Immediately upon receipt of the instruction I handed to the Military
Governor a memorandum in writing relative to the subject, which was
discussed in detail by us. The Military Governor at once expressed
the opinion that the appointment of this commission would serve no
useful purpose, principally in view of the present state of unrest
and agitation existing throughout the country, …
In order to have some expression of Dominican opinion in regard to
the advisability of this Commission, the Military Governor called
into consultation Messrs. Troncoso de la Concha and Joubert, Members
of the Claims Commission, and in whose advice the Governor has great
confidence. These gentlemen stated that they considered that the
formation of the commission would only serve to increase [Page 116] the actual agitation
prevalent, and that its object would probably never be accomplished,
if, indeed, men of suitable qualifications could be induced to form
a part of its personnel. It was furthermore pointed out that laws
formulated by a small number of Dominicans would undoubtedly serve
as the first attack of Congress upon the re-establishment of a
national government.
In connection with this question, the appointment of the late
Advisory Council, and the immediate demand for results, as made upon
it through the press, the inability of its members to unselfishly
serve their country as advisors of the Military Government, without
thought of their own political aspirations, were mentioned in our
conferences as indications of what might also be expected of any
similar group of Dominicans at the present time.
The Military Governor prepared a memorandum on this subject, which I
herewith enclose.
The Department’s telegram of July 7—4 p.m., No. 21—was received after
the departure for Haiti of the Military Governor. Its contents will
be made known to him on his return.
[Enclosure]
The Military Governor of Santo Domingo
(
Snowden
) to the Chargé
des Affaires in the Dominican Republic (
Brewer
)
Santo Domingo
,
June 29, 1920
.
1843–20
enactment of basic
laws
1. Replying to your verbal request for information regarding the
enactment of certain basic laws, etc., I beg to state as
follows:
Regarding the enactment of certain basic laws, viz: as to
elections, education and sanitation, as herein recommended, the
first has been under careful study for some months and will not
be needed for some years as the people are not yet educated to
the value of the vote. The mass of the people have been brought
up to what is called “personalismo” or to vote for a certain man
no matter what were his principles and not for an ideal or
principle itself. It is a relic of the old feudal system.
Education is teaching the people the value and power of the vote
and to separate the principle from the man.
As to education and sanitation, both these subjects have been
exhaustively treated and laws covering completely these
activities have been promulgated and have been in use for some
time. Of course, improvements will be made from time to time in
both our educational and sanitary programs, but these matters
are now efficiently operating as never before.
[Page 117]
The Military Government was requested by the now defunct Advisory
Council to the Military Governor and also by Dr. Francisco
Henriquez y Carvajal to enact the following laws which they
deemed essential to the future good of the republic:
- An electoral law upon modern lines.
- A law of Communal Organization.
- A law of Conscription.
- A law modifying the law covering Rules and
Organization of the Provinces.
- A law of Rules and Regulations governing the Treasury,
Public Accounting and the budget.
- Reform of the Constitution, especially regarding the
replacement of the President in case of death,
resignation or incapacity.
- A law governing the formation of political
parties.
- Organic law of the Executive Power, organization of
the several departments and the succession to the
presidential office.
- Law of organization of the Judicial Power.
- Law of Civil Service.
- Law of Sanitation.
- Law of Communications.
- Law of Public Instruction.
- Law of Police.
Amongst other requests the petitioners requested the abolition of
the Censorship and the Provost Courts. The former has been done,
the latter cannot be done while any military forces are in the
republic, because the Dominican Courts will not give justice in
cases where the Military are concerned but will always favor
their own however glaring the facts of the case.
Upon receipt of the requests from the Advisory Council and from
Dr. Henriquez y Carvajal, the undersigned directed the
Department of Justice and the other departments concerned to
make a comprehensive study of the suggested laws and formulate
efficient laws for the several purposes in view. This is being
done as rapidly as possible.
The Electoral Law is now under study by the Department of Justice
and will be ready long before it can be put into operation. The
people are not yet prepared for voting and will not be so for
some years. I believe that it will not be practicable to
inaugurate elections until the United States shall be ready to
withdraw from the republic, because, in the present state of
political agitation, the people under the lash of the old
vicious politicians would elect members of the City Councils and
Governors of Provinces with whom the Military Government could
not work because of their obstructive policy.
A law of Communal Organization has been amended as necessary and
promulgated.
[Page 118]
A law of Conscription has been settled by a law abolishing
conscription and the Army. This has been promulgated. No army is
needed in this country other than the Guardia Nacional
Dominicana, which is a mounted constabulary. The United States
must always keep the peace between the West Indian
republics.
A law covering the organization of the Provinces has not yet been
promulgated. Affairs are not now in condition to formulate a law
as to provinces as this matter is in a state of evolution. We
have the Governors at the head of all provinces, but owing to
the presence of the United States Military Forces the Governors
are shorn of some of their military functions for the sake of
coordination and are for the present aids to the Executive Power
and leaders for the central government within their provinces.
It is not practicable for the moment to smoothly settle this
question.
A law of Rules and Regulations governing the Treasury, Public
Accounting and the Budget has been completed and is about to be
promulgated.
The reform of the Constitution as to the succession to the
presidency should be done by a National Assembly, although the
Military Governor might issue a temporary law to arrange this
matter until regulated by the representative bodies.
A law governing the organization of political parties has not yet
been considered; this seems for the moment premature.
An organic law relating to the Executive Power and the
organization of the several departments has not been considered,
although a study will be made regarding it.
A law of organization of the Judicial Power has not been
considered. The Judicial Power was especially exempted from
interference by the Military Government under the Proclamation
of Occupation. The judicial code is the old Napoleonic Code and
should be replaced by modern methods of jurisprudence, but the
Military Government has not thought it wise so far to disturb
the existing methods.
A Civil Service was instituted in one department of the
Government more than two years ago and during the present year a
Civil Service Law extending Civil Service to include all
employees of the Dominican Government was promulgated. This law
has been in successful operation for several months.
A law of sanitation has recently been promulgated and has been in
operation for about six months.
A law of communications is not of immediate necessity, but will
be studied and promulgated when it is warranted. No necessity
exists at present for a special law covering these
activities.
A law of public instruction has been promulgated and has been in
successful operation for over three years.
[Page 119]
There is no immediate necessity for further police laws. This
force is a civil one under the city councils and is working
well.
The people who have been theorizing upon these laws do not know
that many of them have been in use for some years, as they have
been absent from the republic for a long time.
Referring to the suggestion of the appointment of a Dominican
Commission to study and formulate certain basic laws, the
undersigned called into consultation Mr. M. Troncoso de la
Concha and Mr. Emilio C. Joubert, eminent Dominican lawyers and
members of the Dominican Claims Commission under the Military
Government, in whom he has the utmost confidence, and asked
their advice regarding the appointment of a Commission of
Dominicans to recommend certain laws as specified in your
memorandum and their opinion was, and in this I fully agree,
that the appointment of such a commission would serve no good
purpose and in any case I could probably get no one to serve on
such a commission owing to the political propaganda now rife in
the country, but that I could get all the advice I desired from
individual Dominicans. The former Advisory Council was so
viciously attacked by the politicians and by the newspapers that
they do not believe that any body of representative men would be
willing to again become the target for political attack. The
Military Government will continue its study and periodical
issuance of the specified laws and obtain the advice thereon of
qualified and loyal Dominicans, but it does not believe it wise
to appoint another commission in the present state of public
opinion. …
It would appear advisable to calm this excitement by an official
statement by the American Government to the effect that that
government would restore the government of the republic of Santo
Domingo to its own people as soon as the government of the
United States felt sure that the Dominican people were competent
to manage their own government without return to conditions such
as obtained before the occupation, but that nothing would induce
the United States to turn over the government before it should
be thoroughly satisfied as to such competence. Recent events
have shown that the country is not yet able to give peaceable
and efficient government to its people and the United States
would await such evidence before restoring the government.
The gist of this whole antagonism shown at the present time is
due to the expressed fear of the politicians that the United
States does never intend to restore the country’s sovereignty,
but retain the island. If this country could be assured that
their sovereignty would ultimately be returned, most all this
agitation would cease, because the mass of the people favor the
temporary occupation and only the spoils politicians are
stirring up the people. One of the Governors [Page 120] of the Provinces, a strong friend
of the Military Government and of the United States, has offered
the advice that a treaty should be made between the two
countries guaranteeing the independence of this republic in
return for certain concessions desired by the United States. The
politicians here are using the silence of the United States
regarding the restoration of their independence to say in
Latin-American countries that the United States does not intend
to restore their sovereignty but to retain the island.
