Part 10

Then was issued the celebrated Royal Order of May 29, 1825, under which Cuba has been governed to the present hour. This Royal Order is the only constitution of Cuba. It was probably intended merely as a temporary order to the then Captain-General; but it has been found convenient to adhere to it. It clothes the Captain-General with the fullest powers, the tests and limit of which are as follows: " ... fully investing you with the whole extent of power which, by the royal ordinances, is granted to the governors of besieged towns. In consequence thereof, His Majesty most amply and unrestrictedly authorizes your Excellency not only to remove from the island such persons, holding offices from government or not, whatever their occupation, rank, class, or situation in life may be, whose residence there you may believe prejudicial, or whose public or private conduct may appear suspicious to you...." Since 1825, Cuba has been not only under martial law, but in a state of siege.

As to the more or less of justice or injustice, of honesty or peculation, of fidelity or corruption, of liberality or severity, with which these powers may have been exercised, a residence of a few days, the reading of a few books, and conversations with a few men, though on both sides, give me no right to pronounce. Of the probabilities, all can judge, especially when we remember that these powers are wielded by natives of one country over natives of another country.

Since 1825, there has been no legislative assembly in Cuba, either provincial or municipal. The municipal corporations (ayuntamientos) were formerly hereditary, the dignity was purchasable, and no doubt the bodies were corrupt. But they exercised some control, at least in the levying and expending of taxes; and, being hereditary, were somewhat independent, and might have served, like those of Europe in the middle ages, as nuclei of popular liberties. These have lost the few powers they possessed, and the members are now mere appointees of the Captain-General. Since 1836, Cuba has been deprived of its right to a delegation in the Cortes. Since 1825, vestiges of anything approaching to popular assemblies, juntas, a jury, independent tribunals, a right of voting, or a right to bear arms, have vanished from the island. The press is under censorship; and so are the theaters and operas. When "I Puritani" is played, the singers are required to substitute Lealtad for Libertad, and one singer was fined and imprisoned for recusancy; and Facciolo, the printer of a secretly circulated newspaper, advocating the cause of Cuban independence, was garroted. The power of banishing, without a charge made, or a trial, or even a record, but on the mere will of the Captain-General, persons whose presence he thinks, or professes to think, prejudicial to the government, whatever their condition, rank, or office, has been frequently exercised, and hangs at all hours over the head of every Cuban. Besides, that terrible power which is restrained only by the analogy of a state of siege, may be at any time called into action. Cubans may be, and I suppose usually are, regularly charged and tried before judges, on political accusations; but this is not their right; and the judges themselves, even of the highest court, the Real Audiencia, may be deposed and banished, at the will of the military chief.

According to the strictness of the written law, no native Cuban can hold any office of honor, trust, or emolument in Cuba. The army and navy are composed of Spaniards, even to the soldiers in the ranks, and to the sailors at the guns. It is said by the supporters of the government that this order is not adhered to; and they point to a capitán-general, an intendente, and a chief of the customs, who were Cubans. Still, such is the written law; and if a few Cubans are put into office against the law, those who are so favored are likely to be the most servile of officers, and the situation of the rest is only the more degraded. Notwithstanding the exceptions, it may be said with substantial truth that an independent Cuban has open to him no career, civil or military. There is a force of volunteers, to which some Cubans are admitted, but they hold their places at the will of the government; and none are allowed to join or remain with them unless they are acceptable to the government.

There are vexatious and mortifying regulations, too numerous and minute to be complied with or even remembered, and which put the people in danger of fines or extortion at every turn. Take, for instance, the regulation that no man shall entertain a stranger over night at his house, without previous notice to the magistrate. As to the absolute prohibition of concealed weapons, and of all weapons but the regulation sword and pistols--it was no doubt introduced and enforced by Tacón as a means of suppressing assassinations, broils and open violence; and it has made life safer in Havana than it is in New York; yet it cannot be denied that it created a serious disability. In fine, what is the Spanish government in Cuba but an armed monarchy, encamped in the midst of a disarmed and disfranchised people?

The taxes paid by the Cubans on their property, and the duties levied on their commerce, are enormous, making a net income of not less than $16,000,000 a year. Cuba pays all the expenses of its own government, the salaries of all officers, the entire cost of the army and navy quartered upon it, the maintenance of the Roman Catholic religion, and of all the charitable and benevolent institutions, and sends an annual remittance to Spain.

The number of Spanish men-of-war stationed on the coast, varies from twenty-five to thirty. Of the number of soldiers of the regular army in Cuba, it is difficult to form an opinion. The official journal puts them at 30,000. The lowest estimate I heard, was 25,000; and the highest was 40,000. Judging from the number of sick I saw at the Hospital Militar, I should not be surprised if the larger estimate was nearer the truth.

But details are of little importance. The actual administration may be a little more or less rigid or lax. In its legal character, the government is an unmixed despotism of one nation over another.

RELIGION

No religion is tolerated but the Roman Catholic. Formerly the church was wealthy, authoritative and independent, and checked the civil and military power by an ecclesiastical power wielded also by the dominant nation. But the property of the church has been sequestrated and confiscated, and the government now owns all the property once ecclesiastical, including the church edifices, and appoints all the clergy, from the bishop to the humblest country curate. All are salaried officers. And so powerless is the church, that, however scandalous may be the life of a parish priest, the bishop cannot remove him. He can only institute proceedings against him before a tribunal over which the government has large control, with a certainty of long delays and entire uncertainty as to the result. The bishopric of Havana was formerly one of the wealthiest sees in Christendom. Now the salary is hardly sufficient to meet the demands which custom makes in respect of charity, hospitality and style of living. It may be said, I think with truth, that the Roman Catholic Church has now neither civil nor political power in Cuba.

That there was a long period of time during which the morals of the clergy were excessively corrupt, I think there can be no doubt. Make every allowance for theological bias, or for irreligious bias, in the writers and tourists in Cuba, still, the testimony from Roman Catholics themselves is irresistible. The details, it is not worth while to contend about. It is said that a family of children, with a recognized relation to its female head, which the rule of celibacy prevented ever becoming a marriage, was general with the country priesthood. A priest who was faithful to that relation, and kept from cockfighting and gambling, was esteemed a respectable man by the common people. Cuba became a kind of Botany Bay for the Romish clergy. There they seem to have been concealed from the eye of discipline. With this state of things, there existed, naturally enough, a vast amount of practical infidelity among the people, and especially among the men, who, it is said, scarcely recognized religious obligations at all.

No one can observe the state of Europe now, without seeing that the rapidity of communication by steam and electricity has tended to add to the efficiency of the central power of the Roman Catholic Church, and to the efficacy and extent of its discipline. Cuba has begun to feel these effects. Whether they have yet reached the interior, or the towns generally, I do not know; but the concurrent testimony of all classes satisfied me that a considerable change has been effected in Havana. The instrumentalities which that church brings to bear in such cases, are in operation: frequent preaching, and stricter discipline of confession and communion. The most marked result is in the number of men, and men of character and weight, who have become earnest in the use of these means. Much of this must be attributed, no doubt, to the Jesuits; but how long they will be permitted to remain here, and what will be the permanent effects of the movement, I cannot, of course, conjecture.

I do not enter into the old field of contest. "We care not," says one side, "which be cause and which effect;--whether the people are Papists, because they are what they are, or are as they are because they are Papists. It is enough that the two things coexist." The other side replies that no Protestant institutions have ever yet been tried for any length of time, and to any large extent, with southern races, in a tropical climate; and the question--what would be their influence, and what the effect of surrounding causes upon them, lies altogether in the region of conjecture, or, at best, of faith.

Of the moral habits of the clergy, as of the people, at the present time, I am entirely unable to judge. I saw very little that indicated the existence of any vices whatever among the people. Five minutes of a street view of London by night, exhibits more vice, to the casual observer, than all Havana for a year. I do not mean to say that the social morals of the Cubans are good, or are bad; I only mean to say that I am not a judge of the question.

The most striking indication of the want of religious control is the disregard of the Lord's Day. All business seems to go on as usual, unless it be in the public offices. The chain-gang works in the streets, under public officers. House-building and mechanic trades go on uninterrupted; and the shops are more active than ever. The churches, to be sure, are open and well filled in the morning; and I do not refer to amusements and recreations; I speak of public, secular labor. The Church must be held to some responsibility for this. Granted that Sunday is not the Sabbath. Yet, it is a day which, by the rule of the Roman Church, the English Church in England and America, the Greek Church and other Oriental Churches--all claiming to rest the rule on Apostolic authority, as well as by the usage of Protestants on the continent of Europe--whether Lutherans or Calvinists--is a day of rest from secular labor, and especially from enforced labor. Pressing this upon an intelligent ecclesiastic, his reply to me was that the Church could not enforce the observance--that it must be enforced by the civil authorities; and the civil authorities fall in with the selfishness and gratifications of the ruling classes. And he appealed to the change lately wrought in Paris, in these respects, as evidence of the consistency of his Church. This is an answer, so far as concerns the Church's direct authority; but it is an admission either of feeble moral power, or of neglect of duty in times past. An embarrassment in the way of more strictness as to secular labor, arises from the fact that slaves are entitled to their time on Sundays, beyond the necessary labor of providing for the day; and this time they may use in working out their freedom.

Another of the difficulties the church has to contend with, arises out of Negro slavery. The Church recognizes the unity of all races, and allows marriage between them. The civil law of Cuba, under the interpretations in force here, prohibits marriage between whites and persons who have any tinge of the black blood. In consequence of this rule, concubinage prevails, to a great extent, between whites and mulattoes or quadroons, often with recognition of the children. If either party to this arrangement comes under the influence of the Church's discipline, the relation must terminate. The Church would allow and advise marriage; but the law prohibits it--and if there should be a separation, there may be no provision for the children. This state of things creates no small obstacle to the influence of the Church over the domestic relations.

SLAVERY

It is difficult to come to a satisfactory conclusion as to the number of slaves in Cuba. The census of 1857 puts it at 375,000; but neither this census nor that of 1853 is to be relied upon, on this point. The Cubans are taxed for their slaves, and the government find it difficult, as I have said, to get correct returns. No person of intelligence in Cuba, however desirous to put the number at the lowest, has stated it to me at less than 500,000. Many set it at 700,000. I am inclined to think that 600,000 is the nearest to the truth.

The census makes the free blacks, in 1857, 125,000. It is thought to be 200,000, by the best authorities. The whites are about 700,000. The only point in which the census seems to agree with public opinion, is in the proportion. Both make the proportion of blacks to be about one free black to three slaves; and make the whites not quite equal to the entire number of blacks, free and slave together.

To ascertain the condition of slaves in Cuba, two things are to be considered: first, the laws, and secondly, the execution of the laws. The written laws, there is no great difficulty in ascertaining. As to their execution, there is room for opinion. At this point, one general remark should be made, which I deem to be of considerable importance. The laws relating to slavery do not emanate from the slave-holding mind; nor are they interpreted or executed by the slave-holding class. The slave benefits by the division of power and property between the two rival and even hostile races of whites, the Creoles and the Spaniards. Spain is not slave-holding, at home; and so long as the laws are made in Spain, and the civil offices are held by Spaniards only, the slave has at least the advantage of a conflict of interests and principles, between the two classes that are concerned in his bondage.

The fact that one Negro in every four is free, indicates that the laws favor emancipation. They do both favor emancipation, and favor the free blacks after emancipation. The stranger visiting Havana will see a regiment of one thousand free black volunteers, parading with the troops of the line and the white volunteers, and keeping guard in the Obra Pia. When it is remembered that the bearing arms and performing military duty as volunteers is esteemed an honor and privilege, and is not allowed to the whites of Creole birth, except to a few who are favored by the government, the significance of this fact may be appreciated. The Cuban slave-holders are more impatient under this favoring of the free blacks than under almost any other act of the government. They see in it an attempt, on the part of the authorities, to secure the sympathy and coöperation of the free blacks, in case of a revolutionary movement--to set race against race, and to make the free blacks familiar with military duty, while the whites are growing up in ignorance of it. In point of civil privileges, the free blacks are the equals of the whites. In courts of law, as witnesses or parties, no difference is known; and they have the same rights as to the holding of lands and other property. As to their social position, I have not the means of speaking. I should think it quite as good as it is in New England, if not better.

So far as to the position of the blacks, when free. The laws also directly favor emancipation. Every slave has a right to go to a magistrate and have himself valued, and on paying the valuation, to receive his free papers. The valuation is made by three assessors, of whom the master nominates one and the magistrate the other two. The slave is not obliged to pay the entire valuation at once; but may pay it in installments, of not less than fifty dollars each. These payments are not made as mere advances of money, on the security of the master's receipt, but are part purchases. Each payment makes the slave an owner of such a portion of himself, _pro parte indivisa_, or as the common law would say, in tenancy-in-common, with his master. If the valuation be one thousand dollars, and he pays one hundred dollars, he is owned, one-tenth by himself and nine-tenths by his master. It has been said, in nearly all the American books on Cuba, that, on paying a share, he becomes entitled to a corresponding share of his time and labor; but, from the best information I can get, I think this is a mistake. The payment affects the proprietary title, but not the usufruct. Until all is paid, the master's dominion over the slave is not reduced, as respects either discipline, or labor, or right of transfer; but if the slave is sold, or goes by operation of law to heirs or legatees or creditors, they take only the interest not paid for, subject to the right of future payment under the valuation.

There is another provision, which, at first sight, may not appear very important, but which is, I am inclined to think, the best practical protection the slave has against ill-treatment by his master: that is, the right to a compulsory sale. A slave may, on the same process of valuation compel his master to transfer him to any person who will pay the money. For this purpose, he need establish no cause of complaint. It is enough if he desires to be transferred, and some one is willing to buy him. This operates as a check upon the master, and an inducement to him to remove special causes of dissatisfaction; and it enables the better class of slave-holders in a neighborhood, if cases of ill-usage are known, to relieve the slave, without contention or pecuniary loss.

In making the valuation, whether for emancipation or compulsory transfer, the slave is to be estimated at his value as a common laborer, according to his strength, age, and health. If he knows an art or trade, however much that may add to his value, only one hundred dollars can be added to the estimate for this trade or art. Thus the skill, industry and character of the slave, do not furnish an obstacle to his emancipation or transfer. On the contrary, all that his trade or art adds to his value, above one hundred dollars, is, in fact, a capital for his benefit.

There are other provisions for the relief of the slave, which, although they may make even a better show on paper, are of less practical value. On complaint and proof of cruel treatment, the law will dissolve the relation between master and slave. No slave can be flogged with more than twenty-five lashes, by the master's authority. If his offence is thought greater than that punishment will suffice for, the public authorities must be called in. A slave mother may buy the freedom of her infant, for twenty-five dollars. If slaves have been married by the Church, they cannot be separated against their will; and the mother has the right to keep her nursing child. Each slave is entitled to his time on Sundays and all other holidays, beyond two hours allowed for necessary labor, except on sugar estates during the grinding season. Every slave born on the island is to be baptized and instructed in the Catholic faith, and to receive Christian burial. Formerly, there were provisions requiring religious services and instruction on each plantation, according to its size; but I believe these are either repealed, or become a dead letter. There are also provisions respecting the food, clothing and treatment of slaves in other respects, and the providing of a sick room and medicines, &c.; and the government has appointed magistrates, styled síndicos, numerous enough, and living in all localities, whose duty it is to attend to the petitions and complaints of slaves, and to the measures relating to their sale, transfer or emancipation.

As to the enforcement of these laws, I have little or no personal knowledge to offer; but some things, I think, I may treat as reasonably sure, from my own observation, and from the concurrent testimony of books, and of persons of all classes with whom I have conversed.

The rule respecting religion is so far observed as this, that infants are baptized, and all receive Christian burial. But there is no enforcement of the obligation to give the slaves religious instruction, or to allow them to attend public religious service. Most of those in the rural districts see no church and no priest, from baptism to burial. If they do receive religious instruction, or have religious services provided for them, it is the free gift of the master.

Marriage by the Church is seldom celebrated. As in the Roman Church marriage is a sacrament and indissoluble, it entails great inconvenience upon the master, as regards sales or mortgages, and is a restraint on the Negroes themselves, to which it is not always easy to reconcile them. Consequently, marriages are usually performed by the master only, and of course, carry with them no legal rights or duties. Even this imperfect and dissoluble connection has been but little attended to. While the slave-trade was allowed, the planters supplied their stock with bozales (native Africans) and paid little attention, even on economic principles, to the improvement, or, speaking after the fashion of cattle-farms, to the increase of stock on the plantation. Now that importation is more difficult, and labor is in demand, their attention is more turned to their own stock, and they are beginning to learn, in the physiology of increase, that canon which the Everlasting has fixed against promiscuous intercourse.