No. 544.
General Sickles to Mr. Fish.
United
States Legation in Spain,
Madrid, January 6, 1874.
(Received February 16.)
No. 950.]
Sir: I have the honor to forward herewith a copy
and translation of a decree dated 30th December ultimo, appointing anew
commission to consider and report the modifications necessary to adapt the
penal laws of Spain, and its code of procedure in criminal cases, to the
colonies.
You will observe the statement in the preamble, that a similar commission was
created in 1869, and continued until 1872, when it was dissolved without
having made a report. On November 28, 1872, another commission was named,
which in turn is now broken up without having done anything. The present
board was practically disbanded four days after it was appointed, since the
government by which it was created fell on the third of January.
In my No. 472, I reported the debate in the Cortes which resulted in the
appointment of the second commission in November, 1872. A promise was then
made by Mr. Martos, on behalf of the government, that the serious grievances
shown to result from the existing legislation should be at once removed, and
three months was accepted as a sufficient time for the labors of the
commission.
Another illustration is here afforded of the unwillingness of Spain to do
anything toward the amelioration of the condition of the colonies, Since the
revolution of 1868, the governments of Prim, Serrano, Sagasta, Zorilla,
Figueras, and Castelar, have all promised to reform the administration in
Cuba; and yet it is, perhaps, not too much to affirm that the situation of
the island to-day is worse than ever.
I am, &c.,
[Inclosure.]
Decree of December 30, 1873, organizing a new commission to report a penal code for Cuba and
Porto Rico.
[Translation from “La Gaceta de Madrid,”
January 2, 1874.]
Executive Power of the Republic,
Ministry of Ultramar.
Preamble.
The evident necessity of giving to the provinces of Cuba and Porto Rico a
penal code which, based upon that in force in the peninsula, should be
the exponent of modern progress in penal legislation and of the
solicitude of the mother country for her ancient colonies, impelled the
government of the nation to create, by the decree of September 10, 1889,
a commission charged with proposing the necessary alterations in the
penal code at that time in operation in the peninsula, in order to apply
it to the provinces of ultramar; but, although the commission, composed
of most worthy and zealous persons, commenced its labors, it did not
terminate them, by reason of the absence of some of its members and the
occupations of others, and for divers causes, which counseled the issue
of the royal decree of November 20, 1872, by which the aforesaid
commission was declared dissolved and another created in its place,
composed of seven distinguished jurists, charged with proposing the
modifications which they might deem advisable in the penal code of the
peninsula in order to apply it to Cuba and Porto Rico within the fixed
term of two months, at the expiration of which the commission would be
dissolved.
Unfortunately, this new commission likewise failed to give the expected
result, either by reason of the painful brevity of the time allotted or
from causes analogous to those which sterilized the action of its
predecessor.
[Page 854]
In view of the limited success obtained by these attempts, and of the
urgency of extending to the Spanish Antilles the indicated reform in
their penal legislation, putting in operation, at the same time, a
system of procedure more conformable to science, and which shall
contain, as a greater guarantee of justice, the right of appeal from the
judgments of the higher courts, (audiencias,) and also, while remedying
the infractions of penal laws and proceedings, shall make uniform the
interpretation of the same and facilitate their more exact application,
the undersigned minister has been led to consider necessary the creation
of a new commission composed of elements taken from the ministry under
his charge, upon which he can directly and immediately exert his
supervision and influence to hasten its labors, this being, doubtless,
the most efficacious means of happily carrying out, in a brief time, the
reforms which he has already indicated.
To this end the undersigned minister has the honor to propose to the
government of the republic the approval of the following draught of a
decree.
Madrid, December 30,
1873.
The minister of the colonies ad
interim,
JOAQUIN GIL BERGES.
Decree.
The government of the republic, in a council of ministers, and at the
instance of the colonial minister, decrees the following:
- Article I. A commission is created,
composed of the secretary-general of the colonial office as
president, and of four officials, chiefs of bureaus and
counselors in the same ministry, as voting members, in order
that, in as short a time as possible, it shall propose the
modifications it considers necessary to introduce into the
existing penal code of the peninsula in order to set it in
operation in the provinces of ultramar.
- Art. II. The same commission shall
also be charged with drawing up a bill of criminal procedure in
harmony with the reforms effected in the peninsula during the
last few years and compatible with the present organization of
the colonial courts, in which shall be included the
establishment of the right of appeal on issues of fact and of
form from the final judgments of those courts.
Madrid, December thirtieth, one
thousand eight hundred and seventy-three.
The President of the government of the
republic,
EMILIO CASTELAR.
The colonial minister ad interim,
Joaquin
Gil Berges.
