The History of Cuba Volume III Part 16

"March 28th, 1870."

The italics are Arango's and his alone also the extraordinary sentiments expressed in this remarkable doc.u.ment.

In this same year, the question of slavery came up for attention. While the United States government had abandoned its attempt to mediate between Spain and Cuba it had, of course, by its own action during the Civil War, definitely arrayed itself against slavery wherever it existed, and it now, through its Minister to Spain, Daniel E. Sickles, entered into negotiations with the Spanish government, looking to the actual freeing of the slaves in Cuba.

Of course news of these happenings did not fail to penetrate Cuba and to reach the ears of the Captain-General. Indeed he seemed to have a premonition of them, even before the United States government had definitely taken up the matter with Spain. He was nothing if not an opportunist, and he, therefore, on his own account, on February 24, 1870, issued a decree which had the effect of freeing two thousand colored prisoners of war, and which read as follows:

"Superior Political Government of the Province of Cuba:

"Decree:

"By virtue of the faculties with which I am invested, and in keeping with the royal decree of the 27th of October, 1865, I think fit to extend by decree of the 21st of September, ultimo, declaring exemption from dependency on the government the expeditions ent.i.tled Puerto Escondido, Cabanas 10, Cabanas 85, Cabanas San Diego de Minez and Trinidad.

"In consequence thereof the employers who have in their service emanc.i.p.ated slaves of the referred-to expeditions, will present them in the Secretary's office of this superior government within the period of one month, in order that, after the usual formalities, they may receive their letters of exemption.

"At the same time, the governors and lieutenant-governors will publish this direction in the periodicals of their respective jurisdictions, so that it may come to the notice of the holders of these emanc.i.p.ados and they cannot allege ignorance of it.

"CABALLERO DE RODAS.

"Havana, February 24, 1870."

Rodas was crafty, and he now thought of a device which under the guise of mercy would hamper the Cuban army. On May 26th he promulgated a second decree freeing all slaves who had acted or would act as guides to the Spanish army, or render any like valuable service to the government, an effort, of course, to induce the former servants of patriots to betray their masters and the Cuban army into the hands of the Spaniards.

To disguise the baldness of this attempt at corruption, he also included a provision, freeing all slaves belonging to the insurgents or who had escaped to foreign countries. This provision was for all practical purposes meaningless and without any value, because the Cubans themselves who were fighting for freedom from Spain had already emanc.i.p.ated their slaves.

Meanwhile negotiations between Sickles and the Spanish government resulted in the promulgation of a decree, which was known as the Moret law, acquiring its name from the Spanish Minister of Colonies, whose signature was one of many signed to the doc.u.ment, and who is reported to have had a hand in its composition. It bore date, July 4, 1870, and was promulgated by the Captain-General nearly two months later, as follows:

"Superior Political Government of the Province of Cuba:

"His Excellency the Regent of the kingdom communicates to me, under date of July 4th ultimo, the following law, which has been promulgated or sanctioned by the Congressional Cortes:

"Don Francisco Serrano of Dominguez, Regent of the kingdom, by the will of the sovereign Cortes, to all to whom these presents shall come, greeting:

"Know ye that the Congressional Cortes of the Spanish nation does hereby decree and sanction the following:

"Article 1. All children of slave mothers, born after the publication of this law, are declared free.

"Article 2. All slaves born between the 18th of September, 1868, and the time of the publication of this law, are acquired by the state by the payment to the owners of the sum of twenty five dollars.

"Article 3. All slaves who have served under the Spanish flag or who have in any way aided the troops during the present insurrection in Cuba are declared free. All those are equally recognized as free as shall have been so declared by the superior government of Cuba, by virtue of its jurisdiction. The state shall pay their value to their masters, if the latter have remained faithful to the Spanish cause; if belonging to insurgents, they shall receive no indemnity.

"Article 4. Slaves, who, at the time of the publication of this law, shall have attained the age of sixty years are declared free, without any indemnification to their owners. The same benefit shall be enjoyed by those who shall hereafter reach this age.

"Article 5. All slaves belonging to the state, either as emanc.i.p.ated, or who for any other cause are at present under the control of the state, shall at once enter upon the full exercise of their civil rights.

"Article 6. Those persons freed by this law who are mentioned in articles 1 and 2, shall remain under the control of the owners of the mother, after the payment of the indemnity prescribed in Article 2.

"Article 7. The control referred to in the foregoing article imposes upon the person exercising it the obligation to maintain his wards, to clothe them, care for them in sickness, giving them primary instruction, and the education necessary to carry on an art or trade. The person exercising the aforesaid control acquired all the rights of a guardian, and may, moreover, enjoy the benefit of the labor of the freedman, without making any compensation, until said freedman has reached the age of eighteen years.

"Article 8. When the freedman has reached the age of eighteen years, he shall receive half the wages of a freedman. Of these wages, one half shall be paid to him at once, and the other half shall be reserved in order to form a capital for him, in the manner to be determined by subsequent regulations.

"Article 9. On attaining the age of twenty-two years, the freedman shall acquire the full control of his civil rights and his capital shall be paid to him.

"Article 10. The control will also be annulled: first, by the marriage of the freedman, when the same is entered into by females over fourteen years and males over eighteen years old; second, by a proved bad treatment on the part of the guardian or his noncompliance with his duty, as stipulated in Article 7; third, should the guardian prost.i.tute or favor the prost.i.tution of the freedwoman.

"Article 11. The above mentioned control is transmissible by all means known in law, and is also resignable when just motives exist.

Legitimate or illegitimate parents who are free shall be permitted to a.s.sume the control of their children by the payment to the guardian of the same of any expense he may have incurred for account of the freedman. Subsequent regulations will settle the basis of this indemnification.

"Article 12. The Superior civil government shall form, in the s.p.a.ce of one month from the publication of this law, lists of the slaves comprised in articles 3 and 5.

"Article 13. The freed persons mentioned in the foregoing article remain under the control of the state. This control is confined to protecting them, defending them and furnishing them the means of gaining a livelihood, without limiting their liberty in the slightest degree. Those who prefer to return to Africa shall be conveyed thither.

"Article 14. The slaves referred to in article 4 may remain with their owners, who shall thus acquire control over them. When they shall have preferred to continue with their former masters it shall be optional with the latter to give them compensation or not, but, in all cases, as well as in that of the freed persons being unable to maintain themselves by reason of physical disability, it shall be the duty of the said former masters to feed them, clothe them, and care for them in sickness. This duty shall be a concomitant of the right to employ them in labors suitable to their condition.

Should the freedman object to the compliance with his obligation to labor, or should he create disturbances at the house of his guardian, the authorities will decide the questions arising therefrom, after having first heard the freedman.

"Article 15. If the freedman of his own free will shall leave the control of his former master, the latter shall no longer be under the obligations mentioned in the foregoing article.

"Article 16. The Government shall provide the means necessary for the indemnifications made necessary by the present law, by means of a tax upon those who shall remain in slavery, ranging from eleven to sixty years of age.

"Article 17. Any act of cruelty, duly justified as having been indicted by the tribunals of justice, will bring with it as a consequence the freedom of the slave suffering such excess of chastis.e.m.e.nt.

"Article 18. Any concealment impeding the application of the benefits of this law shall be punished according to t.i.tle 13 of the penal code.

"Article 19. All those shall be considered free who do not appear enrolled in the census drawn up in the Island of Porto Rico the 31st of December, 1869, and in that which will have been drawn up in the Island of Cuba on the 31st of December of the present year, 1870.

"Article 20. The Government shall make a special regulation for the execution of this law.

"Article 21. The Government will report to the Cortes when the Cuban deputies shall have been admitted, a bill for the compensated emanc.i.p.ation of those who remain in slavery after the establishment of this law. Meantime this emanc.i.p.ation is carried into effect; the penalty of the whip, authorized by chapter 13 of the regulations for Porto Rico and Cuba, shall be abolished; neither can there be sold separately from their mothers children younger than fourteen years, nor slaves who are united in matrimony.

"By a resolution of the Congressional Cortes the foregoing is reported to the Regent of the Kingdom for its promulgation as a law.

"MANUEL RUIZ ZORILLA, President.

"MANUEL DE LIANOS Y PERSI, Deputy Secretary.

"JULIAN SANCHEZ RUANO, Deputy Secretary.

"FRANCISCO XAVIER CARRATALA, Deputy Secretary.

"MARIANO RUIZ, Deputy Secretary.

"Palace of the Cortes, June 23, 1870.

"Therefore I order all tribunals, justices, officers, governors and other authorities of whatsoever cla.s.s or position, to obey the same and cause it to be obeyed, complied with and executed in all its parts.

"FRANCISCO SERRANO, Minister of Ultramar.