Home › Spanish Story of the Treaty of Zanjon › Spanish Story of the Treaty of Zanjon: Whenever

Spanish Story of the Treaty of Zanjon: Whenever

Whenever the council may deem it expedient it may summon to its de liberations, through the medium of the governor-general, the heads of the administrative department, who shall not therefore, however, have a vote. The council shall be composed, in addition to the above-named members, of fifteen councillors, elected according to the same census as are the provincial deputies.

The council of administration shall decree whatsoever it may deem expedient for the conduct of the public works throughout the Island; of the telegraphic and postal communications, both by land and sea; of agriculture, industry and commerce; of immigration and colonization; of public instruction and of beneficence and health; without prejudice to the powers of supervision and other powers inherent in the sovereignty reserved by the laws to the national government.

It shall make up and approve the annual budget, making in it the necessary appropriations for the above-named departments.

The administrative council, it will be seen, under this plan, must be composed of the official class, and fifteen members are appointed by the governor and a like number elected under restrictions, as in case of the provincial deputies; and the law that is the promise of liberty, if order prevails, provides-- It shall be incumbent of the governor-general, as the supreme head of the government of the Island, to execute all the decrees of the council. There would not seem to be much danger that radicalism could break forth in a council, constituted as we have seen, but the iron hand is nigh, as follows: Whenever the governor-general shall judge any decision of the council to be contrary to the laws or to the general interest of the nation, he shall suspend its execution and shall himself take such provisional measures as the public needs--which would otherwise have been neglected, because of such suspension--may require, immediately submitting the matter to the minister of the colonies.

If any decision of the council shall injure unduly the rights of any individual, those who by their vote have contributed to its adoption shall be held responsible for the indemnification or compensation of the person so injured by the courts, which shall have jurisdiction in the matter. The governor-general, after the consultation with the advisory council, may suspend the council of administration or without that reduisite may decree the suspension of its members if there remains such members of them as shall be necessary to its deliberation:

First.--When the council or any of its members trangress the limits of their legal powers to the prejudice of the governmental or judicial authority, or to the risk of a disturbance of the public peace.

Second.--For delinquency.

And, in addition, that there may be no mistake as to the absolutism of the master, the "basis" proposes that When in his judgment the resolutions of his majesty's government might be productive of injury to the general interests of the nation or to the especial interests of the Island, he may suspend their publication and fulfillment, informing the minister concerned of such suspension and of his reasons for making it, in the speediest manner possible.

To superintend and inspect all the public departments. To communicate directly concerning international questions with the representatives, diplomatic agents and consuls of Spain in America. To suspend the execution of capital punishment, whenever the gravity of the circumstances may require it, and the urgency of the case is such that there is no opportunity to apply to his majesty for pardon, after consulting with the advisory council.

To suspend, after consultation with the same council, and on its responsibility, whenever extraordinary circumstances prevent previous communication of the government, the guarantee expressed in Articles 4th, 5th, 6th and 9th, and paragraphs 1st, 2nd and 3rd of Article 13th of the Constitution of the State, and to apply the riot act. As the supreme head of the civil administration of the Island it shall also be in the province of the governor-general:

To maintain the integrity of the administrative jurisdiction, in accordance with the ordinances governing questions of jurisdiction and powers. To promulgate the general orders necessary for the carrying out of the laws and ordinances, communicating them to the colonial department. That nothing may be wanting to make the dominance of the great office of the Island complete and conclusive, it is declared as if it were a boon for order: The governor-general shall be the representative of the national government in the island of Cuba. He shall exercise, as viceregal patron, the powers inherent in the patronato of the Indies. He shall have the supreme command of all the armed forces, on land and sea, stationed in the Island. He shall be the delegate of the minister of the colonies, of state, of war and marine, and all the other authorities of the Island shall be subordinate to him. It cannot occasion surprise in countries where the people have some authority that this programme was found unsatisfactory by those already rising in revolution, because they regarded the treaty of Zanjon as administered, if not in itself, inadequate.

And yet those who held in Cuba that Spanish rule there could be so liberalized as to make insurrection wholly without warrant, issued a circular, using this language as to the policy of reform of which we have just recited the remarkable limitations.