Legal Text 1900

Foraker Act — Full Provisions Analysis (1900)

The Foraker Act (Organic Act of 1900, 31 Stat. 77), signed on April 12, 1900, was the first comprehensive law establishing a colonial government for Puerto Rico under U.S. rule. Named for Senator Joseph Foraker of Ohio, it created a civilian government that was colonial in every meaningful sense.

Key Provisions:

Section 3 — Land Limitation: No corporation could hold more than 500 acres of land in Puerto Rico. This provision was systematically violated by American sugar corporations for four decades.

Section 7 — Citizenship: Puerto Ricans were designated as "citizens of Porto Rico" — not U.S. citizens. They were entitled to U.S. protection but denied U.S. citizenship.

Section 17 — Governor: The governor was appointed by the President of the United States, not elected by Puerto Ricans. This provision remained in effect until 1948.

Section 18 — Executive Council: The upper chamber of the legislature (Executive Council) was appointed entirely by the President. Of 11 members, at least 5 had to be native Puerto Ricans — meaning the majority could be mainland Americans.

Section 27 — House of Delegates: A 35-member House of Delegates was elected by Puerto Rican voters — the only elected component of the government.

Section 32 — Congressional Veto: All laws passed by the Puerto Rican legislature could be annulled by the U.S. Congress.

Section 34 — Judicial Appointments: All judges were appointed by the President of the United States.

Section 38 — Tariff and Trade: Puerto Rico's trade was integrated into the U.S. tariff system, destroying the island's existing trade relationships with Europe and the Caribbean.

Section 39 — Revenue: Puerto Rico received no federal funding for education, roads, or public services beyond what its own customs duties generated.

The Foraker Act established the template for American colonial governance: the appearance of civilian government without the substance of self-governance. Puerto Ricans could vote for a minority of their legislators, but the governor, the upper chamber, the judges, and the ultimate legislative authority all resided in Washington.

Sources

  1. An Act Temporarily to Provide Revenues and a Civil Government for Porto Rico. 56th Congress, April 12, 1900.
    https://avalon.law.yale.edu/20th_century/foraker.asp
  2. Foraker Act - Library of Congress
    https://www.loc.gov/rr/hispanic/1702-1899/foraker.html