Then was issued the celebrated Royal Order of May 29, 1825, under which Cuba has been governed to the present hour. This Royal Order is the only constitution of Cuba. It was probably intended merely as a temporary order to the then Captain-General; but it has been found convenient to adhere to it. It clothes the Captain-General with the fullest powers, the tests and limit of which are as follows: " ... fully investing you with the whole extent of power which, by the royal ordinances, is granted to the governors of besieged towns. In consequence thereof, His Majesty most amply and unrestrictedly authorizes your Excellency not only to remove from the island such persons, holding offices from government or not, whatever their occupation, rank, class, or situation in life may be, whose residence there you may believe prejudicial, or whose public or private conduct may appear suspicious to you...." Since 1825, Cuba has been not only under martial law, but in a state of siege.
As to the more or less of justice or injustice, of honesty or peculation, of fidelity or corruption, of liberality or severity, with which these powers may have been exercised, a residence of a few days, the reading of a few books, and conversations with a few men, though on both sides, give me no right to pronounce. Of the probabilities, all can judge, especially when we remember that these powers are wielded by natives of one country over natives of another country.
Since 1825, there has been no legislative assembly in Cuba, either provincial or municipal. The municipal corporations (ayuntamientos) were formerly hereditary, the dignity was purchasable, and no doubt the bodies were corrupt. But they exercised some control, at least in the levying and expending of taxes; and, being hereditary, were somewhat independent, and might have served, like those of Europe in the middle ages, as nuclei of popular liberties. These have lost the few powers they possessed, and the members are now mere appointees of the Captain-General. Since 1836, Cuba has been deprived of its right to a delegation in the Cortes. Since 1825, vestiges of anything approaching to popular assemblies, juntas, a jury, independent tribunals, a right of voting, or a right to bear arms, have vanished from the island. The press is under censorship; and so are the theaters and operas. When "I Puritani" is played, the singers are required to substitute Lealtad for Libertad, and one singer was fined and imprisoned for recusancy; and Facciolo, the printer of a secretly circulated newspaper, advocating the cause of Cuban independence, was garroted. The power of banishing, without a charge made, or a trial, or even a record, but on the mere will of the Captain-General, persons whose presence he thinks, or professes to think, prejudicial to the government, whatever their condition, rank, or office, has been frequently exercised, and hangs at all hours over the head of every Cuban. Besides, that terrible power which is restrained only by the analogy of a state of siege, may be at any time called into action. Cubans may be, and I suppose usually are, regularly charged and tried before judges, on political accusations; but this is not their right; and the judges themselves, even of the highest court, the Real Audiencia, may be deposed and banished, at the will of the military chief.