Government-Civil, Judicial, Military and Ecclesiastical. 121 of captain; and each cuarton under a tricts, and arrest all deserters or delinleader of patrol. The captain-general quents, transmitting annually to the is the supreme military chief of the whole island. The political division of the island is divided into two provinces-the western, that of Havana; and the eastern, that of Santiago de Cuba. The captain is the civil governor of the western; and the governor of Santiago that of the eastern. The judicial division contains two jurisdictions that of the Royal Pretorian Audience of Havana, and that of the Royal Audience of Puerto Principe. The first comprises the western department, and the second the eastern. The maritime division comprises the whole island, under a general marine command. It is divided into five provinces-Havana, Trinidad, San Juan de los Remedios, Neuvitas and Cuba, which are also divided into districts. Each province has a commander, and each district an adjutant. captain-general a statistical return or census of all the inhabitants residing within their jurisdiction. In all the provinces there is a large number of these.* They are a set of worthies generally represented as very corrupt. Such is the character, indeed, given to all the petty officers of the government. They are nearly all of them from old Spain, a Creole being scarcely ever intrusted with any office. Those officers, dependent on their fees, prey like so many vultures upon the unprotected within their jurisdiction. Nor are the rich without the pale of their power; and those having no influence with the heads of the island government, are sometimes largely fleeced by them on most frivolous pretexts. Some of them make a boast of the large fines they constantly collect from the people.† The administration of justice in criminal cases, in Cuba, is unique. The accused is required to prove his innocence, instead of his being accounted innocent until his guilt is established by legal evidence. Trial by jury is, of course, unknown. relieved from all trouble about their election. Each of the members is bound to take the same oath as is administered to the Spanish military orders of Santiago, Alcontava and Calatrava, which is "to defend the purity of the Conception of the Holy Virgin." The division of the Real Hacienda, as a superintendency, includes the whole island, and is subdivided into three intendencies - Havana, Puerto Principe and Cuba; and these again are subdivided into sub-delegations. The ecclesiastical divisions we have already The ayuntamiento of Havana consists described under the head of Religion. at present, we believe, of twelve correAt Matanzas, Trinidad de Cuba, gidores. They form a body, which perPuerto Principe and Cienfuegos, there petuates itself with the aid of the capare officers with the title of governor, tain-general, who presides over their who are appointed by the captain-gene- meetings. They were formerly elected ral, but whose office is in fact of a ju- by the people, but under the present dicial nature, extending to disputed improved state of things, the people are points of every sort, civil, criminal, or military. Subordinate to them are eight lieutenancies, called capitanias à guerra. The captain-general of the island has appellate jurisdiction in military matters, and is president ex officio of the Real Audiencia at Puerto Principe, which tribunal has appellate jurisdiction in all other affairs, civil or criminal, brought before it in foro contentioso. In all the cities and towns of the island there are municipal bodies called ayuntamientos perpetuos, exercising judicial functions. There are also, in the rural districts, officers called jueces padaneos, a sort of itinerant village judges or justices of the peace, appointed by the local governors. Their functions resemble more those of a commissary of police than those of a magistrate, it being their duty to watch over the movements of the people, to preserve the tranquillity of their dis The chief secular tribunals of the Havana are-first, that of the captaingeneral, who has for his assessors in military matters an auditor de guerra, and in civil disputes the asesores gencrales, who likewise exercise the duties of the civil magistracy of their own proper authority. The tribunal of the alcaldes ordinarios has also cognizance, in the first instance, of civil and military disputes. The ayuntamiento itself also has a certain judicial jurisdiction, as in cases involving a sum not exceeding * Turnbull's Cuba, p. 244. $300, in which it hears and decides an appeal from other decisions. The appeal must be heard within thirty days, and a judgment be rendered within forty. This term is declared to be impregnable; in so much so, that an hour after it expires the jurisdiction ceases, the cause remains in statu quo ante, and the original sentence becomes irrevocable. In these cases of appeal the whole ayuntamiento does not sit: it names two commissioners, who, together with the judge, a quo, and the assessors of the captaingeneral, decide the case.* Sixteen commissaries of police are appointed annually by the ayuntamientos for the various districts or barrios into which the city is divided. of salaries. The fee of the judge is de- There is also a commercial tribunal Judicial proceedings are wholly conat Havana, consisting of a prior, consuls, ducted in writing; viva voce pleading, a consultor, and an escribano, whose ju- like trial by jury, being totally unknown. risdiction extends only to commercial Lawyers are paid according to the numaffairs; but before any one can address ber of pages to which they can spin out himself to this tribunal, he must first go their argument; and the assessor, who before the juez avenidor, or mediating reads the pleadings, and makes his rejudge, whose duty it is, like that of the port on them to the judge, is paid at the juge de paix, in France, to endeavor to same rate with the abogado, or twentyconciliate the parties, and prevent liti- five cents per folio, which makes the gation; but the result is more generally fee of the assessor equal to the joint fees a multiplication of fees, since the honest of the lawyers on both sides. For inmediator must also be paid for his trouble. terlocutory judgments the assessor reAll judges and other judicial func- ceives $4; and for definitive judgments tionaries, of Cuba, from the President of $8. The assessors are paid also for atthe Real Audiencia, or Supreme Court, tendance at the same rate with the of Puerto Principe, to the alguazil and judges of the highest class. door-keeper, are all paid by fees instead ART. II.-SHIP CANAL ACROSS THE PENINSULA THE project of a ship canal across the Peninsula of Florida is of long standing. The dangers of the intricate navigation among the reefs and sunken rocks which encircle the southern end of the peninsula, as well as the extensive detour to reach the Gulf ports, have long made it desirable to the commercial world to find some means of obviating these dangers and difficulties. A ship canal has, in the first instance, been naturally suggested as the most advantageous mode, if practicable, of overcoming these obstacles. * Turnbull's Cuba, p. 247–8. By a glance at the map it will be seen that the Peninsula of Florida extends some degrees of latitude southwardly along the Atlantic coast into the Gulf, and consequently the commerce of the Valley of the Mississippi and the great west is obliged to make a long detour to the southward, and thread an intricate channel amid reefs and shoals in order to reach the Atlantic or continental parts, passing several hundreds of miles out of their direct course, with To this price for a signature we do not complain; for we have been charged by notaries, a good way this side of Cuba, $2 for a bare signature. Examination and Topographical Survey in 1827-8. 123 great loss of time and exposed to dan- tributary, the Ocklawaha. This most gerous risks. singular river, the St. John's, heads in This it will be seen would be entire- the southerly portion, runs due north, ly obviated by a connection of the Gulf parallel with the eastern coast, and with the Atlantic by means of an arti- empties into the Atlantic, about lat. ficial channel, carried across the upper 30°. Its tributary, the Ocklawaha, or northern portion of the peninsula, and likewise runs from the south, parallel most favorably as to direction at the for a long distance with the St. John's, points where the peninsular formation and empties into that river about 120 begins. These points are presented on miles above its mouth, the sources of each, the Gulf at the Harbor of St. Mark's, as of most of the peninsular streams, are Cedar Keys, or Tampa Bay, and on the to be found in cypress swamps and wet Atlantic coast, by the mouths of the St. savannas. They have but little current, John's and St. Mary's Rivers. Of these and the St. John's is affected by the tide harbors, in their present situation, Tampa for 100 miles from its mouth, and reBay, the most southerly of these named, sembles more an arm of the sea than an is the most suitable on the Gulf, on ac- ordinary river. Upon the Gulf side a count of sufficient depth of water, and few small streams, having their sources for a like reason St. Mary's is the most at no great elevation above tide-water, suitable on the Atlantic side. These run their short courses sluggishly, and two harbors, at their most proximate empty into the sea. The highest point of points, are - miles distant from each elevation of the surveyed country is found other. The harbors on each side, near- a few miles west of the St. John's, and est to each other, are those of Cedar is 160 feet. A range or ridge of sand Keys on the Gulf and St. John's on the hills extends along, parallel with the St. Atlantic, but neither of these will now John's from the St. Mary's, some 150 or admit vessels drawing more than twelve 200 miles southwardly. On the summit feet. It is, however, conjectured that of this range a large number of small the bar of the St. John's River may be lakes or ponds are found without any considerably improved at a moderate apparent connection with each other, outlay. It is not probable that any in- and the larger number without any visicreased depth of water could by any ble outlet or inlet. The soil of this ridge practicable means be obtained at Cedar is for the most part a coarse loose sand, Keys. If the entrance to the St. John's constituting sand hills of a most barren River could be improved, then Tampa and unproductive description. Further Bay would, in respect to the necessary to the west, a limestone formation predepth of water, be the most available sents itself of a loose kind, with flint point of connection, and at the nearest rock. In this section sinks and caverns, practicable points would be a distance of or rock wells abound; numerous small - miles. streams disappear in these sinks, and there is evidently a disjointed subterraneous formation. Suggestions have also been made of making artificial harbors at Indian River and St. Augustine. But, referring to those now in existence, it will be seen that the only harbors now possessing the requisite depth of water are Tampa Bay and St. Mary's, - miles apart. The next question which presents itself is, as to whether the nature of the country through which such a channel would have to be constructed, affords the requisite supply of water, and is in other respects practicable for such a It seems not to be generally understood that an examination and topographical survey by a board of engineers was had in 1827 and 1828, under the direction of Gen, Bernard. The country was explored and lines of level run in several directions, embracing St. Mark's as the most northeily-westerly terminus, and Tampa Bay as the most southerly. The capacity of all the lakes and streams which might be used to supply such a canal was estimated, and a full report, As has been remarked, the Peninsula accompanied with a large map, was of Florida extends southwardly about made by them, and published by Confour hundred miles, with an average gress in 1829. It is sufficient to say, width of about one hundred. The only that they reported unfavorably in rerivers of much importance within this ference to a ship canal, on the ground Peninsula, are the St. John's, and its of a deficiency of water upon the sum work. mit levels to supply a canal of the re- pecuniary view, is not equivalent to the quired size. They, however, reported expense; and secondly, that the aid of that a canal of ordinary size and depth the general government cannot be obmight probably be constructed. From the results of personal observation of the face of the country between the St. John's River and the Gulf of Mexico, the writer entertains but little doubt of the correctness of the conclusions arrived at by the board of survey, although he would gladly be convinced otherwise. tained. The work would be a southern one, and although in all respects a national object, yet the past legislation of Congress has shown that the South never has and probably never will obtain the aid of the government in any extensive works of public improvement. The Florida reefs, bordering a national At the last session of Congress the and world-used channel, have been left subject of a ship canal across the but scantily lighted for years, in face of Peninsula of Florida was brought up the urgent solicitations of the commerbefore the Senate by Senator Brooke, of cial world, and they have been, indeed, Mississippi, and a favorable report made but recently surveyed. Of the annual upon the subject by the Secretary of the appropriations for rivers and harbors, but Treasury; an appropriation of $20,000 a pittance comes to the South. The was thereupon made, and we presume political influence of the South is not during the coming winter a new survey now and will not be very soon sufficient will be made upon other proposed lines to obtain from the general government than those which have been already the funds for the construction of such a examined, but we entertain no expecta- work. I have seen an estimate of its tion that any route will be found which expense, but in the November No. of will afford anything more extensive than a boat canal. Two routes have recently been brought before the public, the one contemplating cutting through from Tampa Bay to Indian River, and the other from the St. John's to St. Mark's, for both of which routes a sufficient supply of water is claimed. In reference to the first named, it may be remarked, that neither the upper St. John's nor Indian River possesses much depth of water, which difficulty it is proposed to obviate by the construction of an artificial harbor at Indian River. Whether such a harbor, laying its coast aside, could be constructed, which would not be affected by the storms of the Atlantic, is a question not yet, we believe, solved by experience in any similar locality. second route from St. John's to St. Mark's, admitting the conjectures as to quantity of water at summit levels, labors under the disadvantage of having a suitable harbor at neither end, and requiring the expenditure of large sums of money to make and improve harbors at both ends of the route. this Review I see an estimate of a ship canal of seven miles in length, with artificial harbor at the mouth of the Mississippi to be 30 feet in depth and 100 feet wide, set down at over $10,000,000. What, then, will be the estimate of one from one to two hundred miles in length? There will be, moreover, to be encountered the constitutional scruples entertained at the South itself in reference to the power of the general government to engage in such a work. A ship rail-road has also been suggested. We fear a road sufficient to transport a laden ship weighing, say 2,000 tons, would require a new race of Brobdignags to construct and engineer the matter. The In view of all these difficulties and obstacles, would it not be better to look at the actual and practical wants of our country, and the feasible and accessible mode of supplying them? It seems to us that the true interests of commerce require the immediate construction of a rail-road across the peninsula. This subject has been fully discussed in former numbers of this Review, and its importance to the commerce of the country, and particularly to that between the Atlantic and New-Orleans and the Gulf ports, fully demonstrated, besides its forming a link to the transit trade of the Pacific. But, admitting there are any other plans to be physically practicable, there are other extraneous difficulties in the way of the accomplishment of such a gigantic plan as the construction of a ship canal, costing, probably, not less than one hundred millions of dollars. The first of these is, the object, in a It is estimated that a first-class rail Advantages of a Direct Route across the Peninsula. 125 road may be constructed to connect the circuit of nearly one thousand miles. Atlantic and Gulf at a cost of less than Two rival companies are now enthree millions of dollars, fully furnished deavoring to reach the Gulf through the and equipped. Such a road would State of Georgia, the one from Brunsbring New-York and New-Orleans with- wick and the other to connect with in four days of each other, and as a part of Savannah, and the city of Savannah has the chain of travel to California it would voted a subscription of half a million lessen the time very materially. It towards the one making its terminus could, moreover, be constructed within there. With similar public spirit, Newa twelvemonth, if desired. All things Orleans would long since have conconsidered, we believe no projected structed a road across Florida. route possesses the commercial ad- Georgia routes are over 500 miles in vantages of a direct route across the length; one across Florida would not Peninsula of Florida. Five hours of need to be more than 150 in length time would transfer the traveler from across a level country, and of cheap the Atlantic to the Gulf, and avoid a construction. The ART. III-SOUTHERN ENTERPRISE-LINE OF STEAM-SHIPS FROM NORFOLK TO EUROPE. [WE have on several occasions called attention, through the pages of the Review, to the movement being made in Virginia, for the establishment of a line of foreign steamers, and have, in our volumes upon the Industrial Resources of the South, condensed a vast amount of information upon the general subject. We are pleased to add the following contribution.]-EDITOR. Our attention has been forcibly at tracted by a correspondence, published in the Southern Literary Messenger, and headed, "A Line of Steamers from Virginia to Europe." The correspondence is conducted with marked ability, demonstrating clearly that the gentlemen conducting it are well-informed on the subject they present for Southern consideration. Connected with the correspondence, (and forming a part of it,) is a letter from the Hon. John Y. Mason, giving his full concurrence in their views. We solicit attention to this subject, as one of vital interest to the South, and which should be well understood by our southern readers. If approved by them, their co-operation will insure success to the plan proposed. Let the South be true to herself, and she can, without trespassing in the slightest degree on the rights or immunities of her Northern sisters, command a very large share of foreign trade. The staples in that trade are cotton, tobacco and flour. The South produces, and has command of the two first and most important articles, (cotton and tobacco,) and her flour is notoriously the best for exportation, (keeping, as it does, sweet in all climates throughout the season.) We have al VOL. XIV. The ways had within our reach a large share 3 |