CHAPTER XXXI.

JUDICIAL AND MILITARY.

1887.

JUDICIAL SYSTEM OF GUATEMALA—JURY TRIALS IN THE SEVERAL STATES—COURTS OF HONDURAS—ABSENCE OF CODES IN THE REPUBLIC—DILATORY JUSTICE—IMPUNITY OF CRIME IN HONDURAS AND NICARAGUA—SALVADOR'S JUDICIARY—DILATORY PROCEDURE—CODIFICATION OF LAWS IN NICARAGUA—COSTA RICAN ADMINISTRATION—IMPROVED CODES—PANAMÁ COURTS—GOOD CODES—PUNISHMENTS FOR CRIME IN THE SIX STATES—JAILS AND PENITENTIARIES—MILITARY SERVICE—AVAILABLE FORCE OF EACH STATE—HOW ORGANIZED—NAVAL—EXPENDITURES—MILITARY SCHOOLS—IMPROVEMENTS.

During the Spanish rule the administration of justice in Central America was vested in the real audiencia, composed of a regente, several oidores, a fiscal, and secretary, the governor, captain-general of the provinces, being ex-officio the president. The courts of first resort were filled by alcaldes mayores.[XXXI-1]

One great step taken early in the nineteenth century was the abolition of torture of prisoners and witnesses.[XXXI-2] The córtes had previously, in September 1813, decreed the abolishment of flogging for crime, or in houses of correction, seminaries, schools, etc.[XXXI-3]

Soon after the establishment of the Central American confederation, the national constituent assembly organized a supreme court of justice for the state of Guatemala. Since the dissolution of the confederation, the judicial system of the several states has undergone many changes, which it would occupy too much space to detail here.[XXXI-4] I will therefore confine myself to the present organizations, giving such other particulars as are of general interest.

[Sidenote: PRESENT JUDICIAL SYSTEM.]

In Guatemala the administration of justice is intrusted to a supreme court, four chambers or sections of second resort in the capital, and one court of second resort in Quezaltenango.[XXXI-5] There are also courts of first resort and lower courts for the adjudication of petty civil cases, or the correction of trivial offences. The jury system was formally established by the liberal government in 1872.[XXXI-6]

The legislature, recognizing the necessity of amending the existing codes, authorized the executive to issue laws conducive thereto, which was done.[XXXI-7] The government has caused the construction of two penitentiaries, one in the city of Guatemala, and the other in Quezaltenango.[XXXI-8]

Under the late organization justice is administered with fair regularity and promptness.[XXXI-9] During Barrios' rule an efficient police was organized in the capital.

In Honduras the absence of a penal code caused delays in the prosecution of criminals, and there being no good jails or prisons, their offences often went unwhipped of justice.[XXXI-10] Hence the numerous robbers and assassins then infesting the frontiers. However, we are assured that in the well-settled portions of the country life and property were secure. Capital punishment being abolished by the constitution, the severest punishment that could be inflicted was that of 500 blows with a heavy withe of the consistency of India-rubber.[XXXI-11]

The government in 1876 and succeeding years introduced reforms in the police department. The political disturbances, which had nullified the action of the courts, being now at an end, the supreme and lower courts were at once reorganized, and permitted to exercise their functions. But the non-existence of suitable penal establishments, and the antiquated legislation, were powerful drawbacks. The minister-general was directed by the president to procure the best works on legislation, and the most noted codes on civil and criminal matters, as well as on mining, commerce, etc., with the view of placing the materials in the hands of competent persons, who were to form codes suited to the requirements of the country.[XXXI-12] Such work demands careful study, and time to accomplish it. I am not aware that it is even commenced.

[Sidenote: SALVADOR AND NICARAGUA.]

The laws of Salvador were codified in 1875.[XXXI-13] The judiciary is vested in a supreme court, tribunals, juries,[XXXI-14] and inferior judges established by the constitution and the laws.[XXXI-15] The president in his message of 1878 to congress stated that the administration of justice was not yet as expeditious as it should be, owing chiefly to confusion in the laws, to obviate which he had appointed commissioners to study them, and introduce harmony in the legislation.[XXXI-16] During the year 1878 the chamber of third resort issued 188 decisions, comprising final sentences and decrees in civil and criminal causes.[XXXI-17]

The administration of justice in Nicaragua is vested in a supreme court and a variety of lower courts.[XXXI-18] The supreme court is divided into two sections, one residing at Leon, and the other at Granada.[XXXI-19] The alcalde of each town has cognizance of civil cases not exceeding $100 in value, and of simple infractions of police ordinances. Cases of greater importance must go before the judge of first resort.[XXXI-20]

The laws have never been collected and revised to form one body of legislation. The only ones published, to my knowledge, are the code of commerce, on March 12, 1869; the civil code, on March 31, 1871; that of civil procedure, in May 1871; and lastly, the laws on hacienda, in 1872.[XXXI-21] The executive in his message of 1871 complained that the legislation was defective, and that it was almost impossible to terminate suits at law.[XXXI-22] In criminal causes the constitution enjoined the greatest precautions and restrictions for inflicting the death penalty, which was by shooting the prisoner. But that penalty was finally abolished on the 31st of March, 1873.[XXXI-23] Trial by jury for grave offences was established on the 31st of March, 1871. Punishments for other offences are, under the penal code of 1839,[XXXI-24] detention for a long or short term, with or without pecuniary fines, in chains or without them, and with hard labor, or none. Women sentenced for serious crime are made to work in the hospitals. Incorrigible criminals of the male sex may be sentenced to receive a number of blows on the bare back, even as many as 500, as elsewhere.[XXXI-25]

The number of criminal prosecutions initiated from December 1, 1880, to Nov. 30, 1882, throughout the republic, were 1,976 of men and 161 of women, a total of 2,137.[XXXI-26]

[Sidenote: COSTA RICA JUDICIARY.]

Costa Rica, as soon as she became a member of the Central American confederation, organized a judiciary of her own, consisting of a superior court, several tribunals of first resort in the provinces, and the alcaldes of towns, who were justices of the peace, with jurisdiction over petty affairs both civil and criminal. The supreme court has since undergone many changes, which would occupy too much space to detail. Its members have been sometimes appointed by the executive, and at others chosen by the people or the legislative body.[XXXI-27] At present, they are elective, the court being formed with the following personnel: president of the full court, presidents of the first and second sections, six justices, secretary, and the requisite clerks, etc.[XXXI-28] The administration of justice in the first instance is vested in courts sitting in each province, and having civil and criminal jurisdiction, except in the province of San José, which has a civil and a criminal court, distinct from one another.[XXXI-29]

Costa Rica adopted in or about 1841 a civil and penal code, and likewise a code of procedure, with which she rid herself of the old cumbersome and expensive legislation.[XXXI-30] But nothing was done toward improving this work. Indeed, the administration of justice in Costa Rica is not what it should be, not for lack of honesty, ability, or laboriousness on the part of the courts, but because of the antiquated and inadequate civil legislation and mode of procedure.[XXXI-31]

The government, after obtaining the authorization of the national congress, appointed a commission to form new codes.[XXXI-32] No difficulties were apprehended in regard to the civil code; but the penal code, involving the manner of dealing with criminals, has required a more careful study, with the view of abandoning the old vindictive system.[XXXI-33]

Under the new penal code there were to be three separate presidios for different grades of criminals; but owing to scarcity of funds only two were established, one on Coco Island, and the other on San Lúcas.[XXXI-34] But later, under an executive order of November 6, 1882, the prisoners on Coco were removed to San Lúcas, and thus were the three presidios which should have been separate merged into one.

Under the latest constitution of the state of Panamá, the judiciary was comprised of the following: a superior court in the state capital;[XXXI-35] one district court for civil and one for criminal affairs in the same city; in the other departments the district judge has jurisdiction over civil and criminal causes. In each ward of the capital there is an alcalde, and in the country a regidor for each canton.[XXXI-36]

[Sidenote: PANAMÁ MATTERS.]

A penal code was adopted by the constituent assembly in July 1863, under which capital punishment was abolished, and the highest penalty established was that of ten years in chains with hard labor.[XXXI-37] A contract was entered into with Justo Arosemena in 1868 to revise some codes and form others,[XXXI-38] and in general to codify all existing laws. The contract was fully carried out, and the state became possessed of a full and well-arranged system of legislation.

Of the criminal prosecutions initiated in 1876 only thirteen per centum resulted in convictions, which elicited from the government secretary some deprecatory remarks.[XXXI-39] The state had in 1880 an organized body of police of a little over forty men including the officers. The men are armed with a club, and on extraordinary occasions with carbines or rifles.[XXXI-40] The prison arrangements have nothing to commend them.[XXXI-41]

* * * * *

In regard to the military department of the Isthmus, hardly anything can be said with certainty. It might possibly, in an emergency, keep under arms 3,000 or 4,000 men for a short period. The force in active service has varied with circumstances from 400 or 500 to 75.[XXXI-42] The number of commissioned officers has ever been large, and not a few of them received pay without rendering any service worth mentioning.[XXXI-43] The general government of Colombia usually keeps a force of its own, varying between 150 and 500 men, with the double object of guarding the transit from interruption, and of controlling the political situation.

The available military force of Costa Rica for active service is close upon 15,000 men, to which must be added a reserve of nearly 6,000, the national guard of about 3,500, and the field and company officers numbering 2,485. The garrisons of San José, Cartago, Heredia, Alajuela, Liberia, and Puntarenas in 1883 aggregated less than 500, including officers, and 85 musicians, a reduction of 128 from the preceding year.[XXXI-44] The garrison formerly kept at the president's house was suppressed. Schools exist for instructing the militia officers. A good supply of arms, ammunition, and other war material is kept in serviceable condition.[XXXI-45] Costa Rica formerly had a navy of three steam vessels and one schooner. The latter is all she has now, besides two small steamers used for the protection of the revenue.

[Sidenote: ARMY AND NAVY.]

In Nicaragua the army continued in the biennial period of 1881-2, as formerly organized, in three divisions of 3,200 men each, which might easily be increased, but that number was deemed sufficient to cover the garrisons.[XXXI-46] The republic is provided with artillery and other arms, as well as with the requisite ammunition. Invalided men, and widows and orphans of the soldiers, receive pensions.[XXXI-47]

Nicaragua may in the course of time become a maritime nation. At present there is no Nicaraguan navy. The naval service is reduced to the mere police of the ports of San Juan del Norte, San Juan del Sur, and Corinto.

Honduras has but a small number of men under arms in time of peace, but all male citizens from 18 to 50 years must do military service in time of war.[XXXI-48]

The men do not make a fine display, but will march from 50 to 60 miles a day with no other food than a plantain and a little cheese, and when well officered, will fight desperately.

The government has had it in contemplation to introduce some order in the service, and to develop a sentiment of respect and appreciation of the military profession; but I am not aware that any change for the better has taken place. Honduras has forts at Omoa and Trujillo, the same which existed in the Spanish domination; they could offer resistance to scarcely any force bombarding them from the sea.

The government of Salvador, in May 1879, ordered a complete reorganization of the army, fixing its force at 20,000 men in four divisions,[XXXI-49] whose commander-in-chief should be the president of the republic,[XXXI-50] who allowed himself four aides-de-camp of the rank of colonel, four of the grade of lieutenant-colonel, and eight others from captains to sub-lieutenants. The term of military service was fixed at six years, each man being credited with double time for active service. The cost of the force doing garrison duty, which in 1876 had been fixed at 1,427 men—exclusive of the general staff, other officers of all grades, and two music bands—was computed at $31,788 per month.[XXXI-51]

An act of congress of January 1877 suppressed pensions of officials on retiring from service, and extended the rule to military men having means of their own for support. The retired pension was to be paid only to destitute ones, and in no case was it to exceed fifty dollars a month.[XXXI-52] A new military code was promulgated on the 1st of January, 1880.[XXXI-53]

In Guatemala military service is required of every male citizen of the ages of 18 to 50, excepting Indians, priests, 'students,' and those who pay fifty dollars a year for exemption.[XXXI-54] The strength of the army is estimated at 16,000, but there is no doubt that a larger force can be raised when needed. The following are the grades of commissioned officers in the service: generals of division and of brigade,[XXXI-55] colonel, lieutenant-colonel, first and second comandantes, captain, lieutenant, and sub-lieutenant.[XXXI-56]

[Sidenote: GUATEMALA AFFAIRS.]

The government of President Barrios labored assiduously in providing the country with a well-disciplined militia, having competent officers, as well as with the other necessary elements of a perfectly organized army. The military school has already furnished useful officers.[XXXI-57] The ranks are filled without dragging men from their usual vocations; garrisons are frequently relieved, the active service being distributed among the several departments. Citizens have since looked on the profession as one of honor and glory, instead of shunning it as in former times.[XXXI-58] A well-provided hospital was established in the capital, which went into operation on March 15, 1881.[XXXI-59]

The expenditures of the war department for the fiscal year 1883 were $1,031,501.[XXXI-60]