inadvisable to attempt in any way to modify

the constitution. Provisions were, however, adopted whereby alien

residents of the island, although not permitted to vote, were made

eligible for election as members of municipal councils and also as

associate members of municipal commissions.

[Illustration: THE ACADEMY OF ARTS AND CRAFTS

The Academy of Arts and Crafts is one of the notable institutions which

make Havana an important centre of culture, both theoretical and

applied. This great school of technology was opened in 1882, and

occupies a fine building of dignified and impressive academic

architecture.]

The provincial and municipal elections occurred on August 1. There were

in the field three major political parties, namely, the Conservatives,

the Liberals and the Historical Liberals. The latter two were formed by

a split which had occurred in the Liberal party. The principal faction

was led by Jose Miguel Gomez, who claimed to be representative of the

original and only simon pure Liberals, and who regarded the other

faction as an illegitimate schism. The followers of Gomez accordingly

called themselves the Historical Liberal Party, but were popularly known

as the Miguelistas. The other faction was led by Alfredo Zayas and

called itself simply the Liberal Party, being popularly known as the

Zayistas. There was another insignificant faction which had been known

as the National Independent Party but which now merged itself with the

Zayistas. The third party was of course the Conservative.

The result of the elections of August 1 was the polling of 269,132 votes

or about 60 per cent. of the registration. The Conservatives elected

their candidates for Governor in the three provinces of Pinar del Rio,

Matanzas and Santa Clara. In the municipalities of the island the

Conservatives elected twenty-eight mayors, the Miguelistas thirty-five

and the Zayistas eighteen. The elections were conducted quietly and

legally, no serious charges of intimidation or fraud were made, and the

results were loyally accepted by men of all parties.

The campaign for the Presidential election was then continued with much

zeal. The results of the election of August 1 were taken deeply to heart

by the various Liberal leaders as demonstrating to them that the split

in their party would be fatal to them in the national election unless it

were healed or at least some sort of a modus vivendi were established.

Accordingly Jose Miguel Gomez and Alfredo Zayas "got together" and

agreed upon a compromise of their claims. It was altogether apparent

that Gomez was on the whole the stronger of the two candidates. Also he

was the older of the two men. Therefore it was agreed that he should

have the first chance at the Presidency of Cuba. He should be the

candidate at the coming election of 1908, but if he was successful in

being elected he should not seek a second term but at the end of his

first should step aside and give his support to Zayas as his successor.

With this understanding the party was reunited for the purposes of the

campaign. Gomez was made the candidate for the Presidency and Zayas was

nominated for the Vice-Presidency. The Conservatives nominated for the

Presidency General Mario G. Menocal and for the Vice-Presidency Doctor

Rafael Montoro.

The campaign was conducted with much spirit and earnestness but

generally in a dignified and law abiding manner. The chief stock in

trade of the Liberals was abuse of the former administration of Estrada

Palma, and of General Menocal as the inheritor of its traditions and

policies. There were also many intemperate attacks upon Doctor Montoro

because of his former association with the Autonomist party and the

brief Autonomist Government during the later part of the War of

Independence. How insincere this criticism of Dr. Montoro was appeared a

little later when that statesman was appointed to a very important

office under the Gomez administration.

The election occurred on November 14, under the general supervision of

the American Government of Intervention, and was conducted in a peaceful

and legal manner, giving no cause for serious complaints on either side.

The result of the polling was a decisive victory for the Liberal party.

Of the 331,455 votes the Liberals polled 201,199 and the Conservatives

130,256, there being thus a Liberal majority of 70,943. The Liberals

carried all six provinces of the island, obtaining their largest

majorities in Havana, Santa Clara and Oriente. Gomez and Zayas were

assured of the entire electoral vote, though under the law of

proportional representation for minorities the Conservatives elected

thirty-two members of Congress to the Liberals' fifty-one.

Various reasons were assigned for this decisive defeat of General

Menocal. One was, that the Liberals were in the public eye as coming

men. It was said that as their leaders had never been tried as directors

of the Republic, it was time to give them an opportunity to show what

they could do. The policy which the Liberals had outlined in advance was

very attractive to certain classes of the population. They promised to

abolish the law which General Wood had made, prohibiting cock-fighting.

They even harked back to "Jack" Cade for inspiration, and promised that

when they came into power there should be no necessity for men to work

as hard as they had been doing. In token of these two promises they

adopted as their pictorial emblem in the campaign a plow standing idle

in a weed-grown field without plowman or oxen, and with a fighting cock

perched upon its beam. Their campaign cry might therefore appropriately

have been "Cockfighting and Idleness!" It is not agreeable to recall

that such issues appealed to so large a proportion of the citizens of

Cuba that upon them the election of 1908 was won.

Much of the stock in trade of the Liberal campaign consisted also in

denunciation of General Menocal. The Liberals declared that he was

representative of the class and the régime that had practically been

dismissed by the United States government in the Second Intervention,

namely, the "silk-stocking" or intellectual class, which did not

sympathize with the people and with the real cause of popular liberty.

It was also pointed out as though it were an opprobrious fact that

General Menocal had associated with himself as Vice-Presidential

candidate Dr. Rafael Montoro, to whose character and ability not even

the Liberals ventured to take exception, but who had been an Autonomist.

When this reputed reason for his defeat was mentioned to General Menocal

he declared that he was willing to accept it, though he did not believe

it to be the true one; adding that after having been associated with Dr.

Montoro during the campaign and having intimately exchanged ideas with

him, he regarded him, Autonomist though he had been, as one of the best

men Cuba had ever produced, and would more gladly be defeated with him

than be victorious with the companion of his opponent.

The various provincial and municipal officers who had been elected on

August 1 took office and the new provincial laws went into effect on

October 1, 1908. Because of the persistent failure of the Cuban Congress

hitherto to enact new municipal legislation these were the first local

officials chosen by the people since the municipal elections which were

held under the first American Government of Intervention of 1901. Since

1901 all vacancies occurring in municipal offices had been filled either

by the votes of the municipal councils themselves or by appointment of

the national government. This was because no provision had been made for

their election by the people. Naturally this state of affairs gave great

dissatisfaction and repeated demands were made by the Liberals for the

removal of the holdover officials. It was also contended by the Liberals

that the election of members of the provincial councils in 1905 had

been illegal. Under the old law provincial governors and councilmen

were elected for four years and half of the council was renewed every

two years. Thus half of the council was elected in 1903 and these

members took their seats in 1904, and half were again elected in 1905

and took their seats in 1906. The contention of the Liberals was that

this latter half, of 1905-1906, were illegal. On April 6, 1908, the

terms of councilmen elected in 1903 and seated in 1904 expired, leaving

in office only those who had been elected in 1905 and seated in 1906,

whom the Liberals affected to regard as having been illegally elected,

and who in any case were not sufficient for a legal quorum. The Liberals

demanded therefore that all seats be declared vacant and that the powers

of the provincial assemblies be vested for the time in the Provisional

Government of Intervention. This was done, and the provincial governors

were also required to resign. These latter vacancies were filled

temporarily by the appointment of United States army officers, who

served until October 1, 1908, when they were succeeded by men elected by

the Cuban people.

There was undoubtedly great need for a thorough revision of the laws of

Cuba. Those existing at this time were for the most part a legacy of the

old Spanish government and it was quite obvious that laws which had been

enacted by a despotic government for the control of a subject colony

were not suited for a free and independent republic. They were certainly

not in harmony with the constitution which had been adopted. It was an

anomalous state of affairs that after the adoption of the constitution

Cuban municipalities should continue to be governed under the Spanish

provincial and municipal code of 1878. This code gave the Central

Government not only intimate supervision over but practical control of

all municipal affairs, even to the smallest details, and naturally was

very unsatisfactory to the people who were desirous of local home rule

as well as of national independence. In fact the efforts of the national

authorities to enforce these laws were regarded with displeasure and

actually caused strong local antagonism to the national government.

Under the second government of intervention, therefore, a commission was

organized in 1907 consisting of both Cubans and Americans, the former

being the majority, for the purpose of drafting elaborate codes of

electoral, municipal, provincial, judiciary and civil service laws. This

commission completed its work but all its recommendations were not

adopted. Its provincial and municipal codes were however put into effect

on October 1, 1908.

The general condition of the island during the second American

intervention was excellent so far as the maintenance of law and order

was concerned. This was largely due to the efficient work of the Rural

Guard, the operations of which were directed by a number of American

officers detailed for that purpose. While brigandage was not wholly

suppressed, it was much diminished and held in check.

One of the chief controversies with which the government of intervention

had to deal was that with the Roman Catholic church over various

properties formerly belonging to it which had been confiscated by the

Spanish government. There was some such property in the province of

Oriente, a part of extensive estates once held by certain monastic

orders. It had been taken by the Spanish government during the Ten

Years' War, and at the end of that conflict the government refused to

return it, but instead of doing so agreed to make an annual

appropriation for the benefit of the church. Upon the separation of

State and Church under American intervention in 1899 these

appropriations were discontinued, whereupon the church claimed that the

property should be restored to it. The validity of this claim was

recognized by the American government, but instead of complying with it

by actual restoration of the property that government purchased a part

of the property from the church at a price mutually agreed upon as

satisfactory. It was over the remainder of this property that the

controversy was renewed, and it was settled by a similar purchase in

1908. Another such controversy arose over valuable property in Havana,

which had been taken from the church by the government for the custom

house and other public offices; and it also was settled by fair purchase

on July 12, 1907.

After the installation of provincial and municipal officers on October

1, 1908, and after the successful conduct of the national election on

November 14 following, the American Government of Intervention busied

itself chiefly with preparations for withdrawing from the island and

returning the control and government to the representative of the Cuban

people. This was finally effected on January 28, 1909, when Governor

Magoon retired and Jose Miguel Gomez became President of Cuba. The total

cost to Cuba of the second American intervention was estimated at about

$6,000,000.

The general feeling of the responsible people of Cuba concerning the

second American intervention was one of extreme disappointment, owing to

the fact that they compared it with the intervention under General Wood,

or rather with the conduct of affairs under him. That first intervention

was under the control of military officers, and when they made up their

mind that a thing should be done, it was done, and as a rule well done,

and the example which was set in directing affairs of the government,

organizing public works, schools, in sanitation, and in auditing, made

the second intervention suffer by comparison.

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