The Lopez expeditions to Cuba 1848-1851 ...

Front matter

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Contents

Preface x

I. Political and Economic Conditions in Cuba

II. Public Opinion in Cuba 19

Preface

It is my purpose to write the story of the Lopez' expeditions to Cuba in such a way as to throw light on both American and Cuban conditions in 1850. The single existing monograph on this subject was written to be read by the author before the Filson Club of Louisville, Kentucky, from material collected for a historical novel. It therefore deals especially with the biographical details connected with the Kentuckians who took part in the expedition. The author, Mr. A. C. Quisenberry, has written with much charm of style, but it lay beyond his purpose to consider the broader aspects of the subject. His account does not aim to be critical, nor has he used any of the Spanish sources. The newspaper accounts seem to have been followed somewhat too readily. The brief account in the first volume of Mr. James Ford Rhodes' History of the United States is remarkable for its fairness and clearness, but necessarily omits details, while the recent volume by Admiral Chadwick entitled "The Relations of the United States and Spain- Diplomacy" treats almost exclusively the diplomatic results of the expedition. The only other account of importance is coni tained in a large volume by Dr. Vidal Morales, "Iniciadores y Primeros Martires de la Revolution Cubana." This volume is essentially a collection of documents printed in full, with comments by the author. These documents are of varying importance, and serve to throw light on the Cuban aspects of the subject.

The sources which have been here made use of are described in the bibliographical appendix. Especially valuable are the memoirs by Concha and manuscripts in the Archives at Havana, of which a list is given by Mr. L. M. Perez in his "Guide to the Materials for American History in Cuban Archives."

The story has a threefold interest: First, by means of it we can see the character of Spanish government in Cuba, and discover some of the roots of the process which ended in 1898 in the separation of Cuba from Spain ; second, the larger movement of which the expeditions were a part served to disclose at the very first the inherent weakness of the compromise of 1850; and third, the whole story throws an interesting side light on the views and characters of many Americans in 1850, bringing out heroic qualities which showed themselves among much that was ignoble in these stirring adventures. I believe that the importance of these events, whether measured by their immediate significance or by their results, far transcends their mere military interest. Perhaps there is no other single incident which might equally serve to make clear American political and foreign relations in the year of the great Compromise.

The author wishes to acknowledge very gratefully the kind assistance of Professor Shipman of Princeton University who suggested this particular topic, of Professor Corwin who made some very helpful suggestions with regard to the method of work, of Professor Myers who read the original manuscript and made some important corrections, and of Professor Mc- Elroy whose original encouragement and continued assistance have been of the greatest value.

CHAPTER I. Political and Economic Conditions in Cuba in 1850

Since the Lopez expeditions were essentially part of a much larger movement both in Cuba and in the United States, it is convenient to begin with some account of the political and commercial conditions of the island in 1850.

The head of the government was the Captain General. By the famous decree of May 28, 1825 this official had seemingly been given almost absolute authority. This edict was the outcome of the French reactionary occupation of Spain, and was issued in the name of Fernando VII: "His majesty being formally persuaded that at no time and under no circumstances will the principle of rectitude and love to his royal person which characterizes your excellency ever be weakened ; and his majesty, desiring to obviate any difficulties which might arise in extraordinary cases from a division of authority and the complication of command and control by the respective officers, and to the important end of preserving in that precious island his legitimate sovereign rule and the public peace, has been pleased, in accordance with the judgment of his council of ministers, to invest your excellency with full authority, conferring all the powers which by royal decree are conceded to the governors of cities in a state of siege. His majesty consequently invests your excellency with full and unlimited authority to detach from the island, and to send to this Peninsula all officials and persons employed in whatsoever capacity, and of whatsoever rank and class or condition, whose presence may appear prejudicial, or whose public or private conduct may inspire you with suspicion, replacing them in the interim with faithful servants of his majesty who are deserving of the confidence of your excellency, and furthermore to suspend the execution of any orders or general regulations issued in whatever branch of the administration to whatever extent your excellency may consider convenient to the royal service; such measures to be always provisional, and a report thereof to be sent by your excellency for the royal approval of his majesty. In dispensing to your excellency this signal proof of his royal favor and the high confidence which his majesty places in your perfect loyalty, he hopes that, worthily cooperating, you will use the greatest prudence and circumspection, together with indefatigable activity ; and he trusts that your excellency, being endowed through this same favor of his royal goodness with a greater responsibility, will redouble your vigilance in seeing that the laws are observed, that justice is administered, and that the faithful subjects of his majesty be rewarded ; at the same time punishing without delay or hesitation the misdeeds of those who, forgetting their obligations and what they owe to the best and most beneficent of sovereigns, violate the laws and give vent to sinister machinations by infraction of said laws and of the administrative ordinances relating thereto." 1

While this decree had never been repealed and gave to the Captain General a degree of authority which would seem the sheerest despotism to the Anglo-Saxon, there were in 1850 certain very real limitations to this despotic power. These limitations were not meant to safeguard the rights of individuals after the fashion of American and English constitutional limitations, but are rather a good example of Spanish jealousy of officials who were so often corrupt.

The control of the finances in Cuba had never been exclusively in the hands of the Governor General, and, with the creation of the office of Intendant in 1764, this fiscal officer, who received orders directly from the Crown, was made practically equal in rank to the Captain General. 1 " In 181 2 subordinate

1 Royal decree, May 28, 1825. Text translated by Chadwick in his "Relations of the United States and Spain — Diplomacy" (1009), pp. 224, 225. Chadwick regards this decree as the true constitution of Cuba, but further study clearly shows that the real power of the captain general was not so great as it would seem to be from this order. In fact Captain General Concha took advantage of the Lopez expeditions to complain of the lack of centralization of authority and to secure greater power — a change which made Cuba increasingly a military despotism. The whole subject of the power of the Captain General is discussed at length in a letter from Concha himself "Al Presidente del Consejo de Ministros" dated April 1, 1851. The full Spanish text is given in B olefin del Archivo, IV, 107. (Havana.)

la The Captain General dealt with the Minister of the Interior, while the Intendant dealt with the Treasury at Madrid. Real Ordenes, Feb. 18, 1835.

fiscal officers or Intendants were appointed at Santiago and Puerto Principe, while the previous Intendant was now known as Superintendant. In 1844 the rank of the Governor General was declared supreme ; but it was not until 1853 that the office of Superintendant was merged with that of Captain General, when the power in the government was centralized along the lines advocated by Concha. 2 The Superintendant in the days of his power presided over a "Tribunal de Cuentas" which passed on all proposed expenditures, audited all accounts, and in addition exercised judicial functions in cases where the treasury or its officials were involved. The dealings of this Tribunal were directly with the Minister of Finance in Madrid.

The navy was under a special commander not subordinate to the Captain General, 3 while special "juntas," or administrative boards, cared for the civic administration in its various departments. Over these the Captain General presided, but had no other powers than to vote as a member and to carry out their decrees. Of the various boards the Junta de Fomento, or Board of Agriculture and Public Works, was the most powerful and independent. The Captain General presided over it, but its members were elected from the landed and merchant class.

2 In addition to the real cedula of Oct. 21, 1853 'by which the Captain General became also Superintendant, another decree of August 17, 1854 made the juntas merely advisory bureaus entirely subordinate to the Captain General. This was precisely in line with Concha's recommendations. These changes were direct results of the Lopez expeditions.

3 The separation of naval and military power in Cuba was not due originally to a desire to lessen the power of the Captain General, but to the fact that Cuba was the center of the naval forces of all Spanish America, and that the defence of all those regions was directed from Havana. It was clearly important that the naval commander should not be under the orders of the ruler of any one colony. With the loss of all her other possessions, the separate naval administration was still continued, to the great annoyance of the Captain General. The three chief officers, the Intendant, the Admiral, and the Captain General, met in a Board or Junta de Autoridades to attempt to bring some unity into their diverse functions. Jealousies crept in constantly, for example with regard to the authority over the Contoy prisoners in 1850.

Memorias Sobre el Estado Politico, Gobierno, y Administracion de la isla de Cuba, por el Teniente General, Don Jose de la Concha, Madrid, 1853, p. 37. See also for friction between the Junta and Captain General Alcoy, Zaragoza, Insurrecciones en Cuba, I, 600.

This board which Concha says was "almost on a democratic basis" was a special thorn in his side. 4

In spite of these limitations, the Captain General had a great variety of functions. For example he was regularly President of the Council of Havana, and could at any time preside over any city council. He was also President of the various Juntas or Bureaus. He was directly in charge of the mails, and had the care of prisoners. 5 One of his duties was to act as a Corregidor, practically a police magistrate, in connection with his office of President of the city council of Havana. The idea of the town and the township, with functions separate from those of the central government and with their own local government, an idea which is so fundamental in Anglo Saxon institutions, was foreign to the constitution of the Cuban government. Thus, in Havana, as well as in other cities, certain petty details of local government fell to officers whose duties were of national, and, in the case of the Captain General, of international importance. In fact, before the days of Concha's reforms, a great deal of the time of the Captain General was taken up in making out and signing papers of no real importance simply because they brought fees which made up his salary. 6

The Captain General's military supremacy was unquestioned, and this fact brought him close to the administration of the smallest localities. Cuba was divided for military and administrative purposes into three districts : The western with its capital at Havana, the central of which Puerto Principe was the capital, and the eastern, with Santiago de Cuba for a capital. These were under Governors who received instructions directly from the Captain General. Within the provinces were districts of two ranks. The larger towns and their neighborhoods were under Lieutenant Governors who had certain civil duties, among them that of presiding over the Ayuntamientos, or town councils. The Lieutenant Governors also commanded the military forces. The less populous rural districts were under Captains who had almost absolute power in the absence of Ayuntamientos or township governments of any sort. Each of these officers, nominated by the Captain General and appointed

4 For a treatment of this whole subject see Perez: — "Guide to the

Materials for American History in Cuban Archives," pp. 28-33. 6 Concha, p. 50. 8 Concha, op cit. pp. 160-174.

by the Crown, bore the relation of a subordinate to his military chief. The pay of Governors and Lieutenant Governors was nominally that of their regular military rank, but they all exercised the functions of judges in both civil and criminal cases and received certain fees in cases tried before them. The Captains had no fixed salary at all and had to depend for an income on one-third of the fines which they collected.

Popular government, so far as it existed at all in Cuba, was represented in 1850 by the Ayuntamientos and Audiencias. The Ayuntamientos, corresponding to our city councils, were corporations containing hereditary members, members who bought their seats from the government, members selected by the government of Cuba, and, in some cases, elected members, as seems to have been the case especially in Puerto Principe. They chose their own Alcalde, or mayor. They existed only in the older towns, some new and important towns having no Ayuntamientos at all. The oldest, that of Havana, dated from 1574. They were subject to the orders of the Governor or Lieutenant Governor, and also to the authority of the Audiencia of their district, which exercised certain administrative supervision over them. In financial affairs they had to get the sanction of the Junta de Proprios y Arbitrios, which was an independent organization. They were naturally inefficient and corrupt, having acquired customs during the centuries which were followed to the detriment of public interests. At the same time they were tenacious of their rights and, like the Parliaments of France in 1789, were useful as starting points of opposition. 7

The Audiencias were ancient courts with mixed judicial and administrative functions. They acted in an advisory capacity to the Captain General. This advice the Captain General was quite free to disregard, but it served as a means of protest and petition which was especially displeasing to a Captain General like Concha, who regarded the presence of the ancient court in Puerto Principe as tending to encourage pride and insubordination: "Even suppose its members endowed with an exceptional prudence," says Concha, "yet, the commandinggeneral and the governor of the province, if not actually held back, are sure to be embarrassed at least, by the judgments and ■deliberations of that Tribunal. This Audiencia, being the oldest in the Indies (since the first which was established in Espanola was later removed to Puerto Principe) had in its favor the prestige given by antiquity, by its acquired customs, by the solemnity of its proceedings, and by the very title of 'nobleza' (Highness) given to it by law; and by its side must be obscured, weakened and lessened the military authority, which being newer, has not yet had time to accustom the towns to obedience, submission and respect." 8 From the point of view of Concha, the suppression of the Audiencia would have certain splendid results. The educated lawyers and others connected with the court would have to come to Havana to make a living, where they could be under the surveillance of the government. The wealth of Puerto Principe as well as its importance would be greatly lessened, and the money spent in keeping up this important court of justice could be used in the defence of the island.

Judicial functions in both criminal and civil suits belonged, (i) to the "Alcades Mayores" of whom there were five in Havana, (2) to the Captains and Governors, (3) to the Audiencias, (4) in special cases, to Juntas and their committees, especially to the Junta de Fomentos, and (5) even to the navy department.

The administration of justice was costly and slow. Saco, an eminent Cuban scholar, who made a study of the complicated system of court procedure and expenses, declared in 1837: — "The condition in which the branch of judicial administration is found is deplorable." Judges, even when found guilty of flagrant offences, could not be punished. Prisoners could be taken from the jurisdiction of native judges and condemned by a court-martial in which every guarantee of individual rights was absent. The tribunals were only independent in name, for the Captain General could interfere at any time in the administration of justice. 9

The government which Concha came to head in 1850 was notoriously and almost unavoidably corrupt. Indeed, merchants in their stores and shipmasters at the wharves spoke openly and contemptuously of the proceedings of government

8 Captain General Concha to the minister of Justice, dated Havana June 9, 185 1. Boletin del Archivo Nacional, Havana, Ano IV, Numero 3.

9 Perez, Estudio Sabre las Ideas Politicas de Jose Antonio Saco. Havana, 1906. Pp. 36, 37 ; Saco. Obras, N. Y. 1853, III, 37-iSo.

officials and counted on certain necessary expenses in the way of bribes. The government attorneys refused to proceed against prominent malefactors. The captains were almost universally corrupt, while even the governors and lieutenant governors were exercising their functions oppressively. When one of these was removed by Concha the town celebrated in true Spanish style. Houses were illuminated, the town was decorated, and dances were given to indicate joy and relief. The removals were wholesale, especially among those engaged in the work of the courts. Nor were all these removals entirely for corruption and inefficiency. The Lieutenant Governor of Pinar del Rio was removed for political causes and replaced by Colonel Elizalde who was to take a prominent part in the difficulties of 185 1. 9a

The censorship of the press had always existed in Cuba except for two brief periods, in 1812, and from 1820 to 1823. In the period of our story it was particularly strict, for it was the purpose of Captain General Concha to err on that side rather than on the side of too great leniency. In spite of all precautions, however, El Faro Industrial, edited by an American named Thrasher, would sometimes contain an article or a poem with allegorical significance, or phrases would appear, at first sight entirely harmless, but in reality having a double meaning and, in the eyes of the Captain General, appearing both insulting and dangerous. Nevertheless it was impossible to find any plausible excuse for suppressing the paper, until the death of General Ena, who was killed in battle with Lopez. The brief account of his death taken from another newspaper was immediately followed by an article prominently headed, "Laughter" (La Sonrisa). The insult, in the state of public opinion, seemed at this time sufficiently evident and the paper was suppressed. 10

So soon as the Faro Industrial was suppressed and the daily papers of Havana were reduced to three, Concha did away with the two highly salaried Royal censors and appointed a clerk who should carry on the censorship under his own immediate direction. 11

The most important periodical in Havana was El Diario de

9a Concha, op. cit., pp. 136-142. 10 Concha, p. 282. u iConcha, p. 283.

la Marina. It had a subscription list of 6,000 and was, of course, published entirely in the Spanish interest. Even this paper was carefully watched by the censor, one article being suppressed by Concha for intimating that the interests of Cuba were distinct from those of Spain. 12

This suppression of the press and the lack of educational facilities were evils of which Cuba was becoming increasingly aware. The task of the censor was made peculiarly arduous from the necessity of not only guarding against what might seem dangerous in the Cuban press, but also of excluding the publications of a country situated so near as the United States. As a result, friction with Americans was constant. 13

The attitude of the Cuban Government toward foreigners was one of extreme jealousy. By the Royal Order of Oct. 21, 1817, foreigners were divided into three classes: Transients who were merely visitors in Cuba, domiciled foreigners, and naturalized citizens. Rights of transciency only continued for five years by Spanish law. Domiciled foreigners were required to declare their intention of settling permanently on the island, to profess the Roman Catholic religion, and to swear allegiance to Spain, promising to obey the laws and ordinances to Which

"Concha, p. 287.

ia iSaco, op. tit. Ill, 225. Perez, op. tit. 37. These difficulties were illustrated in the case of Wm. H. Bush, thus described by the Spanish Secretary for Foreign Affairs to Calderon de la Barca, the Spanish minister at Washington : "Your Excellency knows that the paper called La Verdad, published in New York, is printed with the specific object of awakening among the inhabitants of Cuba and Porto Rico the sentiment of rebellion, and to propagate the idea of annexation to the United States. The Captain General of the island, in fulfilment of his duty, prohibited the entrance and circulation of this newspaper in the island, and tried to investigate the ramifications in the island of this conspiracy against the rights of Spain, and against the peace of the country. As a result of the efforts made with this object, it was discovered that although not numerous, there were in Havana some wicked Spaniards charged with the task of collecting money to sustain the subversive publications, and to distribute its copies to those who should care to read them. Among the accomplices in this crime of high treason was found a certain Wm. H. Bush, an American citizen, and purser of the American frigate Childe Harold. This person seemed to be charged with carrying the correspondence of the conspirators and the copies of La Verdad." (Spanish Secretary for Foreign Affairs to Calderon de la Barca, Spanish minister at Washington, Ian. 2, 1848. Unpublished Mss. Havana, Archives.)

Spaniards were subjected. Naturalized citizens were regarded as in every sense Spanish subjects. 14 The question of the treatment of foreigners gained in importance and the causes for friction under Spanish restrictions largely increased, with the beginning of the great rush to California by way of Panama. Thousands of foreigners passed through Havana, as a port of call, on their way to the gold fields. 15 In addition to these transients, at least 400 machinists and engineers came annually from the United States to work on the great plantations during the gathering of the sugar crop. These returned with from $800 to $1500 each and without having paid any taxes. During their stay on the island they were natural centers for the spreading of ideas of annexation. 16 The treaty of 1795 between the United States and Spain had an important provision that "in all cases of seizure, detention or arrest, for debts contracted, or offences committed by any citizen or subject of the one party, within the jurisdiction of the other, the same shall be made and prosecuted by order of the law only, and according to the regular course of proceedings usual in such cases. The citizens and subjects of both parties shall be allowed to employ such advocates, solicitors, notaries, agents, and factors as they may judge proper in all their affairs and in all their trials at law in which they may be concerned before the tribunals of the other party ; and such agents shall have free access to be present at the proceedings in such cases and at the taking of all examinations and evidence which may be exhibited in the said trials." 17 Now it is perfectly evident that in cases where American citizens were charged with high treason for offences which seemed to an Anglo Saxon trivial, it was especially important to be able readily to invoke the safeguards of this treaty. But neither the Captain General nor the American Consul were granted any diplomatic functions, so that no direct complaint would be regarded, and an American citizen

"For a discussion of the status of foreigners with the opinion of the legal advisers of the Captain General on the case of John Thrasher see the documents listed in "Perez' Guide," number 248, and in the Appendix to this thesis, especially the opinion of the Real Acuerdo to the Captain General, Havana, Oct. 20, 1851.

15 Concha, op. cit. p. 95-

11 State papers, 1, 546-548, for text of treaty. See Chadwick, op. cit., Chap. 2, for full story of the treaty.

might easily suffer long and unjust imprisonment as well as much financial loss before the matter could be arranged, by the roundabout process, through Washington and Madrid. The remarkable international position of Cuba, in the eyes of the Spanish Government, is thus described by the Secretary of Foreign Affairs :

"Your Excellency knows that the government of Her Majesty has always maintained the position with all foreign powers that its colonies are outside of all the promises and obligations undertaken by Spain in international agreements. With regard to Cuba, the discussions with England to this effect are well known, in which the Spanish Government has declared that the treaties which form the positive law of Spain had been adjusted in times when the Spanish colonies were closed to all foreign trade and commerce, and that when in 1824 these colonies were opened to commerce of other nations they were not placed on equal footing with the home country, but were kept in the exceptional position of colonies. Of this exceptional position of that part of the Spanish dominions, no one has more proof than the foreign consuls, since it is evident to them that the Spanish government has only endured their presence on the condition that they should not exercise other functions than those of mere commercial agents. Thus in 1845 the English government accepted formally the agreement that its consul should not demand the fulfilment oi treaties, not even of those which refer to the slave trade." 18 In other words, the Captain General, in his dealings with individuals, was, according to this theory, wholly untrammeled by international agreements. Foreigners were to live in Cuba at their own peril. Of course, the Spanish government could not really expect to be permitted to freely carry out any such policy, but the mere attempt to do so made the government of Cuba very different from that of most civilized states.

Our study of the internal and foreign policy of the Cuban government has now brought us to the central idea of its constitution. In contrast with most governments, the chief function of that of Cuba was not so much the development of the country as its preservation to the Crown of Spain. This policy was the immediate result of the annexation of Florida

18 Spanish Secretary for foreign affairs to Calderon de la Barca, Madrid, Jan. 2, 1847. Unpublished Mss. Archives at Havana.

to the United States. A royal order to the Captain General of the period states this duty clearly: "You should remember that when once the cession of Florida is made, the importance of the command of this island rises greatly on account of the nearness of a maritime power which brings close to the island the base for future operations. Therefore the defence of the island deserves your greatest attention, and it is necessary to make ready as soon as possible. When the time arrives to fear an attempt by them, prepared in the ports of Florida, the defence of the island ought to be already systematized and planned." 19 This defence of the island continued to be the chief care of successive governors.

While the navy, as we have seen, was under an independent commander, there was at least no doubt of the Captain General's absolute authority over the army. Until the year 1825 the army of Cuba was composed of three regular battalions, a brigade of artillery, and a single regiment of cavalry. The defence of the island, aside from these troops, was left to the militia of the island. With the soldiers who came to Cuba in 1850, the regular army then reached sixteen batallions, two picked companies of veterans, twelve squadrons of cavalry, two brigades of artillery, and two light batteries. Five forts had also been constructed since the English occupation. 20

This task of defence, even with so large a number of troops, was made difficult by geographical conditions. With an area about the same as that of Ohio, Cuba stretches in a mighty crescent for more than 800 miles across the waters of the Gulf, separated only by narrow channels from Yucatan, Florida, and Hayti. Internal means of communication were wretched and most points were accessible only by sea. 20a The sparsely settled coast offered many secluded nooks to men like Lopez and his followers. In the west a range of small mountains sometimes reach a height of 2000 feet, giving an opportunity for guerilla warfare. The central part of the island is a country of broad plains and shallow valleys. The shore of the northern coast is mainly steep and rocky and lies well back of islands and coral reefs between which the passages are narrow and intricate. It is evident that the island might easily contain

"Concha, op. cit. p. 46. ™ Concha, op. cit. p. 45. 200 Three thousand, five hundred and twenty-three coasting vessels entered Havana in the single year of 1851.