Legal Text 1897

Carta Autonómica (Autonomous Charter) of 1897

On November 25, 1897, Spain granted Puerto Rico the Carta Autonómica (Autonomous Charter) — the most extensive grant of self-governance in Puerto Rico's history up to that point, and arguably more autonomous than the current Commonwealth arrangement.

Key Provisions:

  1. Bicameral Legislature: Puerto Rico would have its own parliament with two chambers, elected by Puerto Rican residents
  2. Cabinet Government: An executive council responsible to the Puerto Rican parliament, not to Madrid
  3. Trade Autonomy: The right to negotiate commercial treaties with foreign nations
  4. Budget Authority: Control over Puerto Rico's own budget and taxation
  5. Representation in Spanish Cortes: Puerto Rican deputies in the Spanish parliament, with voting rights
  6. Civil Liberties: Press freedom, assembly rights, and individual guarantees
  7. Inviolability: Spain could not unilaterally modify the charter without Puerto Rican consent

Context:
The charter was won after decades of political struggle, particularly by the Autonomist Party led by Román Baldorioty de Castro and later Luis Muñoz Rivera. Spain granted it partly to prevent Puerto Rico from joining Cuba's independence war and partly due to pressure from the autonomist movement.

What Happened:
- The autonomous government was inaugurated on February 9, 1898
- It functioned for only a few months
- On July 25, 1898, U.S. forces invaded Puerto Rico during the Spanish-American War
- The Treaty of Paris (December 1898) transferred Puerto Rico to the United States
- The U.S. military government (1898-1900) and then the Foraker Act (1900) revoked all autonomy

Historical Significance:
The Carta Autonómica is crucial to understanding Puerto Rico's colonial history because it demonstrates that Puerto Rico had MORE self-governance under Spain in 1897 than it has under the United States today:
- The 1897 charter gave Puerto Rico trade autonomy; the current Commonwealth has no trade authority
- The 1897 charter gave budget control; the current FOMB (fiscal control board) controls Puerto Rico's budget
- The 1897 charter required Puerto Rican consent for modification; the current territorial clause gives Congress plenary power with no consent required
- The 1897 charter provided voting representation in Madrid; Puerto Rico has no voting representation in Congress

The U.S. invasion of 1898 was not a liberation — it was a regression in Puerto Rican self-governance that has lasted over 125 years.

Sources

  1. Carta Autonómica 1897 - Fundación Puertorriqueña de las Humanidades
    https://enciclopediapr.org/en/content/carta-autonomica-de-1897/
  2. Autonomous Charter - Library of Congress
    https://www.loc.gov/rr/hispanic/1898/chronpr.html