The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-11-26
The Cuban Constitutional Conven-
tiOn.

ton.
Tho convention convoked at Havana
for the purpose Of framing "A Constitution
for Cuba has don a good deal OF pre-
urinary work and IL IL now. therefore,,
opportune to consider what kind OF or
ganic law il Is likely to devise.
We should first note that the method
OF procedure, 40 far rs this has been agreed
upon, has some points OF likeness and
some points of unlikeness TO that adopted
by the convention which met at Phila-
delphia in 1887. All proceedings. in
Guiding debates, In the Cuban assembly
are to be public. At Philadelphia the
sessions Of the convention were secret.
and so vigorously was the rule of secrecy
observed that our only sources OF infor-
matio concerning the debates are notes
jotted down at the time by certain mem
beers and subsequently published. Had
the proceedings at Philadelphia been
public, 1t Is probable that no Constitution
would have been framed: at all events. the
members would have been constrained
by public opinion in a majority OF the
States to conine themselves TO certain
Amendments Oh VIC tllOu tAipNiiS VIZ
OF Confederation.
Sectional jealousies are likely to play
a comparatively small part in the Havana
assembly, because the Spanish regime had
a strongly unifying tendency and dis
couraged the development OF provincial
home rule. Many thoughtful Cubans are
Of the opinion that the tendency needs
to be checked, but the publicity Of the
proceedings will enable the inhabitants
Of Havana TO exercise much pressure
upon the conclusions arrived at by the
convention. An attempt has been made
to minimize the effects OF such pressure
by a provision similar to that made at
Philadelphia. the provision, namely, that
the task of constructing the several parts
Of the Constitution shall he delegated to
committees which will deliberate in secret.
and not until the whole instrument shall
have been completed will il be submitted
TO the convention at a public session.
Even then the onlookers may have suffl-
Gent influence, IA they had in Paris. when
the National Assembly devised the first
Revolutionary Constitution, to compel
the return of the instrument to the com
mittees for amendment.
In one capital particular the members
Of the Cuban Convention are unlikely to
Reek models in the organic laws Of Switzer-
land, the United States, British North
America. the Australian Commonwealth.
Mexico, Colombia or Venezuela. In each
Of the seven cases named the Constitution
establishes a federation OF previously
independent or semi-indepe rdent States.
There are some advocates Of the federal
principle even In Cuba, in spite of
the islands traditional unity. but there
are serious objections to the acceptance
Of the principle as the basis of the proposed
Constitution. ONE OF tie provinces are
rs yet too p or to bear the burden Of a
separate State Government. while in one
Of them Santiago, the people Of color
30 greatly preponderate that their Part
Of the island. II allowed to he IA autono-
nous as ia a State in our Union. would
be threatened with the fate OF Hayti.
II is probable that the Cubans. like the
Chilians, will take for a pattern the French
Republic. carrying the principle OF unity
50 far as 10 make the Governors or Projects
Of provinces or departments appointees Of
the n%ational Executive.
n Of the most thorny questions 10
be discussed and settled by the Havana
Convention will be the regulation Of the
suffrage. Shall the Constitution itself
define, once for all. the conditions under
which the franchise may be exercised,
or shall II leave the definition of them to
the national Legislature, or to provincial As
semblies corresponding, in some measure.
To our State legislatures? No doubt, the
hrst of these three courses will be followed.
II a unifying principle pervades the or.
ganic law.
Another question Of great importance
relates tn the funds upon which the ISL
and's national Government is to rely
Shall the whCi. Of the customs revenue 90
10 the national Government, or shall n
part Of IL be assigned To provincial and
municipal uses? Unless the national Gov.
eminent assumes the entire burden Of
education and Of public works, ii ought
not To need the whole Of the customs rev.
enue. provided II be not called upon To
maintain a navy or n large army.
We come, finally, 10 the question. Shall
the Constitution itself define the future
relations Of Cuba 20 the United Sta,e.2
Logically. those members OF the convention
are right who contend that those relations
ought To be defined by the convention
before the task of constructing a Constitu-
ton Is delegated to committees. A major
iy of the convention. however. approyel
OF the view p~ropounded by Senior GUAL-
BRRTo GOMEZ. that the framing OF the