W

HEN we consider that Porto Rico has been under the American flag for over twenty-three years, that it has been under civil government for more than twenty-one years, that children born under our flag and educated in our schools are now old enough to vote, and that there still is sufficient antagonism to the American government and customs to cause a large proportion of the people to clamor for independence, it would seem to be time to consider what is wrong with a policy which can accomplish such marvelous material results and yet fail to win the good will of the Porto Rican. Is it perhaps because we devoted our attention too much to that attaining of material results? Is it because in striving for efficiency, honesty, and integrity in our administration we sacrificed some of the principles upon which our own government is founded?

The love of self-government is not dependent upon material prosperity; it seems to be inborn and ingrained in all people, especially, we like to think, in the American people. I do not suppose that any one would question for an instant that if Germany had been successful in the late war and New York City had been placed under the rule of an Imperial Administrator, trained in the school of municipal government of Germany, and responsible only for results to the Imperial

Government in Berlin, that the City of New York would be infinitely more honestly and efficiently administered than it has been for the past four years; yet I doubt that the people of New York would be satisfied to be governed from Berlin. In any city, the surest political slogan that can be raised is "home rule" against outside domination, and even the more intelligent resent reforms imposed by superior state or national authority. Bearing this trait of human nature in mind, let us review a little Porto Rican history.

The island was discovered by Columbus on his second voyage in 1493. Its first government was established in 1508, one hundred years before that of Quebec, the oldest city on the continent, and one hundred years before Hendrick Hudson even saw the island of Manhattan. Like all the Spanish-American settlements it formed a part of the Kingdom of Spain and was governed-or mis-governedby officials sent out from Europe. Unlike all the other Spanish-American colonies Porto Rico never resorted to violence or revolution to obtain reforms, but always used constitutional means to gain its ends. They had obtained a representation in the Spanish Cortes, and with this participation in the home government, and with consummate political strategy, they succeeded, in November, 1897, in obtaining for the island an autonomous form of government, the goal of

their desires. On July 17, 1898, the Legislature elected by the people met for the first time in its history, amid the rejoicing of all elements in the island. On July 25, the day of Santiago, patron saint of Spain, the Clerk read to the Assembly telegrams and letters of felicitation from insular and municipal officials and prominent citizens of the island, but in the midst of the chorus of joy came a telegram which read: "The American fleet is off the port of Guánica, preparing to bombard." The Legislature adjourned, never to meet again under the Spanish flag, and the work of 400 years was blown away in the breeze that raised our flag over the island.

EARLY AMERICAN RULE IN PORTO RICO

FOR

OR nearly two years a military government ruled the Island. Civil government was installed on May 1, 1900, under an organic act generally known as the Foraker Act. This law, while it gave to the Porto Rican a large participation in his government through an elective lower house of the Legislature, yet held him firmly curbed through the appointive Executive Council, the majority of which was composed of the American administrative heads of the government, and which, among other powers, served as the upper house of the Legislature. Moreover, it struck at his pride by excluding him from citizenship in the country under whose flag he must live. By this exclusion Congress tacitly announced that they did not know what their future policy would be, whether they would later admit the island to the sisterhood of States on equal terms with its conquerors, keep it indefinitely in subjection, or eventually turn it loose entirely. It is not intended to criticize the Foraker Act. No law could have been passed which would have made for more efficiency in government, or proved so equal to the situation then existing, from all material points of view, as did the Foraker law. But coming so shortly after the realization of their hopes for autonomy granted by Spain, and excluding the Porto Rican from our citizenship, it bore seeds of disappointment and wounded self-respect, which were to grow a crop of dissatisfaction and complaint.

At the time of the American occupation there was on the Island a very small native element unquestionably and enthusiastically pro-American. It was composed

of men who had been educated and had lived more or less in the United States and who had business and social relations in this country. With the coming of American sovereignty this element naturally expected to wield political influence under our flag. On the other hand, there were some who were honestly and patriotically loyal to the flag under which they had been born. I remember in 1908, when a judge was to be appointed for one of the southern districts of the island, there was one man who stood forth preeminently as the man for the place, but it was urged against him that he was antiAmerican. I had a personal interview with him at his own home, to urge him to take the appointment, although I knew that at the salary paid it would be a financial sacrifice for him to accept. He said to me: "Mr. Post, I realize that this island is now and probably forever will be a part of the United States. I am bringing up my children as Americans; they are all now in school in the United States. I myself, a man of middle age, have had to re-educate myself in my own profession." (He pointed to the books on American law on his shelves, which must have cost a considerable sum of money.) "I know that the welfare of my people depends upon their loyal adherence to the United States; that is a part of the world's progress which I cannot and would not oppose. If I take this judgeship I assure you that I will use every endeavor to administer the law as it exists, and try to deal justly with the people of this district; but I myself am at heart a Spaniard. I was brought up to believe that the highest duty of man was loyalty to his country, his flag, and his King. I can learn your law, I can understand and respect your customs, and my children will be Americans, but I am a Spaniard and must die true to my country. If you wish me to take the position, I will try to make the best judge that it is in my power to be, but do not expect me to paint myself red, white, and blue, and profess a loyalty I do not feel, for I am red and yellow to the core, and must live and die at heart a Spaniard." He was appointed. The great mass of the politicians, however, were playing a waiting gamedisappointed at being deprived of their recently granted power under the autonomous government, but determined to make the best of what they had until they saw how

things were going to shape under the new régime.

The first duty of the American administration under the Foraker Act was to divide the Island into seven legislative districts for the purpose of electing the thirtyfive delegates to the lower house of the Legislature. The Executive Council, upon whom this duty devolved, named for this purpose a committee composed of the five native members. Two of these natives had been appointed from the insular Republican party, which represented, more or less, the pro-American element, two from the Federal party which represented more closely the old Porto Rican patriotic element as differentiated from the continental Spaniard of the official caste, and one Porto Rican who had been named as a non-partisan, but who, although not affiliated with the Republican party, had such an antipathy to the Federals that he could hardly be considered strictly neutral. The division recommended in the majority report of this Committee was a distinct gerrymander, favoring the Republican party, to which the minority vigorously objected. The Executive Council adopted the majority report, whereupon the two members from the Federal party resigned, and their places were filled by two native Republicans. The first elections were held in 1900, and as a protest against what they believed to be an injustice in the districting, the Federal party withdrew from the polls, with the result that the lower house was unanimously Republican. This left the Federal party with absolutely no voice in either house of the Legislature.

PORTO RICAN ELECTIONS

[NDER the terms of the Foraker Act a restricted suffrage was provided for at the first elections, but owing to the withdrawal of the Federal party nearly every Republican voter was enrolled and practically none of the Federals were registered. At its first session the Legislature passed an election law providing for three inspectors at each polling place and retaining the restrictions on suffrage, but with the proviso that any person who had voted at the first election should be entitled to register and vote thereafter. The result of this law gave two of the inspectors at each polling place to the Republican party and "covered in" all

the Republican voters, gave but one inspector to the Federal party and retained the restricted suffrage to act as a bar to the registration of Federal voters.

It is utterly impossible to say how the elections of 1900 would have turned out under different circumstances, as conditions were so abnormal and leadership and policies had not yet crystallized under the new régime, but there is no question in my mind that within two years after the establishment of civil government the majority of the voters of the island were following leaders opposed to the administration, and that the Republican party, which had unanimous control of the Legislature and of most of the munici palities, was really a minority party. Hence the party of the "outs" believed itself to be in the majority, but was without voice or representation in the councils of the American administration, and clamored that the government was supported only by a small element of Porto Ricans held by the power of patronage.

THE POSITION OF AMERICAN GOVERNORS

IN THE states of the Union, no matter how

acrid political dissension may become, the elected officials can always feel that they have more than half the people behind them as they represent the majority party. But in Porto Rico the administration belonged to no party and therefore had the violent antagonism of all elements out of office, and only such very lukewarm support from those in office as hope of patronage or fear of removal could obtain. As a rule the American official on the island was an exceptionally high grade man. He was the personal appointee of the President, chosen for his ability and integrity, and, as far as the salaries and inconveniences of the positions would allow, for his technical fitness to administer the office to which he was appointed. He knew that he would be judged by the results that he obtained, and feared no local dictation in his work. Being so continuously attacked for things which he had not done he became callous to criticism and perhaps even too neglectful of local popular opinion, and as he had been chosen for his qualifications for office, and not in any sense for his experience in practical politics, he often offended popular prejudices through indifference to local customs or social amenities.

As the Porto Rican politicians out of power could not hope to change the administrators at the polls, they resorted to the expedient of trying to cause their removal, and the local press, and so much of the continental press as could be reached, was filled with criticism and abuse of the insular administration. As the greater part of these attacks were without real foundation, they defeated their own end; as the Porto Rican attributed his non-success to the indifference of the United States Government and people it served to increase his bitterness and led him to say unkind things of America. Thus the impression was general among the Americans on the island that the Unionist party-the successor of the original Federal party-was anti-American, and that if they came into power they would wilfully wreck the government and revert to all the old abuses of the Spanish régime.

WHEN

THE ELECTIONS OF 1904

WHEN the elections of 1904 were to be held the American administration of the island decided that it was time for a show-down. They felt that if American principles could be preserved under the Foraker Act only by retaining a minority in power through fraud it was time for Congress to know it and modify the form of government accordingly. With the old election law still on the statute books, and the majority of the inspectors at the polls Republicans, the Governor issued a proclamation stating emphatically that while the administration would remain absolutely impartial between parties, he would not countenance or forgive any frauds at the elections, and if necessary would appoint a special Assistant Attorney General to prosecute all offenders in the courts. This proclamation came as a bomb-shell to the politicians. The inspectors took to cover and five of the seven districts were carried by the Unionist party! I met a prominent official from one of the converted districts soon after the election, and happened to mention that his district had changed colors. "Why of course they beat us; they had five votes to our one, but if you people in the government had only been impartial we could have carried the district. We had the majority of the inspectors at the polls, but the Governor said that he would put anybody in jail that he caught doing anything, and

they did not dare to play the game. Why couldn't you have remained impartial?"

With this change of political complexion the island jogged on as before, the Republican press taking up the burden of condemning the administration and all its works, and the Unionists, although more friendly to the American Government out of appreciation of its justice, yet remained determined to continue the fight for autonomy. In other words, the mere changing of the political party in power neither wrecked the government nor made it popular. The longing to manage their own affairs was as deeply rooted as ever, and the old wound of exclusion from American citizenship was as wide open as, if not wider than, before. The idea of independence had no real hold, but was merely discussed academically by some of the more visionary of the politicians. I remember one evening I dined at the home of a prominent Porto Rican, who had shortly before made a public speech highly laudatory of everything American. He showed me with pride his new American bathroom, which was fitted up with every known form of sanitary plumbing that the catalogue of the manufacturer could carry, and tiled and mirrored in the latest fashion. He spent the evening rhapsodizing on the greatness and glory of America. A few days later he was entirely carried off his feet by the suggestion that Porto Rico join a proposed "United States of the Caribbean" which was to be composed of Hayti, Santo Domingo, Porto Rico, and any other maverick which happened to be dissatisfied with things as they were! It was a pure exercise of poetic imagination, not founded on any economic or political reason; but inasmuch as the United States had never declared a policy as to the future of the island, the field was open for advocates of any political status which appealed to their imaginations or their interests at the moment.

The nearest approach to an American policy that I ever heard of, was a rumor current in the early days that President McKinley had said to the first civil administrators "prepare the island for statehood as rapidly as possible," and the insular Republican party had adopted this as their solution for self-government and the future status of the island. The mere fact that the Republicans approved of statehood was

sufficient to force the opposition into advocating anything but statehood. The dominion form of government, as in Canada, was at one time urged by some, but I do not think at that time the idea of independence was ever seriously considered.

Now, as I have pointed out, the Porto Rican was a fighter by constitutional methods. He had been trained for centuries as a politician, he was astute, courageous, and quick to see and grasp any opportunity that the laws or the political situation might offer. He knew exactly what he wanted and how to influence the public opinion of his people, and he was entrenched in the elected House of Delegates. On the other hand the American controlled Executive Council was continually changing its membership, as few American remained more than two or three years in the Island. Each new appointment brought a new opinion into the ranks of the administration, which led to fluctuations in policies and weakness in legislative contests.

E

THE ORIGIN OF THE JONES LAW VER since the establishment of civil government the House of Delegates had used the appropriation bill as a lever to pry concessions out of the administration, as no appropriation could be made to carry on the government without the approval of the lower house. This bill, which originated in the Executive Council, would be held up in the House. At a quarter to midnight on the sixtieth day, fixed as the limit of the session, the clock was stopped and both houses went into a continuous session lasting 48 to 60 hours. All bills of any importance would be taken up by conference committees of the two houses and the appropriations for the various departments used

Insular Government in the event of failure by the Porto Rican Legislature to make appropriations, but the Porto Rican politicians won their point by bringing to the attention of Congress the dissatisfaction on the island with the Foraker law. The Secretary of War visited the island in 1910, and Congress held extensive hearings, but nothing decisive was done until 1917, when the Democratic Congress passed what is generally known as the Jones law. By this act the appointive Executive Council is supplanted by a Senate elected by the people and most of the administrative officers are appointed by the Governor instead of the President, and are subject to confirmation of the elected Senate. Consider the difference this makes to the American administration. Under the Foraker Act the American officials had the right to initiate legislation, as members of the upper house of the Legislature, and-within certain wide limits-had the right to appoint their own subordinates and fix their salaries. They held office directly from the President of the United States, and being in no way accountable to or dependent upon the local electorate for their positions, they were free from many of the difficulties which beset the average administrative official in the United States. Under the new law the American has no right to participate in or initiate any legislation, and is dependent for ways and means upon the generosity of the local legislators. The sole remnant of control lies in the veto power of the Governor. Upon this latter official alone hangs the responsibility of blocking unwise legislation, and upon him must fall the odium of vetoing some popular measure which in his judgment may be unwise.

THE GOVERNOR'S NEW POSITION
HE Governor finds himself the titular

THE

on other legislation. Finally, in 1909, the lower house, which by that time was unanimously Unionist, decided to use the appropriation bill to extort control of the lower courts by making the judge selective. The Executive Council felt that to permit this would be to deal a death blow to justice in the island, and both sides decided to "go to the mat" on the issue, with the result that no appropriation bill was passed and the whole matter was referred to Congress for solution.

The administration won its point by having Congress make provision for carrying on the

party behind him. His only resource lies in the power of patronage and even this can be stripped from him by the refusal of the Senate to confirm his appointments. Under the old law the Governor and the heads of departments were given great powers, which naturally carried with them great responsibilities, and they were quite properly held accountable for results. To-day the same responsibilities and the same accountability for results rest upon the American Governor, but he is stripped of all, real power to attain