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CONSTITUTIONAL GOVERNMENT.
1825-1830.
This court superseded the audiencia founded in 1544 at Gracias a Bios, and
transferred in 1549 to Guatemala. Marure y Efem., 14.
b
It was for a defensive and offensive alliance and equal privileges of trade.
It was ratified by the Cent. Am. govt The full text is given
Sept. 12, 1825.
in Ihcha, Cddigo Nic. , i. 95-9; Marure, Bosq. Hint. Cent. Am., i. xxxviii.-
xlvii. See also Ayon, Consid. Llm., 28-9; Gacela de Salv,, Oct. 12, 1854.
a
lt was therein stipulated that the citizens of both republics should enjoy
all the rights granted by one or the other to the most favored nation. The
same rights for political purposes were also agreed upon, that of free exercise
of religion being included. All clauses of a commercial character were to be
in force 12 years; the others perpetually. Privileges and rights enjoyed by
the citizens of either republic were to be also allowed to those immigrating
from the other. This treaty was ratified by the younger republic on the 28th
of June, 1826. The text in both English and Spanish may be seen in U. S.
Govt Doc., U. S. Acts, Cong. 19, Sess. 2, Sen. Doc. 1, i. 149-70; Am. St.
Pap., For. Eel., v. 774-82; Gordon s Digest of Laws, 328-35; Marure, Bosq.
Hint. Cent. Am., i. xlvii.-lxv.
10
Arce s Mess., March 1, 1826, in Repertorio Am., i. 274-9; Santangelo,
Congre;o Panama, 73-5.
HIST. CENT. AM.. VOL. III. 6
82 CONSTITUTIONAL GOVERNMENT.
The
republic being now fairly launched, had Arce
possessed the ability all might have gone well. But
he either overestimated his administrative powers, or
underrated the magnitude of his task; and after de
creeing some wise measures upon the military defences,
lie
began to sow dissatisfaction by his vacillating
policy. Amember of the liberal party from the first
day that he took part in the political affairs of the
country, he now committed the serious error of
abandoning the ground upon which he might have
trod with safety. In his endeavors to please both
parties, he succeeded in offending the liberals without
n Their
newspapers, El Liberal and Don Meliton, charged him with par
tialityand incapacity. The latter, for its satire and ridicule, was the more
formidable foe, as Arce himself acknowledges. Mem., 5.
12
The departmental chief of Guatemala claimed that he was not under
Arce s authority, but tinder that of the state, then residing at La Antigua.
13
1825, the political features of the country had notably
changed. But fortunately the danger to the republic
from the action of the serviles was avoided, because,
upon lots being cast on the 1st of October for the re
newals of members of congress, 14 the retiring members
happened to be chiefly of districts where the servile
party had majorities before, and were now replaced
by liberals, the preponderance of the latter being thus
increased. The second constitutional congress assem
bled on the 1st of March, 1826. Among its mem
bers was Valle, who, bent on revenge, erelong made
common cause with the liberals, 15 thoughO he was not
allowed to exercise a predominant influence in their
counsels.
On the day congress opened, the president delivered
his message detailing the condition of the country,
but most of it had reference to the relations with
16
foreign powers. The impending rupture was finally
hastened by the president s course toward Colonel
Nicolas Raoul, a French officer who had recently ar
rived from Colombia, and had been made commander
of the artillery and a member of the council of war. 17
Notwithstanding the considerations and favors con
ferred on him by Arce, no sooner had he received his
appointment than he openly sided with the liberals
and gave utterances against the government. There
fore, when Raoul was summoned by congress to aid
in the organization of the federal troops, the president,
to get rid of him, sent him to explore the northern
13
coasts. Arce then undertook to increase the federal
13
The total number of decrees enacted was 92, and that of orders sub
mitted to the executive 308. For more details, see El Centra Americano,
1826, 38.
14
One half of the representatives of every state had to retire, according to
the constitution.
15
He had at first declined the connection, but afterward accepted it para
dar rienda suelta a sus resentimientos y pasiones contra el presidente Arce.
Mem. Rev. Cent. Am., 48.
lb
Text in Repertorio Am., i. 273-89.
17
He brought letters of recommendation from Pedro Molina, who was
representing Cent. Am. at Bogota, and had a high opinion of him, as he had
served under Napoleon. Marure, Hist. Cent. Am., i. 230.
l>osq.
18
After he completed that work he was ordered to remain on the coast till
further orders from the government. The congress tried in vain to prevent it.
84 CONSTITUTIONAL GOVERNMENT.
22
liberals by their heedless attacks on the clergy, and
22
Restricting the archbishop s powers, and placing him to some extent
under civil authority; suppressing the subventions of curates, and abolishing
certain privileges the clergy had till then enjoyed; tithes were reduced, and
persons under 25 years of age were not allowed to take monastic vows. Ma*
rure, Bosq. Hist. Cent. Am., i. 244-5.
23
The full text of the resignation is given in Arce, Mem., 25-7.
86 CONSTITUTIONAL GOVERNMENT.
authority. An
order of arrest was issued against
Captain Espinola, the officer who had carried out the
commands of the federal executive, and the jefe, or
chief of the state, Juan Barrundia, was authorized to
raise a sufficient force to seize Espinola s person, 24 and
the pecuniary contingent of the state for federal ex
25
penses was withheld.
The troops despatched to arrest Espinola numbered
300 men, and were commanded by Cayetano de la
Cerda, who encountered his man near Acasaguastlan.
To avoid bloodshed, a capitulation was agreed upon
by both parties until they should obtain further orders
from their respective governments. 28
When news of this agreement reached Guatemala,
a few days later, simultaneously rumors came to the
ears of Arce that a coup-de-main was contemplated
by Barrundia, with the evident intent of effecting his
removal. To anticipate the blow, 27 on the 5th of
September Arce secretly ordered the commander of
the federal forces to arrest Barrundia at an early hour
the following morning, and disarm the state troops,
28
using force if necessary. This was done, the officer
29
meeting with no resistance. The liberals had no
suspicion of Arce s resolve till after its execution.
24
Pondra sobre las armas toda la fuerza que crea necesaria. .En caso do
.
30
Doc., in Arce, Mem., 26.
31
It is a long doc., giving details, and dwelling specially on the part
Raoul had played. Id., 27-31.
32
Comments and details on the subject in Marure, Bosq. Hist. Cent. Am.,
i. 255-8; Mem. Rev. Cent.
3a
Am., 53-4.
Este desenlace hizo ridiculo todo lo que antes habia parecido un golpe
maestro. Mem. Rev. Cent. Am., 54.
34
To save appearances, Arce pretended to induce his supporters to assume
their positions in the chamber, but there is little doubt of its being mere
sham. It has been intimated that even some liberals declined to sit, from
apprehension that an investigation of Arce s conduct might lead to civil war.
88 CONSTITUTIONAL GOVERNMENT.
41
it was said, to the publication of a pontifical bull, which, under
Owing,
Arce exequatur, had been restricted to Guatemala by the archbishop, a
s
66
been asserted that he offered his services to Salvador, and was
It has
slighted, Mem.
Rev. Cent. Am., 97-8, which finds confirmation in Arce s own
statement. Mem., 88-9. Squier has it that Arce went to Mexico, Travels, ii.
402; but this seems to be a mistake, for he was in Guatemala in 18:29.
67
A few days previously, on the 20th, the assembly of Guatemala decreed
a renewal of all the powers of the state, with the vain purpose of removing
one of the obstacles to the termination of the war. Marure, Efem., 22.
68
Prado and Morazan offered peace to the Guatemalans on condition that
the federal government should be fully restored. EL Etpiritu Pub., Feb.
14, 1829.
69
He established his general headquarters in Ahuachapan, whence raids
were constantly made into the enemy s territory.
70
This took place on the 22d of Jan., 1829. The sedition, though soon
quelled, rather hastened the action of Morazan with his allied Salvador and
Honduras force.
SUCCESS OF MORAZAN. 97
74
March 6, 1829. The disaster occurred at San Miguelito. Morazan,
Apuntcs, MS., 15. The place received, for that reason, the name of San
Miguel Morazan. The Frenchman Raoul, now a general under Morazan,
figures prominently in the military operations at this time.
75
On the 15th of March. Marure, Efem., 23; Morazan, Apuntes, MS., 15;
Mo/itttfar, faxefia Hint., i. 62-3.
76
The federal force that succumbed in Las Charcas was commanded by
their mayor-general, Agustin Prado, not Col Pacheco, as supposed by some.
The federals had no general now. Cdscaras had lost his reputation, and was
HIBT. CENT. AM., VOL. III. 7
98 CONSTITUTIONAL GOVERNMENT.
407-14; this authority claims that Mexican mediation might have been finally
successful in restoring peace but for the opposition of the new chief of Guate
mala.
A
78
long account of the alleged outrages of Morazan s forces appears in
Mem. Rev. Cent. Am., 132-3. Marure, Efem., 24, in referring to the capture
of Guatemala, makes no mention of any such abuses.
7a
Morazan s answer was addressed to Gen. Aycinena, not recognizing the
latter as chief of Guatemala, Juan Barrundia s term not having expired when
Arce deposed him, in consequence of which act Aycinena rose to that position.
The dissolved authorities of 82G were now assembled in La Antigua, and Mo
1
razan held relations with them. Aycinena had changed his tone; he was no
longer the man of the manifestoes of 1827, of the prescriptive decrees, nor of
the stringent military orders of the first months of 1829. He did not now
call his opponents un puiiado de enemigos del orden, descamisados y fora-
jidos. Montufar, Reseua Hist., i. 72-5, 79-SG.
80
Astaburuaga, Cent. Am., 18, erroneously places the surrender on the
20th. The terms of the capitulation are given in Arce, Mem., 98-4; Montufar,
Reseiia Hist., i. 7G-7. Only the life and property of the inhabitants were
guaranteed; the vanquished were in all else subject to the good-will of the
victor. Jos6 Milla y Vidaurre, in his biographical sketch of Manuel Francisco
Pavon, who figured in these events, claims that the capitulation was con
trary to Aycinena s wishes, who was ready to defend the place foot by foot.
Montufar, quoted above, denies the statement, adding that it was advanced
solely to make the chief of the serviles and head man of the nobles appear as
a hero, and refers to the correspondence, which will show Aycinena quite
anxious to accept the guarantee of life and property.
81
According to Miguel Garcia Granados, who in later years was a liberal
leader and acting president of Guatemala, Arce had remained unmolested at
his house in sight of the
besiegers during the three days attack. Id., 103.
100 CONSTITUTIONAL GOVERNMENT.
82
placed under arrest. Morazan, assuming then all the
powers of state, restored Juan Barrundia to the posi
83
tion of jefe of Guatemala, whereof he had been
deprived by Arce. The capitulation of April 12th
was on the .20th declared void, on the ground that
the federal commander had failed to comply with its
terms in not giving up all the arms his forces held at
81
the time of the surrender. Morazan treated the func
tionaries, both federal and of the state of Guatemala,
who had taken part in the revolution of 1826 to 1829,
85
with much rigor.
82
This was done pursuant to orders from the governments of the states.
So says Morazan himself, adding that the measure was in consonance with
his own views, to reduce the number of prisoners to a minimum, y tenia
tumbicn por objeto poner en absoluta incapacidad de obrar a los principalcs
jefes que habian llevado la guerra d los Estados. Apuntcs, MS., 16-17.
He took charge of the provisional government at the end of April, Ma
fc3
riano Zenteno, who had held the position ad int., was given a vote of thanks
for his patriotism and courage. Montufar, llenena, lil*t., i. 127.
8l
Tho federal authorities alleged that their soldiers only had 431 muskets,
and not 1,500, as demanded from them. Mem. Rev. Cent. Am., 23(3-9. Mora
zan says that soldiers were allowed to leave the city with their arms, infring
ing the 4th clause of the capitulation, and he could get only evasive answers.
Apnntes, MS., 17; Arcc, Mem., 58-9, 98-103, from which the conclusion will be
drawn that the charges against the federal party were not unfounded. Mon
Ile.se net Hint., i. 109-17.
,
On this subject Morazan himself said: No one
was put to death, or had money exacted from him by me. The capitulation
was failhfully carried out, even after being annulled. Duty gave way to mag
nanimity, and there was no cause to regret it. Not that there was no blood
to avenge, grievance to punish, and reparation to demand. Among many
oiher victims sacrificed, there were, calling for vengeance, generals Pierzon
and Merino, the one shot, without even the form of a trial, the other taken
out of a Chilian vessel on which he intended to return to Guayaquil, his
country, to be murdered in the city of San Miguel. There were, besides,
the
burning and plundering of the towns of Salvador and Honduras, which
demanded a just reparation. Apuntes, MS., 10, 17.
85
lie called them to the palace, and some of them mistaking the object of
the summons made their appearance in full uniform. When all were assem
bled they were taken to prison and kept in confinement till July 9th, when
most of them were sent out of the country. Marure, Efern., 24.
MOUAZAN S MEASURES. 101
boasted that he had bearded the tyrant. The very fact that he dared to send
such a document, and did not lose his head, proves that Morazan was not
a tyrant. Arce, Mem., 113-14. Antonio Jos6 Irisarri, Manuel and Juan Mon-
tufar, protested before the assembly and government of Salvador, before the
assemblies of all the states of the union, before Gen. Morazan, before all the
republics of America, and before all the free people of the world. The doc
ument was drawn up by Irisarri, who was not a soldier, though a colonel of
militia; the language was pure and elegant, but it was virulent and full of
sophistry. Irisarri also in several publications boasted of his courage in
having sent such a document. He must have known that it would not have
any effect on Morazan. The latter was a generous man. The effect would
have been different on Rafael Carrera, whom the serviles at a later period
made their master, as well as of the whole country. Montiifar, Resena Hist.,
i. 135-6.
93
Marure has it in Efem., 25; Movtufar, Resena Hist., i. 137-9.
94
Portrait in Montufar, Resena Hist., i. 138.
95
The senate, dissolved in 1820, was reinstalled July 9th. Marure, Efem.,
25.
EXPULSION OF FRIARS. 103
9G
Arce, Mem., 122-3, and Mem. Rev. Cent. Am., 167-9, assert that they
\vere not even allowed to make preparations for the journey, and many had
furthermore to start on foot. The decree of expatriation \vas not, however,
issued till August 22d, and Jose" del Valle is said to have been its author. The
persons thus exiled for life were Arce and Beltranena, and their ministers,
Aycinena and his secretaries, Cdscaras, Villar, and other high military offi
cers, Spaniards not naturalized that served the usurping governments, and
many other prominent officers. Others were expatriated lor various terms of
years. Montufar, Hesena Mint., i. 144-50; Marure, Ej em., 26. Arce and Ayci
nena left Guatemala on the 7th of Sept. They were required to reside in the
U. 8. of Am. ; embarked at Omoa for Belize, and thence went to New Orleans.
97
Dunlop, Cent. Am., 177, and Squier, Travels, ii. 408, speak of plota
against the republic as the reason, but it was probably what the liberal
party alleged.
9rf
This step was subsequently approved by the federal congress. Marure,
Efem., 25; Rocha, Ctfdiyo Nic., ii. 373. The friars sent away were the Do
minicans, Franciscans, and Recollects. Those of the order of Mercy were not
banished; they were but few, and had not been active against the liberal
cause. The Bethlehemite hospitallers, who devoted their time to teaching
and to the care of convalescents, were also allowed to remain. The author of
Mem. Rev. Cent. Am., 170, says that the exiled priests were on the passage
vilely treated, for they were allowed only sailers rations. Montufar con
fesses that it is not likely that the 289 friars had the succulent viands that
were usually prepared for them in their convents, nor the dainty dishes they
were so often favored with from the nuns, beatas, and all the daughters of
confession. As for the archbishop, he journeyed with every comfort. Juan
B. Asturias, who made the inventory of his property, reported on 31st of Dec.,
1829, that $218 had been paid for a saddled mule to take the archbishop to
the coast; he was allowed $2,000 for the expenses of his journey, and 1,008.50
were given to the pages for conveying him and his effects. A person having
all that cannot be said to be
unprovided with edibles. Saint Peter would not
have needed so much. Rexeiia, llist., i. 156-7.
104 CONSTITUTIONAL GOVERNMENT.
"In Jane 18.30 he was declared a traitor. It has been said that it was
because he accepted a pension of 3,000 from the Spanish government at Ha-
baiui. Archbishop Casaus was later appointed to administer the vacant see
of Habana, and held the office till his death. The above-mentioned law was
revoked by the constituent assembly on the 21st of June, 1839, and Casaus
was restored to all his former rights, and recognized as legitimate archbishop.
He was repeatedly invited to return, but never would do so. Guat., Recop.
Ley?*, i. 242-3.
100
This declaration was subsequently confirmed by all the states. At a
later time Feb. 27, 1834 a further step was taken to consummate the sup
pression of monastic establishments, ordaining that the authorities should not
retain the nuns refusing to reside in the convents where they professed.
These measures continued in force till June 21, 1839, when the second con
stituent assembly of Guatemala repealed them, decreeing, consequently, the
reestablish ment of the suppressed convents. Marurc, Efem., 25.
101
He had been declared elected on the 22d of Aug., 1829. Antonio Ri
vera Cabezas had been chosen vice-jefe. AJontiifar, Helena Hist., i. 172-4,
giving also a portrait of Molina.
SPANISH EFFORTS. 105
The plan
of King Fernando VII. of Spain for the
reconquest of his former American dominions, and the
steps he was taking to accomplish it, naturally caused
a sensation in Central America, where that monarch
would be sure to find elements favorable to his views.
The so-called nobles, who had endeavored, after the
downfall of Iturbide and the separation from Mexico,
to establish in Central America an aristocratic repub
lic, such as that of Genoa or Venice, had been again
balked in their aims by the successes of Morazan. In
their disappointment they turned their eyes to Fer
nando, and through special agents, as well as through
Archbishop Casaus, made known to the captain-gen
eral of Cuba that the circumstances Central America
was then in were most propitious for the restoration
of the royal sway; for, as they asserted, all honest,
right-thinking men and women in the country yearned
for it, and the Indians were likewise anxious for the
holding or aspiring to federal offices, among the most prominent being Mora
zan. Mem. liev. Cent. Am., 201-3, dwells extensively and comments on the
subject.
lu4
Full particulars in Montufar, Re&ena Hist., i. 205-17.
106 CONSTITUTIONAL GOVERNMENT.
105
This report came from Gen. Mariano Mantilla, commanding the Colom
bian district of the Magdalena, dated Jan. 8, 1829, and addressed to the jefe
of Nicaragua. It was a long time in getting to Guatemala, and the govern
ment and Gen. Morazan at once made preparations for the defence of the
coast.
106
See my Hist. ATex., v. 72-6.
107
Under this decree some of the Spanish property was sold; but after a
while, upon the receipt of favorable news from Mexico, and when there was
a quasi certainty that Spain would not again make such attempts as that
against Tampico, the law was revoked. But property already sold was de
clared to be legally disposed of, adding that the former owners should not be
WORKS OF MONTtfFAR AND ARCE. 107