Juan José de Amézaga

Background

Amézaga was a prominent member of the Colorado Party, which ruled the country for long periods. He was a lawyer by profession, and taught that subject at university level for many years. His political base was in Durazno, which he represented in the Chamber of Deputies between 1907 and 1915.

Amézaga graduated from the University of Montevideo in 1905 with a degree in Law and Social Sciences, and was granted a scholarship by the Law School that took him to France and Germany. After he returned to Montevideo he was appointed professor of penal law and later professor of civil law at the university. He filled the latter for 23 years while also teaching courses in philosophy and industrial legislation. In 1908 he was appointed to a committee to study and formulate a national public assistance law and later served as director of the National Labor Office. He was later named Minister of Industry in 1915, during which time he did much to stimulate and develop national industry. He later headed the National Postal Savings Bureau, and for a time served as chairman of the Export and Import Control Commission. He was also president of the Athenaeum of Montevideo, a member of the Secondary Education Council, the National Public Assistance Board, and the Board for the Protection of Minors, and was also honorary director of the Law School Library and a member of the Governing Board of the Casa de Estudios (House of Studies). Amézaga also represented Uruguay at international conferences; serving in 1923 as a Uruguayan representative at the League of Nations in Geneva, and was a delegate to the Fourth, Fifth Sixth, and Seventh International Conferences of American States.

In 1932, on the occasion of the interdict between Argentina and Uruguay, Amézaga was appointed Extraordinary Ambassador, "crowning his mission with the most frank success." In addition to the aforementioned positions, by decree of the Ministry of Foreign Affairs he was appointed Delegate of Uruguay to the V. International Conference held in Santiago de Chile in 1923; Plenipotentiary Delegate to the Assembly of the Council of the League of Nations (IV. Session), by decree of the same Secretariat of State of July 6, 1928; Delegate of Uruguay to the VI and VII I-American Conferences, held in 1928 in Havana and in 1933 in Montevideo, respectively. Also, by decree of the Ministry of Foreign Affairs "he was appointed Delegate of Uruguay to the V. International Conference held in Santiago de Chile in 1923; Plenipotentiary Delegate to the Assembly of the Council of the League of Nations (IV. Session), by decree of the same Secretariat of State of July 6, 1928; Delegate of Uruguay to the VI and VII I-American Conferences, held in 1928 in Havana and in 1933 in Montevideo, respectively." In addition, he taught Civil Law courses at the Faculty of Law and Social Sciences until February 1933, when he resigned from that position.

Amézaga was involved in much legislation of a reformist nature, with one study noting that "As a deputy, he intervened, either as an author, as an informant member or in the discussions, in all the laws that were sanctioned from 1908 to 1914. He was the author, among others, of the following projects: old-age pensions, work accidents, free salary of the married woman, and the reorganization of the National Public Assistance, in collaboration, this last project with an extra-parliamentary Commission." He was also close to José Batlle y Ordóñez, serving as a deputy both in Batlle's second government and that of Claudio Williman. He later served as president of the State Insurance Bank from 1917 to 1933, resigning due to Gabriel Terra's coup.

Amézaga also played an important role in drafting a new constitution, when the question of constitutional reform was raised in Uruguay in 1942. Noting his contribution to this, Amézaga proclaimed in a 1943 speech that

I have actively collaborated in the preparation of the new constitutional texts that are beginning to govern us. I have confidence in them, as does the people who approved them with an overwhelming majority, considering them to be a faithful expression of the aspirations for justice and a sure guarantee of political freedom and individual rights. Time will rectify and perfect our work. The law is realized in stages, it is the fruit of a continuous and tireless struggle that in past times prohibited men from doing harm to their fellow men, which then forced them to give each one what legitimately belonged to him, and which in our time claims as a legal obligation what before was only advised as charity.

In addition, Amézaga came to be the head of the most lucrative law firm in Uruguay. In spite of his wealth and successes however, Amezaga was noted to be a humble man, with one observer noting how, during the 1942 election

When he went to cast his vote, some 20 people were in line ahead of him. He refused to be passed ahead, but awaited his turn. This agrees with the fundamental character of the man.

President of Uruguay

Main features

He was President of Uruguay from 1943 to 1947. His rule is seen as significantly the first wholly constitutional presidency since the coup d'état carried out by Gabriel Terra in 1933.

Amézaga's vice president was Alberto Guani, who had already distinguished himself as a veteran diplomat. The veteran Socialist leader Emilio Frugoni was sent to Moscow by President Amézaga, as Uruguayan Ambassador.

Amézaga, along with the reform currents he represented, won a large majority in the 1942 Uruguayan general election. His election, according to one journal, "completed the democratic restoration and the definitive burial of "Marzismo", the regime that emerged around Gabriel Terra." According to one study, Amézaga took office in 1943 "with the challenge of running a transitional administration, suitable to conduct the country out of the authoritarian impasse and navigating the last years of the world war." Another study has argued that his presidency "represented in general a tranquillizing interval, threatening no expectations, endangering no established interest." His presidency was given the task of overseeing Uruguay's political transition and implementing a new constitution. To accomplish this Amézaga surrounded himself with ministers with political experience. He also formed his cabinet based on the part factions according to the results of the presidential election. Batllism gained the greatest cabinet representation with 7 ministers, followed by "Para servir al Pais" with 5 and "Libertad y Justicia" with 4.

According to one study, Amézaga began "with what has been characterized as a weak administration, so weak that only with great difficulty was it able to secure the adoption of his most important legislation." Amézaga was hampered internally by the Blanco Party's Nazi-influenced Herrerista wing and externally by intense Argentine political and economic pressure, and survived "due in no small part to U.S. Lend-Lease assistance and Export-Import Bank Loans." He also survived a right-wing plot against the government in July 1946.

A year earlier, in June 1945 the episode of the so-called "implications" occurred which, as summarised by one study, "exposed the way, in which the traditional political cast acted in the management of public administration. Many public men were accused of taking advantage of their positions to obtain "extra" benefits from their commercial and industrial activities through the exchange control. The denunciation was presented by the Herrerismo, trying to sharpen the differences between the colorados, and at the same time to stop his economic policy, which did not satisfy the cattle breeders. The issue provoked a temporary ministerial crisis, which was remedied with a new distribution of the cabinet: two ministries for men of confidence of the president, three for batllismo, two for blancocevedismo and two for independent nationalism. Finally, in December 1945, a resolution was passed in Parliament declaring that there had been no "illicit exercise of public office". The case was thus closed."

Social reforms

In spite of the difficulties Amézaga's government faced, his presidency was nevertheless notable for the passage of a wide range of reform measures. During his first year as president laws were passed establishing a social assistance fund to provide food for the unemployed and for pre-school and schoolchildren throughout the country, amending the law regulating home industries, organizing departmental labor distribution commissions, providing for aid to the unemployed via investment in extraordinary public works, regulating working conditions in the lumber industry, fixing minimum wages and working conditions in the construction industry, lowering rents for workers’ homes, and regulating working hours. Education budgets were also raised for normal and secondary schools, and measures adopted to help farmers affected by an unprecedented drought. This included creating arbitration and conciliation boards to solve the problem of farm rents, regulating the marketing of wheat, and providing for the acquisition of seed oats. There was also reform in the Ministry of Public Health, "all directed toward improvement in administration, more exacting standards for specialized positions, and an increase in health activities, especially in the interior of the country."

Act No. 10,421 of 16 April 1943 regulated working hours in banks and similar institutions. Special procedures for dealing with grievances over unjustified layoffs in the state were also set up during his presidency. Act No. 10,449 of 12 November 1943, as noted by one study, "defines the minimum wage, sets up a system of wage councils for its fixation and provides for family allowances. It protects wage earners and salaried employees in industry, commerce, private offices and the offices of public services not run by the State. The first part of the Act (sections 1-4) defines what is meant by the minimum wage, determines how it is to be calculated for piece work, specifies that payment shall be made in currency and prohibits the truck system. It makes employers responsible for the actions of agents and subcontractors in their service. The National Institute of Labour and Belated Services is empowered to represent the workers in making direct or indirect claims for the payment of wages due." This part of the Act "fixes the various penalties that may be inflicted upon those who infringe it and the procedure to be followed for the recovery of fines." The second part of the Act contained notes for setting up of wage councils to determine minimum wage rates for workers safeguarded by the Act. The third part of the Act introduced a mandatory system of equalisation funds for the payment of family allowances to all salaried employees and wage earners.

According to a presidential decree approved on the 28th of January 1944, laborers on public works projects “are henceforth to have the benefit of adequate and sanitary housing facilities whenever the construction projects on which they are working are located more than a mile and a quarter from the nearest town or city limits.” Act No. 10,471 of 3 March 1944 extended (as noted by one study) to workers "employed in the exploitation of forests, mountains and peateries the benefits of the laws on hours of work, weekly rest, wage councils and family allowances, and moreover establishes compulsory insurance against industrial accidents and occupational diseases, giving the Government and the State Insurance Bank the power to prohibit work, by force, if need be, when this obligation has not been met." Act No. 10,489 of 6 June 1944 "modified the standards for hours and rest periods for commercial establishments of a certain type which can interrupt their activities without inconvenience to the public." The Act also fixed "opening and closing hours for such establishments and provides that they may be open to the public from five minutes after their opening until ten minutes before their closing time; the staff may be required to work continuously, subject to the observance of specified rest periods." Additionally, the Act "forbids the working of more than eight hours on five days of the week and four hours on the sixth. The protection afforded by the Act is extended to the staff of such workshops as commercial establishments may possess on their own premises for the manufacture or finishing of goods for direct retail sale to the public. Such staff must be regarded as commercial employees and not as workers in industry." The same Act, together with its counterpart No. 10,542 of 20 October 1944, provided for dismissal compensation for all wage earners and salaried employees in commerce, private services, public services run by private individuals, and industry who do not work at piece rates, or for daily or hourly wages.

International affairs

Amézaga's time in office saw a growing coolness towards Argentina (which changed following the overthrow of Juan Perón) and a closer association with the United States which, according to one study, “had been a traditional Colorado counterweight to British influence but was now more a function of the economic, political and military dominance of the United States in the region and Uruguay's briefly held ambition to take a prominent role in the inter-American system.” Government support was given for multi-lateral agreements on hemispheric defence sponsored by the United States in 1945 and at Rio de Janeiro in 1947. In 1946 commercial agreements were made with Belgium and France, a treaty of friendship was concluded with Russia, and new agreements regarding trade and payments were made with Great Britain.

Amézaga also spoke out against the horrors of the Second World War, stating in 1943 that

The current war represents one of the cruellest and bloodiest stages in the history of humanity in the fight for rights. Free men offer lives and assets to ward off the danger of the most atrocious and iniquitous of slavery. We are part of the rearguard of the immense army of humanity that defends itself in a fight of life or death for civilization and it is natural that we must stoically endure the sacrifices that common defense demands. Let us seek to achieve international peace by destroying those who violate the law at their roots, and let us not forget within our homeland that humanity cannot live in a society founded on injustice. Only through hypocrisy or timidity could we conceal the serious legal and moral deficiencies that affect the organization of contemporary democracies. It is not about dispossessing anyone, nor imposing solutions through violence, because the iniquities of dispossession, nor the arbitrariness, have never served to found anything solid. Let us contribute our help in the fight for the right that obliges us to help men and nations that need help. Let us do work of restorative and distributive justice. The horrors of external war have not reached our heads. Nobody thinks about civil wars or social demands through force."

Towards the end of the war, Amézaga led Uruguay (which had previously broken with the Axis in 1942) to declare war on the Axis powers on February the 21st 1945.

Amézaga's foreign minister Eduardo Rodriguez Larreta advocated “multilateral intervention” in the Americas as a way of preventing individual countries “from rejecting democratic institutions and jeopardizing hemispheric security.” In November 1945 Rodriquez sent a note to the other American governments. His proposal, referred to sometimes erroneously in English as the “Larreta” Doctrine, appealed for collective action to promote human rights and democracy and oppose dictators. While the plan was directed implicitly against Argentina, it was aimed broadly at general inter-American relations. In part of his note, Rodriguez asserted that “the purest respect for the principle of non-intervention of one State in the affairs of another (…) does not protect unlimitedly the notorious and repeated violation by any republic of elementary rights of man (…) In the international politics of America, the parallelism between peace and democracy should constitute an indeclinable norm of action.” His proposal was, however, rejected overwhelming by the American governments “on the grounds that such a course would be equivalent to authorizing unacceptable collective intervention,” therefore setting in, as noted by one study, “what they deemed its proper place the attempts at creating some sort of international supervision of the observance of human rights at a domestic level.”

Economic policies

During Amézaga's presidency, struggles between the different dominant factions and their respective country projects continued, but the crises that caused these contradictions were resolved in a less traumatic way. As noted by one study “This was fundamentally due to the favorable economic conditions created by the war, which allowed a greater margin of understanding. The increase in profits in the livestock sector, coming from a greater demand for meat and wool paid at better prices, generated in said sector, a more critical and more "understanding" attitude towards the industrialization policy promoted by the government.” The government took advantage of favorable international conditions created by the war, with Uruguay able to once again sell its products to the fighting nations of the United States and Europe, while control over exchange rates, exports and imports resulted in improved living standards for the popular sectors, increased importance of the industrial sector, and a sound trade balance. New mechanisms were established to restore the states role as arbiter in conflicts between employers and workers. Sectors of the labor force approved these measures, particularly the communists. A tax on all profits over 12% a year was also introduced, while public works were promoted. On 20 December 1944 the Uruguayan Congress approved a law authorizing the issuance of bonds to finance a 5-year public works program, with proceeds used for projects like reforestation and soil erosion control. The encouragement of public works enabled the government to significantly reduce unemployment, while also increasing the popularity of the public works minister Tomás Berreta, who would later succeed Amézaga as president. Berreta also attended particularly to, as noted by one study, "the interests of small agricultural producers in Canelones, a sector in which his political influence was considerable." Also significantly, starting in 1945 “the government promoted a policy of subsidies and credits for industry, which will boost production. Towards the end of the Amézaga government, the prospects for accelerated industrial development were clearly drawn on the country's economic horizon.”

Various measures were also adopted to reduce the cost of living. During Amézaga's first year in office there were "a great number of price-fixing and other regulatory measures, adopted to control the cost of living and the supply and distribution of articles of prime necessity." In 1945, the government contributed money towards lower consumer prices for articles of prime necessity such as meat, potatoes, bran, oats, corn, and wheat, while money was also contributed towards supporting popular dining rooms in the capital and provinces, and for winter social assistance and social security.

1947

The year 1947 opened with Amézaga, younger by several years than his successor, preparing to step down as President in favour of his elected successor, Tomás Berreta, who was already aged in his 70s. Berreta's Presidency was to last barely 5 months, since he was to die in office.

Literary works

In addition to his activities as a politician, Amézaga was the author of various published works on penal and civil law, one of which, De las Nulidades en General (On Nullities in General), won a prize offered by the Law School of his alma mater. Additionally, he wrote numerous articles for periodicals that dealt with labor, social welfare, and legal topics.

Among the works that Amézaga gave to publicity included “On teaching Criminal Law at the University of Montevideo. Explanation of reasons for a program of this subject. Prologue by Dr. Carlos M. de Pena” (1908), 1 foll. 41 pp; “Of nullities in general. (Thesis rated unanimously outstanding). Prologue by Dr. José A. de Freitas” (1909), 1 vol. from VII-262 pp.; “Aquilian guilt. Lessons from the Civil Law course” (1914), 1 vol. of 327 pp.; “Shorthand notes from the second course of Civil Law (1929), 2 vols. of 123 pp. and' 123 pp. and 126 pp.

Amézaga also published the following works in the “Journal of Law and Social Sciences”: “The simulation”, Volume I, Page 387; “Is the seizure of the debtor's rights and actions legal, decreed generically, when, having hidden his assets, an individualized seizure becomes impossible?” Volume 2, Page 12; Can the State modify, through an interpretive law, the clauses of a concession contract-law?, Idn., Pages. 225; “Insurance and legal measures for protection and safety against work accidents”, Volume 3, Page 438. In addition, the following works were published by the “Journal of Law, Jurisprudence and Administration”: “Project on the protection of minors” (In collaboration with Drs. G. Terra and E. J. Lagarmilla), Volume 11, Pages. 23 7 and following; “On obligations”, Volume 27, Page 425; “Contracts in which the wife and husband are bound together” (In collaboration with Dr. J. Irureta Goyena), Volume 32, Page 29 7; “Guidelines for the reform of the Uruguayan Civil Code”, Volume 32, Pages. 388 et seq.

Post-presidency

Following the end of his presidency, Amézaga retired from politics. He died after a long illness in Montevideo on 20 August 1956, aged 75.