The successor of Saravia was Lieutenant-general José Bustamante y Guerra, appointed by the supreme council of regency, and soon after confirmed by the córtes generales extraordinarias. He was a naval officer, and had made several important cruises in the cause of science,[I-17] and latterly had been civil and military governor of Montevideo, a position that he filled efficiently. His zeal against the independents in that country pointed him out as the one best fitted to retard the independence of Central America. On his return to Spain from South America he refused to recognize Joseph Bonaparte.
Bustamante is represented to have been an inflexible, vigilant, and reticent ruler. He lost no time in adopting stringent measures to check insurrections, and displayed much tact in choosing his agents and spies. No intelligent native of the country was free from mistrust, slight suspicion too often bringing upon the subject search of domicile, imprisonment, or exile. He never hesitated to set aside any lenient measures emanating from the home government in favor of the suspected, and spared no means that would enable him, at the expiration of his term, to surrender the country entire and at peace to his superiors. He was successful, notwithstanding there were several attempts at secession.
Meanwhile the American representatives had been permitted to lift their voice in the national councils. They had called attention to the grievances of their people. In a long memorial of August 1, 1811, to the córtes, they had refuted the oft-repeated charge that the friends of independence in America were or had been under Napoleonic influence. They set forth the causes of discontent,[I-18] which they declared was of long standing, and called for a remedy. Reference was made to Macanar's memorial to Felipe V.,[I-19] wherein he stated that the Americans were displeased, not so much because they were under subjection to Spain, as because they were debased and enslaved by the men sent out by the crown to fill the judicial and other offices.[I-20]
The organic code was finally adopted on the 18th of March, 1812.[I-21] The instrument consisted of ten titles, divided into chapters, in their turn subdivided into sections, and might be considered in two parts: 1st, general form of government for the whole nation, namely, a constitutional monarchy; 2d, special plan for the administration of the Indies.[I-22]
NEW ORGANIC CODE.
In lieu of the old ayuntamientos, which were made up of hereditary regidores, whose offices might be transferred or sold, others were created, their members to be chosen by electors who had been in their turn chosen by popular vote. The ayuntamientos were to control the internal police of their towns, their funds, public instruction within their respective localities, benevolent establishments, and local improvements. They were to be under the inspection of a diputacion provincial, formed of seven members, elected by the above-mentioned electors, in each province, under the presidency of the chief civil officer appointed by the king; the chief and the diputacion were jointly to have the direction of the economical affairs of the province. No act of either corporation was final till approved by the national córtes. In America and Asia, however, owing to great distances, moneys lawfully appropriated might be used with the assent of the chief civil authority; but a timely report was to be made to the supreme government for the consideration of the córtes. Such were the chief wheels in the machinery of provincial and municipal administration. Now, as to popular rights, equality of representation in the provinces of the Spanish peninsula, Asia, and America was fully recognized. The descendants of Africans were alone deprived of the rights of citizenship. This exclusion was combated with forcible arguments by many of the American deputies setting forth the faithful, efficient services colored men had repeatedly rendered and were still rendering to the nation, and their fitness for almost every position. Many of them, they said, had received sacred orders, or had been engaged in other honorable callings, in which they had made good records; besides which, they comprised a considerable portion of the useful mining and agricultural population. Unfortunately for the negro race, the American deputies were not all of one mind. Larrazábal, from Guatemala, probably acting both on his own judgment and on the opinion expressed in 1810 by the real consulado, asserted the black man's incapacity, advocating that persons of African blood should be conceded only the privilege of voting at elections. This motion was supported by a Peruvian deputy. The peninsular members favored the admission to full rights of colored priests, and all colored men serving in the royalist armies. The measure was lost, however; but the article as passed authorized the admission to full political rights, by special acts of the córtes, of colored men proving themselves worthy by a remarkably virtuous life, good service to the country, talents, or industriousness, provided they were born in wedlock, of fathers who had been born free, married to free-born wives, and were residents of Spanish possessions, practising some useful profession and owning property.
Pursuant to the constitution, the córtes ordered, May 23, 1812, elections for members to the ordinary córtes of 1813.[I-23]
The constitution was received at Guatemala on the 10th of September, 1812, proclaimed on the 24th, and its support solemnly sworn to by the authorities and people on the 3d of November, with great satisfaction and evidences of loyalty. Gold and silver medals were struck off to commemorate the event.[I-24]
The installation of the córtes took place, with the apparent approval of Guatemala. The president, members of the audiencia, and other dignitaries who had thriven under absolutism, looking on Americans as 'our colonists,' became at once liberals and constitutionalists, pretending to recognize the wisdom of the national congress in declaring that the Americans were no longer colonists, but citizens of one common country. Their manifestation of September 15, 1812, was followed three days after by one from the ayuntamiento of Guatemala to Deputy Larrazábal, in the same strain, suggesting the creation of a board advisory to the córtes, on the reino de Guatemala legislation.
EXPEDITION TO OAJACA.