Joining the Blue Party As soon as news was received in Venezuela that the Spanish troops had abandoned Dominican territory, in July 1865, without thinking twice, Pina returned to Santo Domingo. The Federal War had ended and he was presented with the possibility of returning to his hometown, and not in a war scenario that was unmanageable for his health. As soon as he arrived in the Dominican capital, he placed himself at the disposal of President José María Cabral, his expeditionary companion in 1861. In Haiti and during the days of the June 1861 expedition, Pina and Cabral had established a friendly relationship. As a sign of trust, high positions were entrusted to Pina. On October 1, he was appointed governor of the province of Santo Domingo, and three weeks later Secretary of State for the Interior and Police. In this position he lasted a few days, since he did not accept Cabral's position of bowing to the Baecista mutiny. However, Pina was integrated into the Constituent Assembly, which continued to function despite the political change, until a new constitutional text was promulgated on November 14, 1865. Pina's participation in this conclave will be seen below. Initially, the relations between Báez and Cabral remained good, and the former tried to gain the support of those who had fought the annexation to Spain, Pina had no difficulty in accepting the position of judge of the Supreme Court of Justice. Months during which he stayed away from political affairs, he showed signs of distrust towards Báez. As soon as the red leader was overthrown in April 1866 by the concerted action of the leaders of the Restoration War, Pina joined the new order of things. In his second government, Cabral gave even more importance to Pina than in that of months before. The restorative president appreciated Pina's intellectual capacity and her personal consistency. It is likely that the closeness of Pina with Cabral contributed to defining the features of that administration. Cabral appointed Pina as special advisor to the president, a position from which he began to have an impact on the country's affairs. Then he entrusted him with important missions, such as being part of a commission before the Haitian Government for the signing of a treaty of friendship, in the company of
Ulises Francisco Espaillat, Juan Ramón Fiallo and the now 80 year old politician, Tomás Bobadilla. The delegation could not achieve its mission, as President Geffrard was overthrown days after his arrival in Port-au-Prince. After the mission in Haiti, he was appointed special commissioner in the province of Azua, an important position because the government was aware that the Haitian Government, chaired by
Sylvain Salnave, was preparing to support the aspirations of Buenaventura Báez. In the southern border regions, Pina sought to recover portions of Dominican territory occupied by Haitian authorities and regularize border trade.
Constitution Assembly of 1865 As has been noted, at the end of Cabral's first government, which began in August 1865, a Constituent Assembly was convened, which at the same time served as the Legislative Branch, with the objective of giving the Dominican Republic a legal order in accordance with liberal theory. The restorative military leaders and intellectuals in favor of a democratic system understood that they had to leave behind the constitutional tradition that guaranteed a despotic order. That Constituent Assembly was one of the milestones in the visualization of the difficulties that hindered the establishment of democracy. (The only precedent for such an intention had been the Constituent Assembly of
Moca, which promulgated the charter of 1858, but which had no lasting effects). One of the problems that the restorative constituents addressed was to elucidate why the liberal statements of the previous constitutional texts had not had effective application, since they were convinced that the reality of an authoritarian system that granted exaggerated powers to the
president of the Dominican Republic. Pina was one of the deputies who distinguished themselves in the debates. He put his intellectual capacity into play to identify problems and derive viable solutions. His weight in the debates led him to be among the drafters of the constitutional text. He systematized the proposals he formulated in the Assembly in a series of four articles titled "Constitution", published in the September 1865 editions of the newspaper
El Patriota. His first concern was that the constitutional text adopt provisions to guarantee that the president was a person recognized for his patriotism and honorable background. This emphasis was motivated by the awareness that, even if authoritarianism was eliminated, its figure had a decisive influence on the progress of public affairs. Additionally, he proposed that the necessary criteria had to be established to avoid any abuse of power by the Executive, in such a way that it would be compelled to apply a liberal policy. The starting point of his constitutionalist reflection was that it was imperative to combine a strong executive, in accordance with the conditions of a backward country, with a legal system that guarantees freedoms: This search for a weak executive, while capable in its exercise, had the essential purpose of combining governability with freedom. Hence, Pina proposed legislation to make it impossible for authority to exceed the terms of its mandate, that is, to stipulate the abuse of power as a crime and to elevate freedom to the status of a constitutional mandate. Surely because he understood the difficulties that this entailed, he looked for the gaps through which, in Dominican conditions, such a balance between freedom and authority could be feasible. Pina applied his experiences in Venezuelan political affairs, where the nerve of the debate had centered around the powers of the central government and state governments. Possibly because of his Venezuelan experience, he found in the principle of decentralization the key to the ideal political system, since instances would be created for the exercise of citizens' rights and the reduction of the powers of the central government: With this postulate, he transcended the level of reflection in which the Dominican liberals had moved until then, consisting only of cutting the powers of the Executive. He sought an order that would ensure the functioning of the political system supported by a weak executive. The main antecedent of such a concern had been expressed by
Pedro Francisco Bono in the Moca Constituent Assembly, where he unsuccessfully proposed the adoption of the federal system. It is still strange that Pina did not advocate federalism, given his Venezuelan experience, perhaps because he considered that the country was very small and its inhabitants were characterized by common cultural traits. In his opinion, for the local order to be a link in the democratic order, the supremacy of the military element had to be overcome, which put citizens at the mercy of the departmental leaders. The remedy to such tradition was found in a variation in the type of territorial organization. He proposed the adoption of departments, instead of provinces, subdividing them into districts, parishes and sections. All these levels would be subject to the authority of civil officials: respectively, civil governor, prefect, sub-prefect and mayor. He reasoned that it would be achieved: In the same order, he advocated for a Legislative Branch composed of two chambers with a large number of members, in such a way that the representation of the people was guaranteed to the extent possible. He opposed the previous constitutional system, which rested on a small number of legislators. With two chambers and a large number of members, Congress became a factor in the balance of powers. "Composed of more individuals and represented by two jointly responsible bodies, it is easier for it to impose on the Executive, when unfortunately it deviates from the true path outlined by the laws, to fall into abuse or dictatorship." A direct representation of all populations and a "double discussion on questions of transcendental importance that are submitted to them" would be possible. Interested in covering all departments of the State, he also reflected on the characteristics of the Judicial Branch. The basic proposal that he stated, based on the experience of the previous 20 years, was based on a simpler institutional structure than the one established in 1844 and that, consequently, would allow a more fluid application of justice. Able to appreciate the contours of the Dominican reality, he argued the need to create a peculiar judicial system, different from the French one, which had been taken as a model, although maintaining a basic analogy. He confirmed that, in fact, the country had been unable in its republican years to institute the judicial organization contained in the French codes of the Restoration, and established two causes for the relevance of a reform: "the shortage of men on the one hand and the poverty of our treasure for another." He summarized his reform proposal in that appellate and superior jurisdiction would be exercised by a supreme court composed of a president, four magistrates and a prosecutor, who would be appointed by the Senate from shortlists proposed by the Chamber of Deputies. The Supreme Court should have the power to apply civil and criminal laws, and its members would appoint first instance judges, so that the judicial system would become independent of the other two powers. Finally, for an effective exercise of sovereignty by the people, which was the nerve of his concern, he returned to Duarte's idea of adding a fourth power to the already conventional tripartite division: the municipal power. With a greater number of powers, a balance would be achieved between instances of the State that would avoid authoritarianism. In his interventions in the sessions of the Constituent Assembly he expanded on some aspects of the social content that should be guaranteed by the Fundamental Charter. In keeping with the liberal tradition, the nodal point had to lie in the interrelation between freedom and legal equality: "In order for it to make its beneficial influence felt in all classes of society, it is essential that it rest on the most complete equality, on the most broad individual freedom." Such a conjugation would give rise to the set of rights essential for the development of the ideal political system, starting because it would guarantee freedoms and rights, such as the inviolability of life for political reasons: Despite being a disciple of Duarte, Pina does not seem to have been concerned with the issue of social democracy. In his texts on constitutional matters he accepted liberal theory without problematizing it. His consideration of democracy was reduced to the political sphere, excluding the social sphere. It can be assumed that he shared the dominant conclusion of Dominican liberalism, which was nothing more than advocating the establishment of a bourgeois society, seen as an irreplaceable model for access to civilized modernity. Although he did not express it exhaustively, in the glossed texts there are indications to consider that Pina shared the corollary that an adequate political order would open the doors to the solution of social problems. This can be confirmed, to some extent at least, because his disquisitions on the principle of equality focused on the treatment of the rights of foreigners. Pina accepted the common sense of everyone, liberals and conservatives, who gave crucial weight to immigration so that the country could integrate into the current of progress. Therefore, he declared himself in favor of continuing to grant guarantees to foreigners, without requiring them to fulfill the obligations that Dominicans had to offer in the service of the State. This approach was made despite his consideration that any protection or system of monopoly for the benefit of a sector, in contrast to the doctrine of free trade, "always harms the very interests that they wish to promote and ends up annihilating the vitality of any country." ==Annexation to the United States==