I am enclosing herewith a memorandum from the Military Governor in
regard to the suggestions of Dr. Henriquez y Carvajal, and I fully
concur in the position taken therein.
The Advisory Council is working in harmony with the Military
Governor, and, although influenced somewhat by political
aspirations, apparent in the attitude of the most patriotic of the
Dominicans, yet, on the whole, the wisdom of the appointment of the
Advisory Council is being daily demonstrated.
. . . . . . .
[Enclosure]
The Military Governor of Santo Domingo
(Snowden) to the Minister
in the Dominican Republic (Russell)
Santo Domingo, 2 December, 1919.
2639–19 Sn–FF
My Dear Mr. Russell: Replying to your
recent request, I have the honor to state as follows, regarding
the suggestions of Dr. Henriquez y Carvajal to Mr. Hallett
Johnson and Mr. Rowe of the Department of State:
It is not practicable at the present time to suspend
entirely,
(a) Military law and provost courts.
[Page 142]
Civil order and individual rights are as ample and fully provided
for as they can be under any strong government; full liberty is
given, but not license. The local police and the territorial
police or Guardia have full power in their work and are only
aided when necessary by the military forces in reserve.
(b) It does not seem to the Military
Government that a particular nomenclature is important or why
Spain and Cuba should be criterions for this government. The
judicial system in Santo Domingo consists of one supreme court,
three courts of appeals, twelve courts of first instance, and
sixty-eight justices of the peace. These tribunals seem to be
sufficient, and generally speaking they correspond to those of
Spain and Cuba. When the French codes were translated some
seventy years ago, the name “juge de paix “was somewhat
inappropriately rendered in Spanish as “alcalde”, but this term
has acquired sufficient authority by the lapse of time and there
seems to be now no good reason to change it. The procedure of
the Cuban courts is somewhat different and may be better than
that of the Dominican courts. If so, a project for reform should
be submitted for study. When the Occupation took place the
Military Government was cautioned by the State Department that
the Judiciary must be respected and given free and full exercise
of their coordinate governmental function. This the government
has faithfully adhered to, in spite of much abuse by that branch
of their independent function in failing to punish certain
miscreants of the legal profession.
The question of the election by the people of officers of the
Municipal Councils is not a practical matter at the present
moment when the old political parties, a mercenary, grafting,
vicious, office-seeking clan are still awaiting preferment. It
is not considered practical just now for the Military Government
to effect its objects with the aid of municipal officers elected
by a people who do not yet understand the proper use of the
vote. This must be a gradual growth under new laws, and the time
for it is not ripe.
(c) A general census has been
contemplated, but it requires an expenditure better used for
necessary public works and education. A census by the communal
authorities is being taken, much of which has been done.
(d) A consulting commission of experts has
been appointed and has been functioning for the past month. It
consists of four of the most distinguished and eminent
Dominicans. They meet weekly by themselves and again with the
Military Governor. Its president is the Archbishop of Santo
Domingo, a revered gentleman of the highest ability, learning
and experience. The commission is now studying improvement in
laws, general administration and the suggestions of Dr.
Carvajal.
[Page 143]
(e) The laws enumerated for inauguration
are being studied: the civil service law and the sanitary law
are already in use. The remaining laws will be promulgated long
before they can be used.
The Civil Service system has been in use for a year or more in
the Departments of Posts and Telegraphs and is now being
extended to all other departments of the government.
The law of communications by air, by sea and by land, does not
seem to be vital for the present.
The Military Government is rapidly gaining the confidence of the
best people of the republic.
1. It is not deemed advisable or practicable to abolish the
Provost Court, as that was established under the Proclamation of
Occupation of November 26, 1916, for the trial of offenses
committed against the Military Forces and is the only court of
practical use for the purpose. It is not feasible to depend upon
any Dominican courts for settlement of such cases. However, the
Military Government is reducing as much as possible the scope of
action of these courts and giving broad powers to the Dominican
Courts. Provost courts have no jurisdiction over civil
cases.
The Advisory Council to the Military Governor is now working with
the undersigned to prepare a law which will equitably cover the
matter.
2. Dr. Carvajal was invited to come to Santo Domingo and was
offered a post as member of the Governor’s Advisory Council,
with pay, but declined. He was told that any suggestions he
would offer would be gladly received and, if of value, would be
carried out.
3. The present Censorship mentioned by Dr. Carvajal meets with
the approval of the Advisory Council and consists only of the
suppression of attacks on the existing government, personal
controversies tending to disturb the public peace, and political
and labor agitation. These cannot be permitted, otherwise the
public and the press are unrestricted.
The circulars and articles by Dr. Carvajal are being permitted
publication in the Dominican press, although most undesirable
with respect to my need for political peace.
4. With respect to protection for Dr. Carvajal, if coming here,
this country is absolutely at peace and no person needs any
guarantees or protection except in a small section of the
Eastern Province of Seibo where a moderate condition of banditry
still exists, and this is being pacified by a process of
conciliation and measures for bringing these people back to
farming.
5. It is a fact that business is somewhat unsettled, due to the
lack of announcement of policy by the American Government. If
the people of Santo Domingo knew that the Military Government
was
[Page 144]
to remain here for
ten or twenty years or until the public debt had been paid and
finances placed upon a secure foundation, they would be very
content and business would receive a great impetus and
encouragement.
6. Dr. Carvajal’s remark about the politicians trying to keep
themselves before the people is true and applies most of all to
himself and his constant flood of circulars emanating from
Washington or Santiago de Cuba. He is not persona grata to the mass of the Dominican people, but
is still someone to be reckoned with in default of a definite
statement regarding the stay of the Military Government. The
best people in all parts of the republic have repeatedly assured
me that they did not want any other government, either their own
or a civil government of foreign personnel until the objects for
which the occupation was instituted should be completely
effected.
Mr. Francisco J. Peynado, the most distinguished lawyer of the
republic told me a few days ago that Dr. Carvajal told him that
he did not want the immediate restoration of sovereignty, but
after the objects for which the Military Government was
installed had been carried out. There still exist the personal
followings of certain chiefs of the old political parties, a
relic of the feudal régime when men in all sections of the
republic gave allegiance to a certain strong man, generally
unscrupulous, and not to any national question or party.
Dr. Henriquez y Carvajal is discredited with the majority of
Dominicans now and the evidence of such a man as the Archbishop
of Santo Domingo, Monsenor Adolfo Alejandro Nouel, is of vastly
more value. I beg to refer the Department to him for any
information desired. He is a patriot, an ex-president of the
republic, and a man of great prestige and influence. Not the
founding of political parties, as Dr. Carvajal says, but the
effacement of them, is necessary for the good of the
country.
7. The undersigned now has a copy of Dr. Carvajal’s suggestions
to the Department of State (Mr. Rowe)18
and is studying them, as is also, the Advisory Council, with a
view to complying with them, if of merit. All of them, which are
practical, had been previously begun or completed by the
Military Government. Mr. F. J. Peynado presented the Military
Governor a few days ago with a copy of the above paper sent him
for me by Dr. Carvajal.
Very truly,
