The History of Cuba, vol. 3Johnson, Willis Fletcher
History
The History of Cuba, vol. 3
Johnson, Willis Fletcher
Cuba -- Economic conditions; Cuba -- History
Early in the reign of the Spaniards in Cuba, courts called Audiencias
with both judicial and administrative functions had been established.
They were not at all pleasing to the more arbitrary of the
Captains-General for while they were subordinate to him, and their only
restriction on his power was in a kind of advisory capacity, yet they
often reflected public opinion, and too, if their conclusions differed
from that of the Captain-General, they were a moral curb upon his
actions which he resented. The most ancient and honorable of these
Audiencias was the one at Puerto Principe. It was the oldest in the
island, and it strove to uphold its dignity by conducting its
proceedings in the most formal and impressive manner, by adhering to the
most ancient customs. It was greatly reverenced by the people of the
district, and the Captain-General felt that somehow it detracted from
his glory, and from the respect which he felt should be accorded the
commands of his inferior officers. Various Captains-General strove to
abolish this court, and to turn its revenues into their own pockets.
The judicial functions in criminal and civil suits were divided among
many bodies, and there must have been great confusion, overlapping of
authority, and consequent wrangling. Judicial powers were accorded to
the Alcaldes Mayors, to the Captains, Lieutenant Governors, Governors,
Captains-General, Audiencias, in some cases to juntas, and even to naval
officers. Judges could condemn, but they could not themselves be
condemned. There was no way of curbing a wrongful exercise of their
power, and even when their offenses were heinous they could not be
disciplined through any democratic measures. Civil prisoners were often
taken from the jurisdiction of the civil courts and tried by military
tribunals. In the last resort, the Captain-General could always
interfere, when he chose.
The courts in Cuba at the middle of the nineteenth century were
notoriously corrupt, and while the people feared them, in their
gatherings in their homes they did not hesitate to condemn them. Justice
was almost a dead letter. When a well known offender against the laws
had influence with the Captain-General, or with some subordinate
official, the prosecuting attorneys would refuse to try him. The very
source of the pay of the captains made it impossible for them to make a
living without corruption, and an honest one would have been hard to
find, while the governors and lieutenant-governors were of opinion that
the only way to keep the people in subjection was to oppress and terrify
them, and the only way for governors and lieutenant-governors to return
to Spain with the proper amount of spoil was to exact it from the
unfortunate Cubans.
Public-domain text, read in full here on John Shaqi.
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