CHAPTER XVIII

GOVERNMENT

Form of government.--Constitutions.--Presidents.--Election.--Powers.

--Executive secretaries.--Land and sea forces.--Congress.--Local

subdivisions.--Provincial governors.--Communal governments.

From the date of the declaration of independence, February 27, 1844,

down to the present time, with the exception only of a portion of the

period of Spanish occupation of 1861 to 1865, Santo Domingo has

remained in form at least, a republic. Herein it contrasts with its

neighbor Haiti, which has experienced several monarchies. Thus

Dessalines proclaimed himself emperor in 1804, Christophe assumed the

title of king in 1810 and Soulouque had himself declared emperor in

1849; and the latter two instituted pompous black nobilities. And

though the Cibao of Santo Domingo and the region south of the Central

Cordillera have ever been rivals and often in arms against each other

under competing generals, there has never been any tendency to

separate and form two states--as occurred in Haiti in 1806 when the

northern portion fell under the sway of Christophe for a period of

fourteen years, first as a nominal republic and later as a kingdom,

while the southern portion became a republic under Petion and finally

under Boyer.

But although the country has in form remained a republic and the title

of the chief of state has never been more pretentious than president

or protector, in fact there have been few years when the government

was not autocratic and the president an absolute monarch whose powers

were limited only by his own generous impulses or the fear of

alienating his more influential supporters. Dominican writers have

even referred to the constitution as a conventional lie.

The various Dominican presidents, as soon as securely in power, have

generally been careful to follow constitutional forms, in an effort to

deceive their followers and themselves into the belief that they were

acting in regular course as servants of the people. The successful

revolutionist was almost, always in haste to "legalize" his position

by an election. Most of the presidents, among them Heureaux, have been

great sticklers for form. Instead of moulding their wishes to conform

to the constitution, however, they would mould the constitution to

conform to their wishes, and repeatedly the first act of the

successful revolutionist has been to promulgate a new constitution in

accordance with his ideas. It has thus come to pass that the

constitution, far from being revered as the immutable foundation of

government, has rather been regarded as the convenient means for the

president in office to exercise power. From 1844 to the present time

nineteen constitutions have been promulgated in Santo Domingo, one in

the year 1844, one each in 1858, 1859 and 1865, two in 1866 and one

each in 1868, 1874, 1875, 1877, 1878, 1879, 1880, 1887, 1896, 1907

and 1908.

This extraordinary number is due in part to the practice of not

enacting amendments to an existing constitution, but of promulgating

the amended instrument as a new constitution. On three of the

occasions here indicated a constitution was abrogated in order to

revive a prior one. No account is taken in the above computation of

the instances where a successful revolutionist in order to announce

his adherence to the then existing constitution promulgated the same

anew. Thus the constitution of 1896 was reestablished in 1903.

The Dominican constitutions have all been modeled on the general lines

of that of the United States, and have differed from each other only

in detail. The term of office of the president has varied from one to

six years and the powers conferred upon him have been more or less

ample. The constitution of 1854, revived in 1859, 1866 and 1868,

practically invested him with dictatorial powers, and the only

legislative assembly it provided for was an "Advisory Senate" of

nine members.

The present constitution was drafted by a constitutional assembly

which sat in Santiago de los Caballeros in the early part of 1908. It

is disappointing both as a literary and political document. The style

bears witness to the haste with which the instrument was compiled.

Provisions quite unsuitable to Dominican conditions are included, such

as that granting the right to vote to all male citizens over eighteen

years of age. Such an extension of the suffrage would be looked upon

askance even in countries where education is general, and in Santo

Domingo would constitute a serious danger if really put into effect.

While the presidential succession is left to be regulated by a law of

Congress, the constitution goes into minute details regarding

citizenship, naturalization and several other matters. Repeated

attempts have been made to secure a new constitution and in 1914

partial elections were held for a constitutional convention, but for

one reason or another the plan has not matured. A new constitution

will probably be provided in connection with the cessation of American

occupation.

According to the present constitution the president must be a native

born Dominican, at least thirty-five years of age and with a

residence of at least twenty years in the Republic. His term of office

is fixed at six years, to be counted from the day of inauguration. The

fact that no specific date is mentioned has repeatedly proved a matter

of convenience to successful revolutionists. The designation of a

presidential term of office in the various constitutions has thus far

been something of an irony, for of the 43 executives who have come to

the fore in the 70 years of national life, but three presidents have

completed terms of office for which they were elected: Baez one term,

Merino one and Heureaux four, nor was the distinction of these three

due to ought but their success in suppressing revolutionary movements.

Five vice-presidents completed presidential terms. Two presidents were

killed and twenty deposed. The other chief magistrates resigned more

or less voluntarily.

Of the 43 presidents 15 were chosen by popular election according to

constitutional forms, 5 were vice-presidents who succeeded to the

presidency, 4 were provisional presidents elected by Congress, 10

began as military presidents and then had themselves elected under

constitutional forms, and 9 were purely and simply military

provisional presidents.

A comparison of the list of presidents with the roster of executives

of Haiti reveals a disproportion, for though the black Republic has

been in existence since 1804, it has had but twenty-nine chiefs of

state, the average duration of whose rule was therefore much longer

than has been the case in Santo Domingo. It is to be observed,

however, that of the Haitian executives only one completed his term of

office and voluntarily retired; of the others, four remained in power

until their death from natural causes, eighteen were deposed by

revolutions, one of them, committing suicide, another being executed

on the steps of his burning palace, and still another being cut to

pieces by the mob; five were assassinated; and one is chief magistrate

at the present time.

The president and members of the Senate and House of Deputies are

elected by indirect vote. Electors whose number and apportionment

among the several provinces and their subdivisions are prescribed by

law, are chosen by general suffrage in what are called primary

assemblies in the several municipalities and constitute electoral

colleges which meet at the chief town of the respective province. The

electors having cast their votes for president the minutes of the

session are sent to the capital. The votes are counted in joint

session of Congress and the successful candidate is proclaimed by

that body.

Though the election procedure designated in the constitution was

gravely followed, yet not once in the history of the country has the

result of an election been in doubt, nor is there an instance when the

candidate of the government was not elected, excepting only the

election of October, 1914, when the American government brought

watchers from Porto Rico to avoid gross frauds and coercion. Usually

everything was prepared beforehand and the primaries and the meetings

of the electoral colleges were little more than ratification meetings.

The votes of the electoral colleges were generally unanimous in favor

of the government's candidate, yet the odd spectacle has repeatedly

presented itself, of a unanimously elected president being driven out

of the country within a few months by a general revolution.

The constitution authorizes the president to conclude treaties with

the consent of Congress, to appoint certain government officials, to

receive foreign diplomatic representatives, and to grant pardons in

certain cases, and makes him commander-in-chief of the army and navy.

Most of the chief magistrates have not felt themselves hampered,

however, whether in peace or war, by any enumeration of powers in the

constitution, for their ascendancy has generally been such that their

wishes would be complied with and their illegal acts ratified or

ignored by a subservient Congress. President Heureaux so controlled

Congress, the courts, and all public functionaries, that the

government was practically identical with his personality.

The constitution provides that in case of the death, resignation or

disability of the president the Congress shall by law designate the

person who is to act as president until the disability ceases or a new

president is elected, and that if Congress is not sitting the Cabinet

officers are immediately to call a session. This is an innovation, as

from 1853 to 1907 the Dominican constitutions provided for a

vice-president. The vice-president was generally a decorative feature.

He was required to possess the same qualifications as the president

and was chosen with the same formalities, but no duties were assigned

to him, not even that of presiding in Congress, so that his only

attribute was the glory of being a president in escrow. The newly

elected vice-president therefore often quietly retired to his farm,

emerging occasionally to act in the president's stead when the latter

left the capital on a trip through the country. Frequently the

vice-president was made delegate of the government in some part of the

country and at times he was invested with a portfolio as one of the

cabinet secretaries. During the administration of a strong president,

as in the time of Heureaux, the vice-president was generally one of

his satellites, whereas, when the president's power was not so firmly

established, as in the administrations of Jimenez and Morales, one of

his rivals would be mollified by the vice-presidency. In such cases

friction frequently developed, and in the two cases specified the

vice-presidents and presidential rivals, Vasquez and Caceres,

overthrew the president and established themselves in power. Evidently

in order to avoid such disturbances and temptations the constitution

of 1908 abolished the office of vice-president. The lack of a definite

successor to the president, however, enabled Victoria to seize the

presidency after the death of Caceres in 1911 and has given rise to

uncertainty and trouble in the cases of presidential succession since

that time.

It has been a custom, sometimes expressly authorized by the

constitution, for the president to delegate executive powers and

prerogatives to persons selected by him in various parts of the

country, especially where revolutionary uprisings threatened. There

has usually been such a delegate of the government in the Cibao and

often one in Azua. They are powerful officials, inasmuch as they are

regarded as the direct representatives of the president and his

administration, command the local military forces, and constitute the

fountain-head of all local executive appointments. Nominations as

delegates of the government have been preferably conferred upon

provincial governors or upon the vice-president. The president is

naturally anxious to repose such powers in one of his confidants, but

political exigencies have sometimes obliged him to soothe one of his

rivals with the distinction and remain on the qui vive thereafter.

More than one governmental delegate has overthrown the president and

established himself in power.

Provisional presidents have been numerous in Dominican history. After

a successful revolution the victorious general usually proclaimed

himself president of a provisional government and until the

constitution was again declared in force he and his ministers united

executive and legislative power. How far the acts of such de facto

governments were legally binding upon the Republic has been questioned

in cases where obligations were imposed upon the country, but foreign

governments in asserting their rights have paid little attention to

such quibbles.

The constitution provides that there shall be such executive

secretaries as may be determined by law. They are currently referred

to as ministers and their number has been fixed at seven, namely, (1)

secretary of the interior and police (interior y policia); (2)

secretary of foreign relations (relaciones exteriores); (3) secretary

of finance and commerce (hacienda y comercio); (4) secretary of war

and the navy (guerra y marina); (5) secretary of justice and public

instruction (justicia e instrucción pública); (6) secretary of

agriculture and immigration (agricultura e inmigración); (7) secretary

of public development and communications (fomento y comunicaciones).

Communication between Congress and the executive departments is

rendered easier than in the United States by the constitutional

provision that the secretaries of state are obliged to attend the

Congressional sessions when called by Congress. This right of

interpellation has frequently been exercised.

The secretary of the interior and police is at the head of an

important department. He is the administrative superior of the

provincial governors and the communal and cantonal chiefs. His

position renders him the sentinel of the government for the detection

of revolutionary movements.

The foreign office of the Republic is directed by the secretary of

foreign affairs. The diplomatic service of Santo Domingo is limited

to the modest needs of the country, the more important posts being

those of minister plenipotentiary in the United States, Haiti and

France and chargé d'affaires in Cuba and Venezuela. The majority of

consuls depend altogether upon consular fees for their remuneration,

only a few of the more important being provided for in the budget. The

consulates of most consequence have been considered to be those in the

surrounding West India Islands and in New York City, for apart from

their commercial relations with the Republic these places have been

the favorite haunts of conspiring political exiles. Almost all the

European countries are represented in the Dominican Republic either by

ministers, chargés d'affaires or consuls. Of the diplomatic

representatives residing in Santo Domingo City the highest in rank is

the American minister. Before 1904 the American minister to Haiti was

accredited to the Dominican Republic as chargé d'affaires. The United

States has consular representatives at all the principal ports, there

being an American consul at Puerto Plata and consular agents

elsewhere. In the past, great respect has been shown to consulates

even to the extent of allowing them privileges of extra-territoriality,

and frequently political refugees have sought asylum under the flag of

a mere consular agent.

The secretary of finance and commerce has charge of the sources of

national income, and the customs and internal revenue services, and

under his authority the disbursements of the Republic are audited. The

office for the compilation of statistics, organized a few years ago,

is also in this department.

The army, rural police, navy and the captaincies of the port are under

the supervision of the secretary of war and the navy. This official is

always a military man and generally takes the field in person in

cases of revolutionary uprisings. During the insurrection of Jimenez

against Morales in 1903-4, two of Morales' ministers of war were

killed in battle.

Upon the American occupation in 1916 the military force of the

Republic was disbanded. There were at that time twelve military posts,

one in the capital of each province. The commanders and their aides

and the chiefs of forts and their assistants were treated as distinct

from the regular army. The army's strength and organization have

varied greatly; at the time of its dissolution the authorized strength

was one infantry regiment of about 470 officers and men, and a band of

33 men. Only a few months before, the preceding budget had authorized

an infantry force of about 800 officers and men and a battery of

mountain artillery of 100 officers and men, in addition to the

all-important band. In reality, however, only the membership of the

band was certain; in time of war the rest of the military

establishment was much larger, and in time of peace it comprised

numerous phantom soldiers, whose salaries were nevertheless regularly

collected from the national treasury. Service was supposed to be

voluntary, but the "volunteers" were generally picked out by communal

chiefs and brought in under guard, sometimes tied with ropes to keep

them from deserting.

There was also an inefficient and overbearing rural police called the

"Guardia Republicana," supposed to consist of seven companies of about

800 officers and men, but here too things were not what they seemed.

The higher officers of the Republican Guard were a brigadier-general,

a colonel, a lieutenant-colonel and 2 majors; those of the army only a

colonel, 2 lieutenant-colonels and 2 majors, which was very modest for

a country teeming with generals and where the budget of 1909 even

appropriated $20,000 for a "corps of generals at the orders of the

president."

The American garrison in the Republic, comprising about 1000 men, took

over the military posts in the Republic and lent strength to the

Guardia Republicana. By an order of the military governor, of April 7,

1917, the sum of $500,000 was set aside for the organization of a

constabulary force to be called the "Guardia Nacional Dominicana," to

take the place of the Dominican army, navy and police. This Dominican

National Guard is to be commanded by a citizen of the United States

and such other officers as the American government may consider

necessary. Its organization is far advanced and it has already

absorbed the Guardia Republicana. In it will be merged the frontier

guard of about 70 men depending on the general receiver's office, and

probably also the small municipal police squads that compel the

observance of municipal ordinances.

The Dominican navy is now composed of a single gunboat, the

"Independencia." At the end of Heureaux's rule the country boasted

three. The best of these was the "Restauración," which went on the

rocks at the entrance to Macoris harbor in one of the first conflicts

between the Jimenistas and Horacistas. The story goes that the steamer

was about to attack Macoris, that the pilot, in sympathy with the

opposition, grounded her with a view to having her captured, but that

a sudden storm drove her to complete destruction. Another gunboat was

the "Presidente," which had figured in history, for it was nothing

less than the yacht "Deerhound," on which the Confederate Admiral

Semmes took refuge after the sinking of the "Alabama" by the

"Kearsarge." In 1906 it was sent to Newport News for overhauling as

old age had made it unseaworthy, but since the repairs would have cost

more than the vessel was worth, it was sold for old iron. The

survivor, the "Independencia" is a trim vessel with a crew of fifty

officers and men. Attached to the general receiver's office are

several gasoline revenue cutters, recently provided.

The secretary of justice and public instruction has administrative

supervision over the courts, jails and schools of the Republic, and

the government subventions to primary and private schools are

disbursed under his direction.

The secretary of agriculture and immigration is the cabinet officer of

most recent creation. Prior to the 1908 constitution agriculture had

been in charge of the department of public development and there had

been no special provision for immigration. The importance of these

subjects for the Republic was felt to be such as to merit the

establishment of a special department. In practice the department has

done nothing, its efforts being hampered by revolutions and

circumscribed by the limited sums at its disposal. Its activities have

been confined to a general supervision of agriculture, the preparatory

work of the establishment of an agricultural experiment station and

the operation of a small meteorological service.

The department of public development and communications has charge of

the postal service of the Republic, of the national telegraph and

telephone, of the lighthouses, and of the public works carried on by

the government.

The size of the national legislature of Santo Domingo has fluctuated

considerably. Under the 1896 constitution the Congress consisted of a

single house of twenty-four members, two from each of the then

existing six provinces and six districts. The increase of the

national income permitting greater expenditures, the constitution of

1908 provided for two houses, one called the Senate, the other the

Chamber of Deputies. The Senate is composed of twelve members, one

from each province, elected by the same electoral colleges that elect

the president and holding office for six years. One-third of the

Senate is renewed every two years. The number of members of the

Chamber of Deputies is supposed to be in proportion to the number of

inhabitants of the various provinces, but as there has been no census

the number is provisionally fixed at twenty-four, two from each

province. The members of the Chamber of Deputies are elected for a

term of four years, also by the electoral colleges, which at the same

time designate alternates for the several members.

Congress meets each year in regular session on the anniversary of

Dominican independence, February 27, and its session is limited to

ninety days, which may, however, be extended sixty days more. Since

there are no provincial legislatures the powers of the Congress, set

forth in the Constitution, are sweeping. They include the right to

legislate in general for every part of the Republic, to approve or

reject treaties and to try the president, cabinet members and supreme

court judges on impeachment charges.

In practice the elections for deputies have been as perfunctory as

those for president, though there were occasional contests. The

character and attitude of Congress has varied with the character and

condition of the presidents. During the incumbency of strong leaders,

such as Santana, Baez and Heureaux, the Congress was little more than

the tool of the executive, but when the personality of the president

was not so overwhelming or when many of the deputies were followers of

a rival chieftain, as in the administrations of Jimenez and Morales,

an independent and sometimes a nagging spirit has been manifested.

Under the American occupation the Congress was by decree of January 2,

1917, declared in abeyance and all executive and legislative powers

are temporarily exercised by the commander of the American forces. The

heads of executive departments are officers of the American navy or

marine corps. Otherwise the general structure of the government

remains as before. The theory that Santo Domingo is an independent,

sovereign country is carefully followed, though at times it leads to

anomalous situations, as when the American military governor issues

exequaturs to American consuls in Santo Domingo "by virtue of the

powers vested in me by the Constitution of the Dominican Republic," or

when the American minister, Hon. W. W. Russell, representing the

United States and receiving his instructions from the United States

State Department, calls on Admiral H. S. Knapp, chief executive of

Santo Domingo, who takes his orders from the United States Navy

Department.

For administrative purposes the Republic is divided into twelve

provinces; Azua, Barahona, Espaillat, La Vega, Macoris, Monte Cristi,

Pacificador, Puerto Plata, Samana, Santiago, Santo Domingo and Seibo.

Formerly six were known as provinces and six as maritime districts,

though there was in practice no distinction between them. The

provinces are subdivided into communes and cantons--a canton being a

commune in embryo--and these in turn are subdivided into sections.

Congress is empowered to create new provinces, communes and cantons.

In the twelve provinces there are now sixty-five communes, several

comprising cantons. The provinces bear the names of their capital

towns, except Espaillat and Pacificador, the former of which is

called after Ulises F. Espaillat who took a prominent part in the War

of Restoration and was president in 1876, and the latter in honor of

President Heureaux, on whom a fawning Congress conferred the title of

Pacificador de la Patria, but these also are sometimes known by the

names of their capitals, Moca and San Francisco de Macoris. The

communes bear the names of their urban centers. Towns with long names

are usually referred to by part of the name only, thus Santa Cruz del

Seibo is known simply as El Seibo, Santa Barbara de Samaná either as

Santa Barbara or as Samana, etc.

At the head of each province is an official who bears the title of

governor. He acts as the direct agent of the president and is chief of

the government police and commander of the military forces of the

district. In civil matter he is dependent upon the department of the

interior and police, in military affairs he is under the department of

war and the navy. The governors are appointed by the president of the

Republic and their salaries are paid from the national treasury. Under

the present American occupation the various provinces still have their

governors, but the real governors are the American officers locally in

command of the occupation forces.

In each commune and canton there is a communal or cantonal chief who

represents the governor of the province. He is paid by the national

government and is charged with the preservation of the peace in his

jurisdiction. Again in each section there is a sectional chief, a

local police officer who depends on the communal chief.

The system of local chieftains of gradually diminishing category has

brought Santo Domingo to resemble in some administrations a feudal

monarchy rather than a constitutional republic. As governor the

president usually chose prominent men of the locality, either friends

whom he wished to reward or opponents or rivals whom he was obliged to

placate. The communal chiefs were also appointed by the president,

though the governor's wishes were respected to a large extent, and

here too men of influence were selected, such influence usually being

reckoned by the possession of a devoted following. The section chiefs

were chosen under similar considerations.

Though the law prescribes the duties of the governors, their local

prestige, their authority as commanders of the military, and their

activities in revolutionary times, have so exalted their position as

to convert them into something like satraps and make them powerful

supporters or dangerous rivals of the president. Many insurrections

have been inaugurated by disaffected governors. At times provinces

have remained practically independent for many months, ruled merely by

the governor and a coterie of his friends, while the president, in the

impossibility of imposing his authority, was obliged to acquiesce. A

conspicuous example of such a peculiar state of affairs was furnished

by the district of Monte Cristi, during the presidency of Morales. In

December, 1903, the formidable insurrection of Jimenez against

Provisional President Morales originated in Monte Cristi and though

the government gradually regained the remainder of the country it was

unable to subjugate this district, where the entire population was

Jimenista and the character of the country rendered campaigning very

difficult. Finally in the spring of 1904 a formal treaty was signed by

which the insurgents agreed to lay down their arms upon the

government's promise not to interfere in their district, where all

executive appointments were thereafter to be made as recommended by

the local authorities. Though constitutional forms were still

observed a few military chiefs thus assumed the direction of affairs.

Whenever any executive appointment was to be made, the name of the

nominee was certified to the capital to be ratified as a matter of

course; when orders came from Santo Domingo City, whether in civil or

military affairs, they were obeyed or ignored as convenience dictated;

the entire amount of the revenues collected in the Monte Cristi

custom-house was retained in the district. In order to stimulate

imports and increase the customs collections the local authorities

even conceded a secret discount from the general tariff. With the

enforcement of the San Domingo Improvement Company's arbitral award

and the inauguration of the receivership for Santo Domingo the control

of the custom-house passed out of the hands of the local chieftains,

who sullenly protested as against an invasion of their treaty rights.

In other matters the autonomy of the district remained unimpaired

until the beginning of 1906 when upon the fall of Morales the

government troops, in suppressing the revolution in the north, overran

Monte Cristi province and restored its dependency upon the central

government.

The healthiest and most important political subdivisions in Santo

Domingo are the communal governments, and whatever progress has been

made in the Republic has been due largely to their initiative. They

correspond to the Spanish "municipios" and the French "communes." In

Santo Domingo the French name was introduced during Haitian

occupation. The various towns constitute the centers of government,

their jurisdiction extends over the surrounding rural districts, and

the affairs of the whole are administered by a municipal council. The

powers of such councils are manifold and far-reaching and their

importance has been accentuated by the chronic impotency of the

central government to foster public improvements. The councils

exercise all the faculties commonly pertaining to city councils

elsewhere and have control of education, sanitation, streets and roads

in their respective districts. They also act as election boards.

When an outlying hamlet of the rural belt has grown to sufficient size

it is erected into a municipal district or canton and accorded a

justice of the peace and a cantonal chief and governing board. It

remains subject, however, to the municipal council of the commune of

which it formed a part until further development warrants its

segregation as an independent commune with its own council. The

cantons, as well as some of the sections, are also provided with a

cemetery and a small church or chapel.

From among their number the municipal councilmen select a president

who is regarded as mayor of the commune, though many of the duties

elsewhere pertaining to mayors are discharged by an official called

the syndic. The councilmen are supposed to be elected for a term of

two years, but the oft repeated revolutions have interfered as

seriously with their terms of office as with everything else. The

average Dominican seems to manifest little interest in his municipal

elections; my question as to when the last local election was held

would generally be answered with uncertainty: "Last January, no, last

April, no, I believe it was in November." After all, the elections

have usually been mere ratifications of slates prepared beforehand. In

the time of Heureaux the lists of new councilmen were often arranged

in the capital and a few days before election remitted to the various

towns, even with a designation of the person whom the council was

later to choose as its president.

The results of such a method of selection of councilmen has not been

as unfavorable as might be expected. The position of councilman pays

no salary and is not of sufficient importance to appeal to the

politician, so that under the present system the principal merchants

and other prominent men are frequently designated. The law does not

prohibit foreigners from forming part of the municipal councils and

they have frequently been chosen, especially in Puerto Plata.

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