[XVII-66] During the war with Costa Rica he commanded the forces in the field; meantime the executive office was in charge of Deputy Agustin Avilés. He resumed the latter Jan. 25, 1858. In the course of his term he several times provisionally surrendered the office into the charge of others, on account of illness. Nic., Dec. y Acuerdos, 1858, 3-7, 32; 1859, ii. 136, 137; 1860, iii. 71, 83-4, 177.
[XVII-67] The several portfolios were also for more or less time in charge of Pedro Zeledon, J. de la Rocha, Eduardo Castillo, Gerónimo Perez, Miguel Cárdenas, Nicasio del Castillo, and H. Zepeda.
[XVII-68] A number of decrees acknowledging the indebtedness appear in Nic., Dec. y Acuerdos, 1859, ii. 132-54.
[XVII-69] The catholic religion was placed under state protection. The government was constituted in three branches; namely, executive, legislative, and judicial. The executive authority was vested in a president for four years, without reëlection for the next term. In his absence or inability, the office was to go into the hands of the senator called by congress to fill it. The president was to be a native and resident of Nic., 30 years of age or upwards, not having lost the rights of citizenship within five years of the election, and possessing real estate valued at no less than $4,000. The legislative power was to consist of a senate and house of deputies. The senators' term was to be of six years; they were to be at least 30 years old, and to possess no less than $2,000 in real estate, one third of their number to be renewed every two years. The deputies were to be upwards of 25 years old, and hold for four years, one half their number being renewed every two years. The natives of the other Central American states were eligible to the senate or house, after a residence in Nic. of ten or five years respectively. No churchman could be chosen president, senator, or deputy. The justices of the supreme court had to be lawyers of recognized ability and integrity. They were to hold office four years, the members being renewed every two years. The court was divided into two sections with at least four justices each. The constitution recognized liberty of thought, speech, writing, and the press; also the rights of property and emigration. Torture in any form, cruel punishments, confiscation of property, invasion of private domicile, and establishment of special courts were strictly forbidden. It was promulgated Sept. 15, 1858. Rocha, Cód. Legis. Nic., i. 25-42; Lévy, Nic., 309-27; El Porvenir de Nic., Feb. 11, 1872; Nic., Mem. Gobern. y Guerra, 1859, 3. The bishop and his chapter took the oath to obey it on the 15th of Apr., 1861. La Union de Nic., May 11, 1861.
[XVII-70] Because its acts tended to the organization of the country. But on the 25th of June, 1858, the government of José M. Estrada was also exempted from that annulment. Rocha, Cód. Legis. Nic., i. 82, 89-90.
[XVII-71] He was appointed minister plenipotentiary, first in Costa Rica, next in Washington, and was empowered to negotiate a treaty with the Spanish minister at the latter place. Nic., Dec. y Acuerdos, 1857-8, 117, 243, ii. 21.
[XVII-72] Presid. Barrios of Salv. complained of the plots carried on against him in Nic. by refugees, and made demands, such as their being denied the use of the press, to which the Nic. govt could not accede. Nic., Mens. del Presid., in La Union de Nic., Jan. 19, 1861; Id., Mem. Rel., in Id., March 2, 1861.
[XVII-73] 'Ningun Nicaragüense preso, ni confinado, ni expulso por causas políticas; todos son libres, sin restriccion alguna.' Nic., Gaceta, Jan. 24, 1863.
[XVII-74] Official corresp. in Id., Feb. 7, 1863.
[XVII-75] Treaty of amity, defensive alliance, commerce, etc., duly ratified. Id., April 18, 1863.
[XVII-76] Jerez, Fernando Chamorro, and J. D. Estrada, for taking part against their government, were degraded to the ranks. Id., May 23, 30, 1863.
[XVII-77] Congress, Feb. 14, 1863, approved all his administrative acts to date. It had been represented to the people that Martinez, notwithstanding the clause in the constitution forbidding reëlection, could be reëlected, because the powers he had exercised in the past years had come to him, not under the constitution which was of subsequent date, but from the convocation decree of Aug. 26, 1857, and his choice was approved by the constituent assembly.
[XVII-78] Nic., Decretos, 1867-8, pt ii. 10-11; Rocha, Cód. Leg. Nic., i. 220. The cong. of Salv. voted him a sword of honor for aiding to defeat Barrios and the federalists. Nic., Gaceta, June 17, 24, 1865.
[XVII-79] During his second term the following persons acted as his ministers: E. Castillo, B. Selva, B. Salinas, B. Portocarrero, R. Alegría, R. Cortés, P. Zeledon, J. F. Aguilar, J. J. Lescano, and Antonio Silva. Nic., Semanal Nic., April 24, 1873.
[XVII-80] 'Quedan fuera de la amnistía todos aquellos que como autores principales.' Nic., Gaceta, April 29, May 28, 1864.
[XVII-81] Congress had not only approved his acts, but gave him two votes of thanks, March 11, 1865, and Jan. 19, 1867. Nic., Gaceta, March 18, 1865; Id., Dec. Legisl., 1865-6, 21-2; 1867-8, 5.
[XVII-82] By 433 electoral votes against 139 cast for Juan B. Sacasa; necessary for a choice, 285. Id., Oct. 27, 1866; Id., Decretos, 1867-8, pt ii. 4-5; Pan. Star and Herald, Feb. 19, 1867.
[XVII-83] Decrees of Jan. 22 and Feb. 28, 1867. Nic., Dec. Legisl., 1867, 10-11, 25-6.
[XVII-84] 'Por estar en oposicion con las atribuciones del Poder Ejecutivo.' Decree of Jan. 20, 1868. Id., 1868, 3.
[XVII-85] Nic., Gaceta, March 15, 1873; Id., Semanal Nic., March 27, 1873.
[XVIII-1] Oct. 22d. Album Semanal, Sept. 26, 1856; Costa R., Col. Ley., xiv. 41-2, 51-2.
[XVIII-2] The other ministers were Joaquin B. Calvo, of government and eccles. affairs; and Rafael G. Escalante, of treasury and war.
[XVIII-3] Dec. 11, 1856. Costa R., Mem. Gobern., 1857, 2-3.
[XVIII-4] In 1854 the pope bestowed on him the honor of Knight grand cross of the order of Gregory the Great, and the Costa Rican congress authorized him to accept it. Costa R., Col. Ley., xiii. 28; xiv. 147-9.
[XVIII-5] Dec. 29, 1857, a medal was voted. Again, Feb. 26, 1858, a cross of honor was decreed to the generals and field-officers. Id., 207; xv. 3.
[XVIII-6] Escalante had been vice-president since Oct. 1857, and at the present time was temporarily in charge of the executive office. Id., xvi. 30-1.
[XVIII-7] Political grievances and private animosities were brought into action for his overthrow. He was accused of intending to keep himself in power for life, like Carrera in Guatemala, as was evidenced by his second reëlection, which violated both the spirit and letter of the national institutions; of his having imposed the weight of his own will on the financial department, the judiciary, and even the legislature, with the view of setting up the rule of one family over the ruins of republican liberty; of his having usurped the property and labor of others for his own benefit. Even the organization of an army, and his campaign against Walker, were made to appear as intended to improve his own pecuniary interests, which were said to be in a very bad state. The charge of assumption of dictatorial powers does not seem to be sustained by facts. The opposition journal, the Album Semanal, freely published strong articles against his administration. Pamphlets filled with vituperation, and traducing his character, circulated without hindrance; one of the publications called him the tzar of Costa Rica. This opposition was fanned by the hatred of persons who had private grudges against Mora. Among them Vicente Aguilar, his former partner, who had been made to disgorge $100,000 or more, of which he had wrongfully deprived Mora. Capitalists were hostile because the president had chartered a bank. The sale of a tract of public land near San José, upon which many persons had settled, was made the subject for much trouble. The exile of the bishop did not fail to have a powerful influence. Bishop Llorente had refused to pay, or to allow his clergy to pay, an equitable tax decreed by congress Sept. 29, 1858, for the support of hospitals. He not only refused compliance, but incited the populace to revolt. For this he was expelled. He was, however, after Mora's overthrow, recalled by the provisional government, and ruled the diocese till his death, which took place Sept. 23, 1871. Costa R., Mem. Interior, 1859, 9; 1860, 4; Id., Col. Ley., xvi. 87-8; Nic., Gaceta, Oct. 7, 1871; El National, Jan. 15, 1859; Belly, Le Nicaragua, i. 379-81. One of the publications which came out after Mora's downfall, not only charged him with abuse of power, peculation, and almost every conceivable offence, but of his having brought himself into political prominence by intrigue, and by treachery to Morazan, and to his relations and friends, who, it was asserted, had been ruined by him. This publication is dated San José, April 2, 1860, but is anonymous. Costa R., Expos. ... Motivos ... Cambio Polít., 37 pp. and 1 I.
[XVIII-8] The provisional administration claimed that the revolution had not merely changed the personnel, but also the principles on which the government was based, the people demanding greater freedom with clearly defined rights and duties, and a more extended suffrage. Costa R., Mem. Interior, 1860, 4; 1863, 2.
[XVIII-9] The govt was divided into three branches—legislative, executive, and judicial—each independent of the others. The legislative was vested in a congress of two chambers, the senate and house of representatives, and was to meet once a year in ordinary session, and also to hold extraordinary sessions when called for specified purposes. The senate was composed of two senators for each province; the house was composed of deputies chosen by the provinces in the ratio of population. The term of the members of both houses was fixed at four years. The executive authority was vested in a president for three years, without reëlection for the immediate following term. He had a council of state to deliberate upon such affairs as the executive referred to it for advice. The judiciary consisted of a supreme court, and such other lower courts as might be established by law. None but a native citizen, in full possession of his civil and political rights, could be president, or member of the supreme court. Churchmen were ineligible. Costa R., Constituc. Polít., 1-35; Id., Col. Ley., xvi. 110-45.
[XVIII-10] First designado, Francisco Montealegre; second, Vicente Aguilar. Id., xvi. 169-71.
[XVIII-11] In January, Prudencio Blanco and others attempted a revolution in Guanacaste, now called Moracia, and failed. A decree of outlawry was issued against them Jan. 20, 1860, and their property was made amenable for the government's expenses. Another insurrection took place in Esparza with the same result, the govt issuing a decree of similar nature Sept. 16th, and on the 18th another, suspending the constitution. This last decree was revoked March 18, 1861. Id., xvi. 153-4, 188, 218-21; xvii. 9.
[XVIII-12] This place had been heavily intrenched, and a battery mounted in it, which was protected on both flanks by armed boats in the estuary, etc.
[XVIII-13] Belly, Le Nic., i. 382; El Nacional, Oct. 13, 27, Nov. 10, 1860; Eco Hisp.-Am., Oct. 31, 1860; S. F. Bulletin, Oct. 24, 25, 29, Nov. 14, 27, 1860; S. F. Herald, Oct. 29, 1860; Harper's Monthly Mag., xxii. 113; Laferrière, De Paris à Guatémala, 59-60.
[XVIII-14] The Gaceta Oficial, evidently inspired by President Martinez, forgot past grievances, only to bear in mind affectionately the promoter of the holy war for independence. In fact, Mora was in the eyes of both foreigners and natives the personification of Central American patriotism.
[XVIII-15] It will be remembered that Cañas served with distinction in the war against Walker.
[XVIII-16] Apr. 29, 1860. Costa R., Col. Ley., xvi. 172-3; xvii. 87. A more gen. one was decreed May 1, 1862.
[XVIII-17] During this administration national industries were developed, and the country became more prosperous than ever. Belly, Le Nic., i. 383-6.
[XVIII-18] May 1, 1863. Men of all parties voted for him. Costa R., Mem. Min. Interior, 1863, 1; Id., Col. Ley., xviii. 15-16.
[XVIII-19] Congress afterward decreed that Montealegre's portrait should be placed in the office of the president. Belly, Le Nic., i. 386-7; Costa R., Informe Min. Interior, 1864, 4; Id., Discurso, Dr J. M. Montealegre, 1863, 1.
[XVIII-20] Costa R., Programa Admin., 1863, 1. Jimenez adopted the high-handed measure of dissolving congress. In a proclamation to the people he stated that a majority of the members had established a systematic opposition to his government, and usurped all power in direct violation of the constitution. Id., Prod. del Presid., Aug. 1, 1863.
[XVIII-21] Ending May 8, 1869. Id., Col. Ley., 1876, 111-12; Nic., Gaceta, Feb. 17, Apr. 21, May 26, 1866. Castro in his inaugural address used these words: 'Quiero que mi patria, ya que no pueda ser temida por su fuerza, sea considerada por su justificacion y cordura.... No tenemos escuadras; tengamos la simpatía de las naciones.' Costa R., Discurso Inaug., Presid. J. M. Castro, 1-3.
[XVIII-22] May 15, 1866. They were 2 for each department, making together 16, besides the ministers. Costa R., Col. Rey., 1866, 114-16.
[XVIII-23] Nic., Gaceta, May 25, 1867.
[XVIII-24] Castro's enemies averred that his course was very mysterious, and some even suspected an intention on his part to retain power in his hands, though he supported the candidacy of his minister, Julian Volio. They said that the barracks assumed a menacing attitude, and Castro was on the point of decreeing several military promotions of members of his own family, and concentrating all the forces of the republic in and about his own residence. It came to be believed that he intended to nullify Salazar first, and Blanco next. But the former had in his favor most of the wealthy families, as well as a large support in Alajuela, Heredia, and Cartago. To make the story short, Salazar and Blanco concluded to act together. El Quincenal Josefino, no. 32, in Star and Herald, Dec. 24, 26, 1868. The editor of this publication was Lorenzo Montúfar. Whatever may be asserted against Castro, he had proved himself a liberal, enlightened, and upright ruler. His administration had given conclusive proof that the president valued liberty of the press and speech as necessary to the existence of a republican government. The country had been enjoying those privileges, and prospering as it had never done before. U. S. Minister J. B. Blair, to Sec. Fish, June 23, 1873.
[XVIII-25] The troops and people seemed to acquiesce in the new order of things. There was no bloodshed. Castro was left perfectly free in his own house. Nic., Gaceta, Nov. 28, Dec. 5, 1868; Jan. 23, March 20, 1869; Pan. Star and Herald, Nov. 17, 1868; Costa R., Col. Ley., xvii. 202-9; U. S. Mess. and Doc. (Dept of State, pt ii.), p. xii.; Laferrière, De Paris à Guatém., 60-2.
[XVIII-26] Art. 5th, after declaring the Roman catholic religion to be that of the state, recognizes toleration of other forms of worship; 6th, makes primary education of both sexes obligatory, free, and to be provided by the nation, placing it under the direction of the municipal authorities; 17th, declares the military subordinate to the civil authority, strictly passive, and forbidden to deliberate on political affairs; 72d, grants eligibility for the position of deputy to naturalized citizens after four years' residence from the date of the certificate of naturalization. Costa R., Col. Ley., 1869, 24-59. Art 31st recognized freedom of the press, and yet it was considerably modified by a press law issued by the provisional govt. Nic., Gaceta, May 8, 1839.
[XVIII-27] Costa R., Informe Gobern., etc., 1869, 12-15, 26-7; Id., Informe Hac., Rel. etc., 1869, 1-2. J. M. Montealegre had been the other candidate. Pan. Star and Herald, Dec. 19, 1868.
[XVIII-28] May 29, 1869. The action of the courts was restored May 31st. But the president had now unrestricted powers. Costa R., Col. Ley., 1869, 94-5, 100-1, 103. Nic., Gaceta, June 19, 1869.
[XVIII-29] Those men drove to the barracks in an ox cart, covered by grass, and dashed in. It looks as if there must have been connivance on the part of the guard. Biscoubi had been, it is understood, invited to join the movement, but refused to lend himself.
[XVIII-30] Among the charges contemplated were that they had appropriated large sums out of the public treasury for personal purposes, and that upwards of $20,000 had been given Eusebio Figueroa to go on a trip of pleasure to Europe.
[XVIII-31] The ministers were then placed under bonds. Id., June 18, July 9, 1870.
[XVIII-32] April 29, 1870, Tomás Guardia was promoted to gen. of division, and Victor Guardia to gen. of brigade. The two Quirozes and Próspero Fernandez were made colonels. Other officers also rose in rank. Costa R., Col. Ley., xix. 41-4, 50-1.
[XVIII-33] This person was a captain early in 1856, and went as Gen. Cañas' aide-de-camp to the Nic. campaign against Walker. On his return he was made a maj. As comandante of Alajuela he revolted against Presid. Castro Nov. 1, 1868. We have seen how he came to be made a general of division.
[XVIII-34] Guat. had several times attempted interference in Costa Rican affairs, insisting on the suppression of liberty of the press, and on other violations of law, all of which had been refused. Nic., Gaceta, Aug. 27, 1870.
[XVIII-35] Report, Aug. 22, 1870, by Minister Lorenzo Montúfar to the national constituent assembly. Costa R., Mem. Rel., 1870, 1.
[XVIII-36] His ministers who countersigned that decree were B. Carazo, Pedro García, Lorenzo Montúfar, and in the absence of J. Lizano, sec. of the treasury, Salvador Gonzalez as under-secretary. García and Carazo were made brigadiers. García resigned Oct. 28th, and was succeeded by José Antonio Pinto. Costa R., Col. Ley., xix. 124-6, 150.
[XVIII-37] Vicente Herrera, Aniceto Esquivel, Jesus Salazar, Cárlos Sancho, and Rafael Barroeta. Id., 127-31.
[XVIII-38] For supposed revolutionary schemes. It was even alleged that there was a plot to murder Guardia. Costa R., Gac. Ofic., May 12, 1871; Nic., Gac., May 27, June 3, 1871.
[XVIII-39] Excluding the president, his ministers, and the bishop from being electors. Costa R., Col. Ley., xx. 118-22.
[XVIII-40] The legislative consisted of a chamber of deputies chosen for four years. During recess it was to be represented near the executive by a comision permanente of five deputies. All citizens able to read and write, and possessing property to the value of $500, or an occupation yielding $200 a year, could be chosen deputies, excepting the president, his ministers, members of the supreme court, and governors. Deputies could accept no offices except ministerial or diplomatic, and then they must resign the elections. The executive was vested in a president for four years, who must be a native, thirty years and upwards, and could not be reëlected for the next immediate term. He was allowed a council of state, composed of his ministers, the members of the comision permanente, and others that he might invite to join the deliberations. The judicial authority was vested in a supreme court, whose members must be natives of the country, and such other courts as might be established by law. Id., xx. 171-206; El Porvenir de Nic., Jan. 14, 1872; Nic., Gaceta, Jan. 13, 1872.
[XVIII-41] Guardia went to Europe, where he was treated with marked consideration. Costa R., Col. Ley., xxi. 48-51; xxii. 6. During his absence there was no harmony between the acting president and the chief of the forces, Victor Guardia, nor between the latter and the commandant of artillery. Nic., Semanal Nic., Oct. 17, 1872.
[XVIII-42] Guardia was accused of affording aid to the supporters of retrogression against the liberal governments existing in those states; and of openly permitting an expedition to sail on the Sherman to commit hostilities against the other Cent. Am. states. El Porvenir de Nic., Aug. 10, 1873; Aguirre, Recortes de un Periód., 5-6. Circular of Nic. Foreign Min., Sept. 5, 1876, in Salv., Gaceta Ofic., Oct. 26, 1876.
[XVIII-43] As an open infringement of previous conventions, international law, and Costa Rica's rights. U. S. Gov. Doc., H. Ex. Doc., Cong. 43, Sess. 2, i. 113, 116.
[XVIII-44] A. H. Rivas, foreign minister of Nic., Nov. 11th, in doing so, added that they were guarding their interests against Costa Rica's insidious projects, in gathering large quantities of war material to favor disgruntled Nicaraguans, which his govt well knew, though not officially. Nic., Gaceta, Nov. 15, 1873; Id., Informe Min. Delgadillo, 1-14; Nic., Mem. Gobern., 1875, 6-7.
[XVIII-45] Nic., Gaceta, App., Dec. 3, 1873; Nic., Semanal Nic., Nov. 29, 1873.
[XVIII-46] It passed a decree on the 29th of November to check all violations of neutrality, and in a note to the other governments expressed itself in terms of conciliation, tantamount to a withdrawal of the circular of Oct. 24th. Id., suppl., Dec. 2, 13, 1873; El Porvenir de Nic., Dec. 11 1873; Nic., Semanal Nic., Dec. 11, 1873.
[XVIII-47] As stated in his organ, El Costaricense, no. 17, suppl.
[XVIII-48] A number of persons who had promoted the new policy, particularly some members of the cabinet, for their credulity and good intentions became the victims of Guardia's wrath, and were banished from their homes. Gonzalez had been let down easy, as having declined to continue in charge of the executive. Costa R., Pap. Sueltos, nos. 11, 12; Id., Col. Ley., xxii. 194, 197, 200; 1874, 34-5, 53; Nic., Gaceta, Dec. 20, 1873; Nic., Semanal Nic., Dec. 11, 20, 1873.
[XVIII-49] He resumed control of the govt Nov. 4-5, 1875. Costa R., Col. Ley., xxiii. 75-6, 275.
[XVIII-50] Costa R., Pap. Sueltos, nos. 13, 14; Id., Informe Gobern., 1875, app. 16-21; Nic., Correspond. sobre Recl., 3-17; Nic., Mens. Presid., 1875, 5-6.
[XVIII-51] El Costaricense, March 24th, said that the mission of Jerez was from Barrios, president of Guat., to Guardia. The Quincenal Josefino, March 26th, gave it as a certainty that Nic. would propose the withdrawal of both forces from the frontier as a conciliatory measure. The whole trouble arose from the boundary dispute. Pan. Star and Herald, Apr. 4, 1876.
[XVIII-52] Costa R., Mensaje, 1876, 2; Id., Col. Ley., xxiv. 24-5.
[XVIII-53] He assumed the office on the 8th, and formed his cabinet with Juan R. Mata, S. Lizano, M. Carazo Peralta, and B. Morales. Id., 36-8; Id., Discurso ... Presid., 1876, 1-4; Salv., Gaceta Ofic., May 22, 1876.
[XVIII-54] He had been declared a benemérito, and given a vote of thanks. Costa R., Col. Ley., xxiv. 62. Guardia's administration during the past six years was highly extolled in the Gaceta Oficial of San José. It said that his surrender of power proved the falsity of the charge that he had intended holding it for life. We shall see how much this statement was worth. It claimed for him that he had at all times blended leniency with firmness, which facts fail to establish. He was equally credited with increasing the revenues by his successful measures to repress smuggling; with protecting industry and labor; endeavoring to provide the country with a railroad between the two oceans; improving the morale of the country; spreading public education; promoting political and commercial relations with other countries; forwarding public works; and lastly, vigorously defending Costa Rica's rights against Nicaragua's pretensions. Salv., Gaceta Ofic., May 22, 1876. On the other hand, we are told that Costa Rica's revenues were squandered in keeping 2,000 men on the frontier as a menace to Nicaragua. Pan. Star and Herald, June 1, 1876. Guardia has been justly called a tyrant, because of his arbitrary acts and violations of the constitution. Electoral and parliamentary freedom, under his rule, was a farce; results at elections being what his will dictated, and congress being mostly made up of his immediate friends and a number of puppets. There were some honorable exceptions, like that of Zacarías García, who, for acting as a real representative of the people, was imprisoned without protest on the part of his colleagues. The independence of the three powers, personal rights, freedom of the press, and other constitutional guaranties, were repeatedly trampled upon by Guardia, by his favorite, Pedro Quiroz, and by other satellites. Justices of the supreme court and numerous other prominent citizens were either imprisoned, banished, or mulcted in heavy sums of money, without any form of trial having preceded. José M. Castro, chief justice, and Salvador Jimenez, justice of the supreme court, were by Guardia's autocratic command made to live for a time on the Pacific coast. Even his brother, Victor Guardia, was harshly treated for showing an independent spirit; and his brother-in-law, Leon Fernandez, was several months kept in irons for some mysterious offence that was never brought to trial, and afterward transferred to a horrible dungeon in Limon, where he was cruelly treated until he succeeded in effecting his escape. Other infringements of the laws are also mentioned, and not a few cases of brutality, even the use of the lash on respectable citizens, which Guardia and his myrmidons were challenged to contradict to the face of Costa Ricans. Aguirre, J. M., Recortes ... Corresp. Hist. Polít., 1-21. This is a letter dated and published at Panamá May 1, 1876, and addressed to Francisco Chavez C., editor of El Costaricense, Guardia's press organ, whom he handles without gloves for his defence of Guardia's acts and abuse of Guardia's opponents. The writer had been one of the victims of both, and was evidently well posted on the history of Guardia's rule. Making allowance for exaggeration in some instances, the conclusion to be arrived at is that Guardia acted like an autocrat who would brook no opposition. It does not appear, however, that he was sanguinary.
[XVIII-55] The people took no part. It was a result of the abuse by the salaried press of the government, of the violation of pledges, and the tacit authorization of crimes against good and loyal servants of the country. Salv., Gac. Ofic., Aug. 20, 1876. Nepotism was also probably a cause. Esquivel's min. of pub. works, and the superintendent of the railroad were brothers-in-law of his. Incompetency, mismanagement, and waste were said to prevail. Pan. Star and Herald, June 1, Aug. 18, 1876. The government of Nic. attributed Esquivel's downfall mainly to his friendly policy toward her, which did not suit Guardia. Circular of Nic. Foreign Min., Sept. 5, 1875, in Salv., Gaceta Ofic., Oct 26, 1876.
[XVIII-56] He represented himself as free from political animosities, and promised to maintain order, and to push the work of the railroad. He created a council of state of five members, one of whom was Víctor Guardia. El Costaricense, Aug. 4, 10, 1876; Costa R., Col. Ley., xxiv. 145.
[XVIII-57] Because her govt had refused him recognition. Costa R., Informe Rel., 1877, 1-3. Guardia had been appointed plenipotentiary to Guat. and Salv. He visited Guat. first, and arrived at San Salvador Aug. 3d. In presenting his credentials he said that he had been instructed to pave the way for the fusion of the positive interests of Cent. Am. The real object of his mission seems, however, to have been to enlist the two governments in his projects of war against Nic. Both failed him. Salv., Gac. Ofic., Aug. 5, 15, Dec. 7, 1876; Feb. 25, 1877; Pan. Star and Herald, Jan. 17, 1877; Nic., Mem. Rel., 1879, p. iii.-iv. 23-5. Relations with Nic. were not restored till June 30, 1878. Costa R., Col. Ley., xxiv. 168-9; xxv. 97-8.
[XVIII-58] Almost his first act was to dismiss from the educational establishments the able teachers who had been brought out at great expense, replacing them with jesuits. For this act he was rewarded with an autograph letter from the pope. He removed the competent foreigners from the management of the railroad on the plea of economy, employing in their places inefficient, because inexperienced, natives; the result being deterioration of rolling stock, and general mismanagement. He forbade cutting rubber on the waste lands, and imposed a duty of 3 cents per ℔. He tried to force Great Britain to recall one of her consular agents. Pan. Star and Herald, Jan. 20, 1877.
[XVIII-59] He pretended to temporarily do so on the plea of ill health.
[XVIII-60] He chose Pedro Quiróz and Rafael Barroeta his substitutes. Costa R., Informe Gobern., 1878, 2.
[XVIII-61] Appointing members of the supreme court, enacting laws, and discharging the functions of a consultive council. Id., 1878, 1-2; Salv., Diario Ofic., Sept. 25, Oct. 11, 1878.
[XVIII-62] Promulgated the 18th by Guardia. Costa R., Col. Ley., xxv. 186-7, 210-11, 217-19, 228-30; Id., Col. Disp. Legis., 1878, 16-17.
[XVIII-63] Decree of Dec. 19, 1877. U. S. Gov. Doc., H. Ex. Doc., 45th Cong., 3d Sess., i. 76-9. Relations with Hond. were also interrupted in 1878. Costa R., Informe Min. Rel., 1879, 2; Id., Col. Ley., xxv. 237.
[XVIII-64] Costa R., Col. Disp. Legis., 1878, 19-20, 25-6; Id., Procl., Jan. 24, 1878; Id., Informe Gobern., 1878, 2-3; Id., Inf. Guerra y Marina, 1878, 2.
[XVIII-65] Finally Mora was forbidden by the Nicaraguan government to reside within the eastern and southern departments. Nic., Mem. Rel., 1879, p. iv.
[XVIII-66] Sept. 12, 1878. Salv., Diario Ofic., Oct. 11, 1878.
[XVIII-67] Costa R., Instal. Asamblea Legis., 1880, 7 f.
[XVIII-68] Abolition of capital punishment adopted; also the following clauses: laws to have no retroactive effect; all persons, not convicted of crime, were free, and to have the privilege of entering and leaving the republic; right of congregating unarmed to discuss public affairs, and the conduct of officials, of petitioning individually or collectively, and of expressing political opinions, together with freedom of the press fully recognized. Pan. Star and Herald, Oct. 16, 1880.
[XVIII-69] Free expressions of opinion were an open road to persecution. Id., Nov. 6, 1880.
[XVIII-70] Costa R., Honores Fún., 1882, 1-59; Pan. Star and Herald, July 20, 1882.
[XVIII-71] Fernandez was born in San José July 18, 1834. He received a portion of his education in Guat., and at 18 years of age entered the Costa Rican army. In 1854 he was a sub-lieutenant, and in 1856 served in Nic. against Walker. In 1860 he fought against the invaders under Ex-presid. Mora at Angostura. In 1870 he was one of the few men that captured the artillery barracks, thereby causing the overthrow of Presid. Jimenez. During Guardia's rule he held several positions of trust and rose to gen. of division. His wife was named Cristina Guardia. Costa R., Boletin Ofic., March 14, 1885; Id., Gaceta, April 30, 1885.
[XVIII-72] Aug. 11, 1882, a gen. amnesty for political offences to date was decreed.
[XVIII-73] A sort of compromise was agreed to; a few officials were removed, and the Quincenal Josefino, Montúfar's journal, ceased publication. Pan. Star and Herald, Feb. 24, 1883.
[XVIII-74] They were embarked the 19th at Limon; and the fact was telegraphed the same day to the other Cent. Am. governments by Sec. of State Castro. El Guatemalteco, July 30, 1884; Costa R., Informe Rel., 1885, 17, 89-91; Pan. Star and Herald, Sept. 18, 1885.
[XVIII-75] July 19th, cemeteries were secularized. July 22d, religious orders were suppressed. All these executive decrees were countersigned by Minister Bernardo Soto, who later became president. Costa R., Gaceta, June 9, 1885.
[XVIII-76] The federation plan had been opposed in 1883 by Costa Rica refusing to accredit delegates. Costa R., Gaceta, Feb. 3, 1885; U. S. Gov. Doc., H. Ex. Doc., Cong. 48, Sess. 1, pt 1, 54.
[XVIII-77] Costa R., Gaceta, March 9-12, 1885.
[XVIII-78] Further honors to his memory at a later date. Aug. 3, 1885, it was ordered that his bust should be placed in the public square of San José. Id., March 13, 14, Aug. 5, 1885; La Estrella de Pan., March 28, 1885; El Universal (Pan.), March 17, 1885; Pan. Star and Herald, March 23, Sept. 9, 1885.
[XVIII-79] Soto is a native of Alajuela, Feb. 12, 1854; his parents being Gen. Apolinar de J. Soto, and Joaquin Alfaro. He was educated in Costa Rica, and in 1877 was admitted to the bar, and practised the legal profession till 1880, when he travelled in the U. S. On his return he was made governor of the province of Alajuela, in which position he exerted himself for the advancement of the province. He did not complete his term, having to make a visit to Europe. On his return in April 1882, he was again appointed governor of Alajuela, and in August of the same year the executive called him to fill a position in his cabinet as minister of government, police, and public works. Apr. 19, 1885, he married Pacífica, a daughter of Ex-president Fernandez; and May 15th, congress declared him a benemérito, and gen. of division. Costa R., Gaceta, May 16, June 9, 1885.
[XVIII-80] The first named was given the portfolio of foreign affairs. Id., March 13, 14, 1885.
[XVIII-81] Circular of March 17, 1885. It also explained the motives prompting Costa R., Salv., and Nic. to resist Barrios' projects. Id., Manif. del Gob., 1885-6. Costa R. sent a contingent of troops to Nic., Hond., and Salv. Her troops, however, had no opportunity to fight. Presid. Soto tendered his resignation on the 5th of June, but it was not accepted, and extraordinary powers were conferred on him for sixty days. Id., Gaceta, May 22, 23, June 6, 1885.
[XVIII-82] He was also deprived of his political rights, 'por el delito de conspiracion para rebelion, cometido en servicio activo de las armas.' Costa R., Gaceta, Nov. 27, 1885.
[XIX-1] In 1829, when convents were closed in Guat., he had to leave the cloister, and afterward obtained a papal dispensation from his vows. He then studied law, and received the degree of licentiate in 1836.
[XIX-2] Slowness and procrastination ruled supreme. A citizen of Salvador said of Dueñas to describe his policy: 'El mejor caballo para Dueñas es el que no anda.'
[XIX-3] In Jan. 1866 he married a wealthy widow, who had been educated in the U. S. That same year the university conferred on him the degree of doctor of laws. Nic., Gaceta, Feb. 3, March 3, 1866.
[XIX-4] The Hondurans claimed on the strength of art. 8th of the treaty concluded at Santa Rosa on the 25th of March, 1862, the concentration in the interior of Salvador of Gen. Florencio Xatruch, the priest Miguel Bustillo, and José Manuel Selva, Hondurans; and also of certain Nicaraguans, who after their rebellion against the government of Fernando Guzman in their own country, had found a refuge in Salvador, and made common cause with the enemies of President Medina, because he had supported Guzman with the moral and diplomatic influence of his government. The Salvadoran negotiator denied that Xatruch was a political refugee. He was sent by Nic. in 1863 to Salv. at the head of an auxiliary force. Later with Nicaragua's permission he was employed by Salv., he being since 1858 a general of division of her army, a rank conferred on him for his services against Walker and his filibusters; and was therefore entitled to all the rights of a Salvadoran citizen. Salv. pledged, however, that he would do no hostile act against Hond. As to adopting any action against the Nicaraguans, the demand could not be acceded to, because they did not come under the provisions of the treaty with Honduras, nor were they political refugees at all. The commissioner of Salv. made counter-charges: 1st. Hond. had violated art. 9 of the treaty of Santa Rosa, in that her legislature had empowered the executive to declare war against Salv. without first complying with the terms of that clause. 2d. She had allowed asylum to Salvadoran refugees, giving them employment on the frontier of Salv., where they had been constantly plotting and uttering menaces against their govt, using arms obtained from Honduran govt warehouses. All remonstrances against such proceedings had been disregarded. 3d. Hond., heeding false reports, had raised 1,500 men, keeping a portion on the Salv. frontier, and maintaining a warlike attitude. The Honduran commissioners denied the correctness of the charges, and quoted instances in which their government had given proofs of deference and friendship toward its neighbor. Salv., Protocolo de las Conf., 1-16.
[XIX-5] Nic. had mediated on behalf of peace, accrediting H. Zepeda and M. Montealegre as commissioners at Amapala. But an affair of arms at Pasaquina frustrated the efforts of the legation. Circular of Nic. Foreign Min., Sept. 5, 1876, in Salv., Gaceta Ofic., Oct. 26, 1876.
[XIX-6] The oligarchs pretended contempt for Medina's action; some said, 'Medina es un loco, y Honduras un esqueleto;' others, 'La quijotesca actitud de Honduras afianzará mas nuestro poder.' Uriarte, Observ. ... Union Rep. Cent. Am., 3.
[XIX-7] It was said that Medina was enticed into assisting the liberals, under the delusion that they would call him to rule over the united states of Guat., Salv. and Hond.
[XIX-8] San Salvador, the capital, had been several days fortified awaiting an assault, but the invaders, not knowing how much force there might be at hand for its defence, preferred to march on to Santa Ana.
[XIX-9] Hond., Boletin Ofic., no. 2, contains the official report of the action, copied in Nic., Gaceta, March 13, 1871.
[XIX-10] A guard was kept around the minister's house as long as Dueñas was his guest.
[XIX-11] He was kept there, treated with respect and consideration till after his trial. The particulars of his surrender appear in the official correspondence of Min. Torbert with both his own and the Salvadoran governments. U. S. Gov. Doc., H. Ex. Doc., Cong. 42, Sess. 2, i. 693-5.
[XIX-12] There was no reason to keep him a prisoner. He could no longer injure Medina, and moreover, the government took into account his valuable services to Cent. Am. in 1856-7 against Walker. Laferrière, De Paris à Guatémala, 197-8.
[XIX-13] The process was accordingly passed to the cámara de 2d instancia. El Porvenir de Nic., June 2, 1872.
[XIX-14] The revolution was declared one for the restoration of the people's rights, Gonzalez being recognized as provisional president. His recall of the supreme court was approved of.
[XIX-15] Freedom to meet peaceably for the discussion of public affairs and the conduct of the rulers; freedom of speech and of the press were fully recognized and established, as also the inviolability of life, personal liberty, property, and honor, which no man could be deprived of except for cause after undergoing a fair trial. A citizen's domicile and private papers were also declared inviolable. Primary instruction was to be uniform, gratuitous, and obligatory. Secondary and superior education were to be free, though subject to the supervision of the civil authorities. Passports were abolished. The Roman catholic was declared to be the state religion, but other christian sects not repugnant to morality and good order were tolerated. Foreigners could become naturalized after two years' residence, and Spanish Americans after one year. All Salvadorans of 21 years or upwards, and of good moral character, were citizens, provided they had either one of the following qualifications: being father of a family, or head of a household; knowing how to read and write; possessing an independent livelihood. Those of only 18 years of age having a literary degree were also voters. The military in active service could neither vote nor be voted for. The government was vested in three distinct powers: legislative, composed of a senate, renewable yearly by thirds, each senator owning at least $2,000 in real estate, and a house of deputies, the whole renewed yearly; the executive, vested in a president owning at least $10,000 in real estate, his term being for only two years; and the judiciary, consisting of the supreme and lower courts. No ecclesiastic was eligible. The president, vice-president, and members of both houses of congress were to be chosen by electoral colleges. Laferrière, De Paris á Guatémala, 199-202; El Porvenir de Nic., Nov. 26, 1871; Jan. 7, 1872; Ruiz, Calend. Salv., 70.
[XIX-16] Full Sp. text in Laferrière, De Paris á Guatémala, 343-82; U. S. Govt Doc., H. Ex. Doc., Cong. 43, Sess. 1, For. Rel., ii. 788-94, 811-20; Nic., Gaceta, Nov. 30, 1872; Nic., Semanal Nic., Nov. 28, 1872.
[XIX-17] Salvador's acceptance of the war declared by Hond. March 25th was signed by President Gonzalez, and countersigned by his cabinet; namely, Gregorio Arbizú, min. of foreign rel.; Manuel Mendez, min. of pub. instruction; Borja Bustamante, min. of the treasury and war; and Antonio G. Valdés, acting min. of govt. El Porvenir de Nic., May 12, 1872.
[XIX-18] A plot was to break out simultaneously in San Salvador, San Vicente, Sensuntepeque and Cojutepeque, with ramifications in Guatemala. The Indians of Cojutepeque rose against the garrison and were beaten off.
[XIX-19] The report was dated Oct. 4th, and signed by the ministers, G. Arbizú, J. J. Samayoa, and Fabio Castillo. The legislative sanction was given Oct. 14th. Report of Thomas Biddle, Am. minister, in U. S. Govt Doc., H. Ex. Doc., For. Rel., Cong. 43, Sess. 1, ii. 784-7.
[XIX-20] Mendez held also the position of minister of public instruction, justice, and ecclesiastical affairs. He was an honorable, energetic, and talented man, and his loss was much deplored by the country, and particularly by Pres. Gonzalez. U. S. Govt Doc., H. Ex. Doc., Cong. 42, Sess. 3, i. 547-8. The republic also lost this year, Dec. 10th, one of her most gifted and valuable sons, Gregorio Arbizú, who had likewise been vice-president, and for many years minister of foreign relations. His funeral was conducted and the expenses defrayed by the government, as a mark of respect and appreciation of his services. Nic., Semanal Nic., Dec. 26, 1872.
[XIX-21] He was captured in Jan. 1875, and shot on the 29th of Apr. Salv., Diario Ofic., Jan. 20, May 1, 1875.
[XIX-22] Such was the flattering account given by the government to the national congress, on the opening of its labors Jan. 18th. Salv., Mensaje del Presid., Jan. 20. 1875; Id., Mem. Sec. Rel. Exter., 1875, 1-12; Id., Diario Ofic., Jan. 20, 1875.
[XIX-23] Under a decree of amnesty of Nov. 2, 1875. Salv., Diario Ofic., Nov. 4, 1875.
[XIX-24] The governments of Guat., Nic., and Hond. tendered aid. The rebels were eventually pardoned after some months' imprisonment. Pan. Star and Herald, July 6, 28, 1875; Salv., Diario Ofic., June 23 to July 21, 1875.
[XIX-25] This intervention was apparently on the ground of humanity, to stop the civil war raging there. But the main reason recognized was that the situation in Hond. was a menace to Salv., and might lead to an interruption of friendly relations between the latter and Guat. Salv., on being accused of violating the compact, alleged that by strict rights it had become obsolete after the action of Naranjo, when Leiva's administration demolished its foes and recovered its full authority. However, Salv. was disposed to fulfil her agreement. Salv., Diario Ofic., March 23, 1876.
[XIX-26] These decrees were countersigned by the other ministers, J. Barberena, F. Lainfiesta, and Joaquin Macal. Guat., Recop. Ley., Gob. Democ., 202-6; Pan. Star and Herald, Apr. 17, 1876.
[XIX-27] It denies all the charges of Barrios and his govt as unfounded in fact and slanderous, and imputes to Barrios the intent to conquer Cent. Am., beginning with Salv. and Hond. This decree is countersigned by the ministers Manuel Cáceres, Dositeo Fiallos, Julian Escoto, and Cárlos Bonilla. Salv., Diario Ofic., March 29, 1876; Pan. Star and Herald, Apr. 8, 1876.
[XIX-28] Uraga acted under orders, and wonders why the Salvadorans did not fall upon Chingo and capture all the supplies there. Réplica, 12-16.
[XIX-29] The victors did not occupy Apaneca because the enemy, though defeated, was still much superior in numbers. The Salvadoran general-in-chief claimed a victory over 2,500 well-disciplined Guatemalans. The Diario Ofic. of San Salv., Apr. 18, 1876, had it that 4,000 Guatemalans were put hors de combat in the two fights of Apaneca—evidently an exaggeration.
[XIX-30] The Salvadoran army of the east was annihilated. Gen. Delgado, and colonels Henriquez and Jerez were killed, Gen. Figueroa and Col Benj. Molina wounded. A large number of prisoners, about 1,500 Remington rifles, and much other war material fell into the victors' hands. El Guatemalteco, Apr. 25, 1876; Pan. Star and Herald, May 1, 2, 1876. According to a Salvadoran account, the eastern expeditionary force consisted of 1,500, while that of Solares was of 2,500. The former claimed a victory on the 17th, confessing, however, that they had finally to retreat. Salv., Diario Ofic., Apr. 19, 23, 25, 1876.
[XIX-31] He had thrown into it 900 bombs without other result than destroying a few buildings. Un Guatemalteco, Cartas, 26; Salv., Diario Ofic., Apr. 21, 1876. Gen. Gonzalez told a different story.
[XIX-32] Gonzalez said that during the negotiations there were 2,300 men in Ahuachapan and 2,000 in Santa Ana; of the latter only one half were well armed. The Guatemalans had every advantage—numbers, arms, discipline, and abundant resources of every kind. They had but few desertions, whereas from the Salv. ranks there had been many. Barrios' army on entering Santa Ana exceeded 9,000 men. Salv. still had a chance of obtaining honorable terms. If these were refused, she could, after providing for the defense of the capital, concentrate the remainder of her forces in Santa Ana, and trust to the chances of a battle. Gonzalez, Rel. de los Hechos Ocurr., 1-18, in Pap. Var., ccxxvii. no. 14.
[XIX-33] The commissioners were José Valle, Jacinto Castellanos, and E. Mejía for Salv., and Gen. Lopez Uraga for Guat. The terms are here epitomized: 1st. Presid. Valle was to resign the executive office to the person hereafter named. 2d. Gen. Gonzalez to give up the command of the forces to Valle. Both were to have full guaranties for their persons and property. 3d. The Salv. forces now at Santa Ana were to retire to San Salv.; Santa Ana to be evacuated by 12 M. of the 27th inst. War material that could not be removed in time was to be delivered to Uraga under inventory. 4th. Santa Ana, and territory within two leagues of the town, were to be occupied by the Guatemalans, the civil authorities being allowed to exercise their functions therein, but expected to furnish supplies; Barrios guaranteeing security of persons and property to the inhabitants. The Guat. forces in the east were to occupy San Miguel, and territory within one league, under the same guaranties allowed the civil authorities and people of Santa Ana. 5th. Presid. Valle was to convoke a junta of notables, within four days from the ratification of this convention, to meet at Santa Ana, and choose in accord with Barrios the person in whose hands Valle must resign his offices. 6th. The acting executive must, within ten days, convoke the people of Salv. to freely choose, a month later, the president of the republic. 7th. The person designated by the notables shall have organized his government and issued the convocation, the forces of Guat. will leave the Salv. territory. 8th. Barrios and the provisional executive of Salv. will make a treaty of peace between the two republics. 9th. This convention must be ratified by Barrios at once, and by telegram within twenty-four hours by Valle, the ratifications to be exchanged within six hours after. An additional article made free the transit between the two countries. The convention was duly ratified. Upwards of 200 persons at Santa Ana sent Barrios, after the occupation of the town by his troops, April 30th, an address of thanks for his magnanimity and generosity, adding that no Salvadoran could justly complain of the behavior of the Guat. army. Guat., Boletin de Noticias, no. 8; Barrios, Mensaje, Sept. 11, 1876, 7-11; Salv., Diario, Ofic., May 4, 7, 1876; Id., Gaceta Ofic., May 26, 30, 1876; Costa R., Informe Sec. Rel., 1876, 11-12; Pan. Star and Herald, May 16, 1876.
[XIX-34] Cruz Ulloa, min. of foreign relations, justice, eccles. affairs, and pub. instruction; José Lopez, of govern.; Estanislao Perez, of war; and Fabio Moran, of treasury. Salv., Diario Ofic., May 6, 1876.