Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session of the Thirty-ninth Congress
Mr. Romero to Mr. Seward
Mr. Secretary: I have the honor of transmitting to you, for the information of the government of the United States, the copy of a note dated 9th November [Page 18] last, at El Paso del Norte, from Mr. Lerdo de Tejada, minister of foreign affairs of the constitutional government of the Mexican republic, enclosing two decrees, issued the previous day by the President of that republic, and the circular of the minister of foreign affairs accompanying them, of which documents I also send a copy.
The constitution of the Mexican republic provides that the presidential term shall be four years. The fourth year of the term of the present President ended on the 30th day of November last.
President Juarez’s recognized and proverbial respect for laws made many friends of Mexican independence fear that when that day arrived he would declare his presidency at an end, and deliver the supreme power of the republic to the president of the supreme court of justice, who performs the duties of vice-president in that republic, as the French invasion had prevented the election of a new president; while the enemies of Mexico wanted him to do it, thinking it would contribute greatly to their success; at least, because it would rid them of one of the strongest defenders of the independence of Mexico.
But the President did not wish to destroy the government of Mexico by conforming to a provision not comprehended in the present case. For along time he had been receiving invitations from many of the most eminent patriots to act as he has done. In making this declaration the government only expressed the national will, and it is certain that the acquiescence of the Mexican people will confirm this resolution, made for the sole purpose of effecting a more perfect defence of national independence. The powers of President Juarez to issue such a declaration are amply sufficient, as you will perceive in the decrees of the Mexican congress, of which I transmit you copies.
I embrace this occasion to renew to you, Mr. Secretary, the assurances of my most distinguished consideration.
Hon. William H. Seward, &c., &c., &c.
Mr. Lerdo to Mr. Romero
Department of Foreign Relations and Government, American section–No. 391.
Paso del Norte, November 9, 1865.
I send you a copy of the official paper of to-day, containing two decrees issued by the citizen President of the republic yesterday, through this department, together with a circular explaining them.
One of the decrees relates to the prolongation of the functions of the citizen President of the republic while the war prevents a constitutional election; and the other refers to the responsibilities of the citizen General Jesus G. Ortega, for having abandoned the office of president of the court of justice, and for the offence of deserting the flag of his country during war, and remaining abroad without leave of absence or commission from the government.
The object of these decrees is explained in the circular.
I protest my attentive consideration.
Citizen Matias Romero, Envoy Extraordinary and Minister Plenipotentiary of the Mexican Republic in Washington, D. C.
[Translation.]
Department of Foreign Relations and of Government
The citizen President of the republic has been pleased to address to me the following decree:
Benito Juarez, constitutional President of the United Mexican States, to the inhabitants of the same, maketh known:
In accordance with the ample faculties conferred upon me by the national congress, by its decrees of December 11, 1861, May 3, 1862, and October 27, 1862, and May 27, 1863, and in consideration—
1. That in articles 78, 79, 80, and 82 of the federal constitution, the only ones which treat of the period of the functions of the President of the republic, and of the mode of supplying his place, the case only was anticipated of the possibility of holding a new election for President; and the actual fact of none being held, without any provision for the case of a war like the present one, in which, while the enemy occupies a great part of the national territory, it is impossible that general elections should be held at the ordinary stated times assigned for them;
2. That in those articles of the constitution, in order to supply a vacancy of the place of President of the republic, provision is made for intrusting the executive power to the president of the supreme court of justice, but only temporarily, in this one case that was anticipated, that a new election might as soon as possible be held;
3. That as it is impossible now to have an election, on account of the war, the fact that the president of the supreme court of justice should enter upon the duties of the government for an indefinite period would imply a prolongation and extension of his powers beyond the literal prescriptions of the constitution;
4. That, by the supreme law of the necessity of the preservation of the government, the continuance, in the present case, of the powers of the President, and of his substitute, is the most conformable to the constitution; because, in order to avoid the danger of leaving the government without a head, it was established that there should be two functionaries, of whom one could supply the place of the other; and because, conformably to the votes of the people, the President of the republic was elected primarily and directly to exercise the functions of government, while the president of the supreme court was elected primarily and directly to exercise judicial functions, the executive power being intrusted to him only secondarily and provisionally, in case of absolute necessity;
5. And considering that, as the present case has not been provided for in the constitution, the right of declaring what is most conformable to its spirit and prescriptions belongs exclusively to the legislative authority, which, by the law of the 11th of December, 1861, confirmed by other repeated votes of confidence of the national congress, was delegated to the President of the republic, in order that, without being subject to ordinary constitutional rules, he might be invested with plenary power to make whatever regulations he might judge convenient under the present circumstances, without other restrictions than those of saving the independence and the integrity of the national territory, the form of government established by the constitution, and the principles and laws of reform—
I have thought proper to decree as follows:
Art. 1. In the present state of war, the functions of the President of the republic ought to be, and they are hereby, continued for the time that may be necessary beyond the ordinary constitutional period, until the government can be transferred to the new President that may be elected, as soon as the condition of the war may permit an election to be constitutionally held.
Art. 2. Similarly, the powers of the person who holds the position of president of the supreme court of justice should be, and they are hereby, continued for the time necessary beyond the ordinary period, in order that, in case the President of the republic should fail, he may be able to take his place.
Wherefore it is ordered that the decree be printed, published, circulated, and have due faith given to it.
Given at Paso del Norte, on the eighth day of November, one thousand eight hundred and sixty-five.
BENITO JUAREZ.
Sebastian Lerdo Tejada, Minister of Foreign Affairs and of Government.
I communicate the same to you for your information, and that it may have due effect.
The Governor of the State of——.
[Translation.]
Department of Foreign Relations and of Government
The citizen President of the republic has been pleased to address to me the following decree:
Benito Juarez, constitutional President of the United Mexican States, to the inhabitants of the same, maketh known:
In accordance with the ample faculties conferred on me by the national congress, by the decrees of December 11, 1861, May 3, and October 27, 1862, and May 27, 1863, and in consideration—
1. That General Jesus G. Ortega, in July of the year 1863, preferred to undertake the duties of governor of the State of Zacatecas, resigning at the same time the position of constitutional president of the supreme court of justice;
2. That on this account, following the examples of congress, which, on occasion of a vacancy in the office of constitutional president of the court, had once provisionally appointed a president of the court, the government resolved at the city of Chihuahua, under date of November 30, 1864, and declared, as far as was necessary, that General Ortega continued to hold the position of president of the court of justice;
3. That the purpose literally expressed in that resolution was to avoid the danger of leaving the government without a head, by giving to General Ortega a certain and recognized title, in order, if the presidency of the republic became vacant, he might forthwith succeed to the position;
4. That, as it was not in opposition to this purpose, inasmuch as it could be attended to in any part of the republic, the government, on the 30th day of December, 1864, granted to General Ortega the permission which he asked on the 28th, to be allowed to go and sustain by arms the cause of independence in the interior of the republic, with the understanding directly expressed in the permit, in accordance with his own solicitations, that he might be allowed to go directly through Mexican territory, or else pass without delay through foreign soil;
5. That General Ortega subsequently set out, and, in place of merely passing through, according to the express tenor of his permit, has remained permanently, up to this time, in a foreign country, without license or commission, thus abandoning the position of president of the supreme court, under the present serious circumstances of the war, when the danger and inconveniences might have been and may be greater of a want of a head for the government, which, in expectation of his action, had not made any haste to appoint a president of the court, who, in case of a failure of the President of the republic, might take his place;
6. That, in addition to this responsibility for official delinquency in the position of president of the supreme court, he appears, also, to be responsible for another delinquency in failing to obey general orders, inasmuch as, holding a position as general, he has proceeded voluntarily to take up his residence abroad during the war, thereby abandoning the cause of the republic, of its flag, and of the army;
7. That, conformably to article 103 of the constitution, the president of the court is responsible, during his period of office, as well for the official delinquencies, faults, and omissions in the said position, as for common delinquencies;
8. And in consideration, also, that the government can and ought to declare this responsibility, in virtue of the power and ample faculties delegated to it by congress, not nullifying, but in necessary cases justly applying, the provisions of the constitution in reference to the responsibility of public functionaries—
I have decreed as follows:
Art. 1. General Jesus Gonzalez Ortega, for having proceeded to take up his residence in a foreign country during the war actually being waged, without license or commission from the government, appears responsible for official delinquency on account of the voluntary abandonment of the charge of president of the supreme court of justice; and, whenever he presents himself in the territory of the republic, the government will make proper arrangements for instituting judicial proceedings to pass judgment on his culpability, as it shall be made to appear.
Art. 2. In virtue of the ample faculties delegated to it by congress, and applying article 104 of the constitution, the government declares that there are grounds for proceeding against Jesus Gonzalez Ortega; and that whenever he presents himself in the territory of the republic, proper steps will be taken to obtain judgment on the offence involved in the fact, that, while holding the position of general in the army, he proceeded to reside permanently and of his own free accord in a foreign country during the war, without authority from the government, and to the abandonment of the army, of its flag, and of the cause of the republic.
Art. 3. Conformably to practice of congress on other occasions, the government, in the use of its ample faculties, will appoint a president of the supreme court of justice, in order that he may be able to succeed to the position of President of the republic, in case it should become vacant before the government can be turned over to a new president to be constitutionally elected, as soon as the condition of war will allow.
[Page 21]Wherefore, it is ordered that this decree be printed, published, circulated, and have due faith given to it.
Given at Paso del Norte, on the eighth day of November, in the year one thousand eight hundred and sixty-five.
BENITO JUAREZ.
Sebastian Lerdo de Tejada, Minister of Foreign Relations and of Government,
I communicate the same to you for your knowledge, and that it may have due effect.
The Governor of the State of——.
[From the official paper of the constitutional government of the Mexican republic, Paso del Norte, November 9, 1865.—Translation.]
Department of Foreign Relations and Government, Office of Government–Section first.
CIRCULAR.
I send you two decrees issued to-day by the citizen President of the republic, relative to the continuation of his office, and the manner of filling, if he should fail while the war prevents a new constitutional election.
Since the 30th of November, 1864, when the government decided, in Chihuahua, that the presidential term of four years did not expire at that time, but one year after, and the opinions of many public functionaries were adduced in that resolution to show that the powers and authority of the President should be prolonged to an indefinite period beyond the ordinary term as long as the extraordinary situation caused by the war should render it impossible to hold a new election; the government gave notice that the question should not be taken up at that time, but wait till circumstances should render it necessary to be decided.
As that time has now come, and the decree of this day has decided it, with sufficient reasons, I will only make a few remarks upon the articles of the federal constitution, to which the decree refers, and they are as follows:
“Art. 78. The President shall enter upon the discharge of his duties the first of December, and shall remain in office four years.
“Art. 79. During the temporary or absolute default of the President of the republic, before the newly elected is presented, the president of the supreme court of justice shall exercise that power.
“Art. 80. If the default of the President be absolute, a new election shall take place, in conformity with article 76, and the newly elected shall exercise his functions till the last day of November of the fourth year following his election.
“Art. 82. If, for any reason, the election of President is not held and published by the first of December, when he is to be replaced, or the elected is not ready to enter upon the discharge of his duties, the former shall nevertheless cease, and the supreme executive power shall vest temporarily in the president of the supreme court of justice.”
These articles, as the decree of to-day says, are all that treat of the duration of the functions of the President of the republic, and of the mode of supplying his place. In them, not only in spirit, but in a plain literal sense, it is seen that the constitution makes no provisions, and refers only to cases where the election has already been held, or could have been held, and orders it to be done immediately.
In fact, it is seen by article 79 that the president of the court shall exercise the power in default of the President of the republic, before the newly elected presents himself; that in article 80 a new election is ordered; and in article 82, in more precise terms, it is repeated that the president of the court shall only be charged provisionally with the executive power, and shall only hold it until a new election can take place.
All the articles having this meaning, it is natural and necessary to attribute the same signification to the precept contained in 82, when it is established that, at the end of the ordinary term, if for any reason the election for a new President had not been held and published, the former should yield, and the president of the court assume the executive power temporarily. This precept supposes, as all the other articles do, the possibility of holding an election, and wished to provide for the case when no election had been held, although it could have been done.
Without attempting to make all the articles mean the same, the signification of 82 is plain enough to show that it was to apply only when an election was possible; for, in case no election was held and published, its precepts could not be applied, nor to the case where there had been no election or publication, or an election without publication.
[Page 22]The idea alluding to the possibility of an immediate election is plainer in article 82, where it says the executive shall be confided to the president of the court, who shall hold it temporarily. These two words were used, though either one of them would have been enough, to signify that the case was not thought of where the president of the court should hold the power long or for an indefinite period, but that he should resign it, or only hold it till the publication of a new election already held should be made, or a new one be immediately held. It cannot be supposed that a temporary office would be held for an indefinite period; nor that the supreme executive power would be intrusted to an officer already elected to another office for the term of six years, and the period of which had almost expired.
It would be clearly wrong to give that meaning to an article of the constitution, when it would violate other articles of the same constitution. This would be the case if article 82 were so interpreted, even if an election were not possible; because other articles would be infringed, intrusting the supreme power to the president of the court, to hold it temporarily, till the new President elect should present himself, or till a new election could immediately take place.
It is evident that the meaning of article 82 is to prevent a President of the republic from abusing his power and authority by hindering the newly elected from taking his seat, or stopping an election when it could have been held. It could not possibly be applied to a case of this kind, where no act of the President, but war, prevented an election from being held. As there is no cause for supposing abuse of power in this case, it is wrong to believe that the constitution intended to destroy the power it created, or to take it from one who deserved it most through the confidence of the people, and give it to another who was to assume it only under the most urgent circumstances prescribed by the constitution.
It is not strange or new that certain precepts of the constitution intended to apply in times of peace should be found inapplicable in times of war. The only article of the constitution that looks to this case is 128, which says: when a rebellion or war interrupts the execution of its precepts, “the observance of them shall be restored as soon as the people regain their liberty.” For this reason it is not strange that the articles of the constitution in reference to the duration of the functions of the President and of the mode of filling his place are not now applicable. In these articles a principle was laid down, and then the rules necessary to carry it out. In article 78 the term of four years was established as a principle for the duration of presidential power; and in articles 79, 80, and 82, rules for the renovation or substitution of the presidency, by default or at an end, were laid down. In cases where this principle is inevitably suspended, by war for instance, the constitutional regulations cannot be carried out or enforced till peace is declared.
In a case like the present, when war is waging, the supreme necessity of preserving the government makes it just and necessary to continue the functions of him who is the chief executive. If war makes it impossible to elect a President of the republic while the president of the court is holding the office temporarily, it is certainly right to prolong the office of the President to any period required, but only in case of absolute necessity.
As it is now impossible to hold an election, the president of the court would have to be put into power, and serve for the remaining time of his six years, if it were not necessary for him to continue in power beyond that time, and thus violate the constitution. He can exercise the supreme power but for a short time, only till an election can be held; and if that cannot be done, he would have to hold over, even beyond the term of his office as supreme judge, contrary to the letter and spirit of the constitutional regulations.
So the impossibility of holding an election, at the present time, on account of war, makes it absolutely necessary to prolong the presidential powers, either in the person of the President himself, or in the supreme judge. If this prolongation is inevitable, why not continue it with the President elect, the choice of the people, and not with a judge, who was to hold it for a limited time, till a successor could be elected? Undoubtedly it would be more proper and conformable to the constitution to prolong both offices, according to the will of the people; and as the constitution in time of peace wanted both the offices to be filled at the same time, so that the government should never want a head, would it not be more proper to keep them filled in time of war, when there is greater danger from anarchy? On the other hand, if there was any doubt about this being the most conformable to the spirit and letter of the constitution, the legislative power only could solve it; and as the citizen President of the republic now holds that power, delegated to him by congress, with unlimited extent, to do as he pleased in war, without other restriction than that of saving the independence and integrity of the territory, the form of government established, by the constitution, and the principles and laws of reform.
As this question of prolonging the power of the President is settled, we must attend to the case of default or substitution. For this reason it was necessary to issue the other decree today, in relation to the fact that General Jesus G. Ortega remains in a foreign country, without leave or commission, has given up his place as president of the court, and resigned his rank in the army. He acted in the same manner once before at San Luis Potosi, giving up his place as constitutional president of the court of justice and assuming that of constitutional governor of the State of Zacatecas, without any authority or license. In the resolution made by the government at Chihuahua, November 30, 1864, it was explained why it was presumed he had resigned the presidency of the court. Article 118 of the constitution prohibits the holding of two elective offices at the same time, but permits the elected to choose which he [Page 23] prefers. Although the article refers to offices of the general government, it must here apply to State offices also. Notwithstanding this, it was determined in Chihuahua that General Ortega should retain his office of president of the court, for the national interest, so that, in default of the President, the judge could take his place. He was not called constitutional president of the court, nor could the government give him that title, for he had resigned it in San Luis Potosi, and could only regain it by a popular election; but the government, using the full power conferred upon it, declared that General Ortega was vested with the character of the president of the court. In this the government only followed a precedent of congress, that had appointed on one occasion a president of the court, when a constitutional president of the court was wanting.
In the copy annexed to this circular are shown the terms on which a license was granted to General Ortega, a few days after, to join the cause of independence as an officer in the interior of the republic. Against the express terms of this license, instead of going where he was needed, he left the country and went abroad, being guilty of two offences— one for giving up the presidency of the court, and the other for deserting his flag in time of war, he being a general.
In regard to the responsibility of public functionaries for dereliction of duties in the exercise of their offices, article 105 of the constitution says that congress, as a criminal court, shall decide the guilt and impose the penalty upon all such offenders. The responsibility in ordinary offences, not military, is considered in article 104, where it says congress shall decide the jurisdiction, relieve the man of his office, and consign him to the civil courts.
Among the powers conferred upon the government by the decree of the 27th of October, 1862, there was the prohibition to violate title IV of the constitution, which treats of the responsibility of public functionaries. The object of this restriction was that they should not be prosecuted by undue or arbitrary means, contrary to the provisions of the constitution; but this did not mean that they should not be prosecuted at all, only that the usual proceedings should be resorted to to enforce responsibility. The government has made use of this power delegated to it by congress, in punishing the treason of Santiago Vidaurri, and in other necessary cases; for it cannot be supposed that guilty officers would remain unpunished for political derelictions or common offences, prejudicial to the cause of independence, and in time of war.
For the serious reasons in the decree of to-day the government has decided that it was just and necessary to declare his responsibility. For giving up the place of president of the court, it has been declared that he shall present himself, as soon as he returns to the republic, and undergo his trial for that offence. For the crime of deserting his flag in time of war, it is also declared that he is subject to trial. Under the circumstances it was absolutely necessary for the government to notice General Ortega’s responsibility. He has not only remained out of the republic when it was his greatest duty to remain in it, to remedy the inconveniences of a headless government in case of the President’s default, but he has also gone without permission, and remains away, not deigning to say when he expects to return. His conduct has hindered the proper course of government by his absence, and for this reason it has been found necessary to give this just attention to his responsibility.
The one who has had charge of the government for several years during the war, so far from any pleasure or interest in his charge, it is irksome and dangerous, and the only motive the President has in issuing this decree is his firm and constant determination to do his duty to his country and to the people who elected him to the last.
The Governor of the State of——.
No. 5.
[Translation.]
Department of Foreign Relations and Government, Office of Justice, Interior, and Public Instruction–Section first.
On the 28th instant General Jesus Gonzalez Ortega, president of the supreme court of justice, directed the following communication to this department:
“As the supreme court of justice, of which I am the president, is not in session in this city, nor can it meet on account of the war and other circumstances now disturbing the republic, and desiring on my part to do my duty as a Mexican soldier, as I have always done since the beginning of the war with France, I beg you to remit this communication to the citizen President of the republic, that he may grant me, as president of the supreme court of justice, the corresponding license, by the power with which he is invested, to repair to the interior of the republic, or elsewhere within Mexican coasts, to continue to defend with arms the independence of Mexico.
[Page 24]“As the interior States are occupied by the invaders, I may have to pass some sea or foreign territory to realize my desires, and I hope you will inform the citizen President of this.”
In reply to the above, the following communication was addressed to-day by this department to the said president of the supreme court of justice:
“In view of your request for leave of absence, as president of the supreme court of justice, to go to points not occupied by the enemy, in order to continue to defend the independence of Mexico with arms, the citizen President, in ministerial council, has determined to grant you leave for an indefinite time, till you may choose to return to the seat of government, or till the government calls you or gives you some commission; you may in the mean time go directly by sea or over foreign territory to points of the Mexican republic not occupied by the enemy, to continue to defend the national independence with whatever forces you can raise, on condition that you will act in concert with the governor and military commander of the respective State, in your military operations, or with other chiefs of republican forces, in repelling the enemy, always by command of the political or military authorities from the supreme government, or its delegates properly authorized for the purpose.
“I send you this by supreme command, in answer to your despatch of the 28th instant.”
And I have the honor to transmit it to you for your information and corresponding action.
Independence, liberty, and reform! Chihuahua, December 30, 1864.
IGLESIAS.
The Citizen Minister of Foreign Relations and Government, Present.
Paso del Norte, November 8, 1865.
A true copy:
No. 6.
Decrees of the Congress of the United Mexican States investing President Juarez with extraordinary powers.
No. 1.—1. Law of 11th December, 1861.
2. Speech of president of congress.
3. Explanatory article, secret session.
4. Law of 7th June, 1861, referred to in above.
5. Articles of constitution, authorizing extraordinary powers.
No. 2 —6. Law of May 3, 1862.
No. 3.—7. Law of October 27, 1862.
No. 4.—8. Law of May 27, 1863.
No. 7.
1.—Law of December 11, 1861.
Department of Government–Section first.
The citizen constitutional President of the republic has been pleased to address to me the following decree:
Benito Juarez, constitutional President of the United Mexican States, to the inhabitants of the same, maketh known that the congress of the Union has thought proper to decree the following:
Article 1. The law of the 7th of June of the present year, which suspended certain of the guarantees stipulated in the constitution, is hereby declared to be in force, and the provisions of the same are hereby extended so as to include the suspension also of the guarantees contained in articles 11 and 27 in their first part.
Article 2. The executive is hereby fully authorized and empowered to take such steps and adopt such measures as in his judgment may be necessary, under the existing circumstances, without other restriction than that of saving the independence and integrity of the national territory, the form of government established by the constitution, and the principles and laws of reform.
Article 3. This suspension of guarantees and the authorization conceded to the executive [Page 25] by the present law shall continue until thirty days after the next meeting of congress, to whom account shall be given of the use that may have been made of these powers.
Dated in the hall of sessions of the congress of the Union in Mexico, December 11, 1861.
VICENTE RIVA PALACIO, President of Congress.
Juan N. Guzman, Secretary.
M. M. Ovando, Secretary.
Wherefore I order that it be printed, published, circulated, and observed.
National Palace of Mexico, December 11, 1861.
BENITO JUAREZ.
The Citizen Francisco J. Villalobos, Chief Clerk in charge of Department of Government.
And I communicate the same to you for your intelligence and the consequent ends.
The Citizen Governor of the Federal District.
Extract from the speech of the President of Congress, at the close of the sessions of that body, on the 13th of December, 1861, after conferring the foregoing extraordinary powers on the executive.
“By a decree congress, before closing its sessions, has authorized the executive in the most ample manner to dictate all measures that he may deem necessary, under the present circumstances, to confront the situation, saving only the national independence and integrity of territory, and the principles of the constitution and of the reform. By this, the greatest proof of confidence that a legislative assembly of the country has ever given to the depositary of the executive power, congress confides to this power the salvation of the republic, because it is convinced that in moments so supreme energy and efficiency depend almost always upon unity of action; and this idea is found also in our fundamental code in the fact which authorizes congress to concede to the executive extraordinary powers.
“Incalculable is the weight which will rest upon the shoulders of the executive; terrible is the responsibility which, from this day forward, he is about to assume upon himself alone; but also immense are the resources which are placed at his control, and unlimited the faculties which have been given to him.
“The sole consideration of the necessity of saving the country decided congress to take this step. Upon the executive it now depends, and upon no other, to save the republic or precipitate it in the abyss.
“The national assembly suspends to-day its legislative labors; but it will remain always on the watch as the sentinel of the public liberties, and ready to return to meet again at the moment when its presence shall be in any manner necessary for the good of the country.
“It will then receive from the executive an account of this power, which to-day it delivers into his hands with so blind a confidence.
“If the foreign question is not settled pacifically; if a scene of war is to be spread out over our country, we will enter into the combat; and the justice of our cause and the love of our country will present, more or less near, but always true and beautiful, a future for Mexico.
“God guard the republic!”
Explanatory article adopted in secret session of Congress on the 13th December, as appears by proceedings afterwards published by order of Congress.
Account was given to a communication from the department of foreign relations, accompanying an initiative, that it might be declared precisely whether in the faculties conceded to the executive by the law of the 11th instant was that of concluding treaties with foreign governments and placing them in force.
It was ordered to be passed to the committee which had already reported on the subject.
The rules were dispensed with, and the following article was adopted by a vote of 60 against 41, viz:
Article 1. In consequence, and resulting from the discussion and adoption of article 2 of the law of the 11th instant, the government is authorized to conclude treaties and conventions, and to place the same in course of execution, without the necessity of the approbation of Congress.
Law of Congress of 7th June, 1861, referred to in article 1 of the preceding decree.
Department of Foreign Relations and of Government.
His excellency the President ad interim of the republic has been pleased to address to me the following decree:
The citizen Benito Juarez, constitutional President ad interim of the United Mexican States, to the inhabitants of the same maketh known, that the sovereign congress of the union has thought proper to decree the following:
Article 1. The first part of article 5, section first, title 1, of the constitution shall remain in these terms: In case of national public interest, every individual may be obliged to lend personal service, a just remuneration always being rendered.
Art. 2. The guarantee conceded by article 7, of the same title and section, is hereby suspended. The liberty of the press shall be subject for the present to the law of the 28th December, 1855, in so far as it is not opposed to the laws of reform; but with respect to writings which, directly or indirectly, attack the national independence and institutions, public order, or the prestige of the public authorities, the government may anticipate judicial sentence, imposing upon the authors of such publications a fine not exceeding one thousand dollars, which shall be exacted from the owner of the press in case the author is unknown or has not the means to satisfy it. The government may, in place of a pecuniary fine, impose that of imprisonment or confinement for six months. The governors of the States can impose similar penalties; but in case of confinement, they shall give account to the general government, that it may designate the place, the offender remaining meanwhile properly secured. The members of the congress of the union shall be subject, the same as other citizens, to the prescriptions of this article.
Art. 3. For the exercise of the guarantee conceded by article 9 in political affairs the permission of the authorities shall be required.
Art. 4. The governors of the States and of the federal district, and the political chiefs of the territories, shall immediately issue regulations with regard to the carrying of arms, and shall designate what are prohibited, and the requisites for the use of those permitted, under the understanding that in no case shall this be made the pretext for the imposition of any pecuniary charge. In this sense the guarantee conceded by article 10 shall remain restricted.
Art. 5. The guarantees referred in the first part of article 13, that conceded in the second part of article 18, and in the first and second part of article 19, are hereby suspended.
Art. 6. The first part of article 16 is restricted in these terms: No one may be molested in his person, house, or possessions, except by virtue of the order of a competent authority.
Art. 7. The guarantee conceded in article 21, with respect to political offences, is hereby suspended. The general government alone, in case of political offences, can impose correctional penalties, not exceeding one year of seclusion, confinement, or banishment. These penalties shall only be applied in cases where the offenders shall not have been submitted to the judicial authority.
Art. 8. From the moment of taking part, with arms in hand, in favor of whatever political opinion, the offence ceases to be merely political, and becomes merged in those of criminal law.
Art. 9. The second part of article 26 is hereby limited in these terms: In time of war, the military authorities may exact transportation, quarters, and personal service, in the terms directed by the ordinances of war.
Art. 10. The suspension of these guarantees shall continue for the term of six months.
Art. 11. The law of the 6th of December, 1856, with reference to conspirators, is hereby declared to have been and to be in force.
Dated in the hall of sessions of the congress of the Union, in Mexico, the 7th of June, 1861
FRANCISCO DE P. CENDEJAS, Vice President of Congress.
E. Robles Gil, Secretary.
G. Valle, Secretary.
Wherefore, and with the accord of the council of ministers, I order that it be printed, published, circulated, and observed.
Dated in the National Palace of Mexico, June 7, 1861.
BENITO JUAREZ.
The Citizen Leon Guzman, Minister of Foreign Relations and of Government.
And I communicate the same to you for your intelligence and the consequent ends.
The Citizen Governor of the Federal District.
[Translation.]
The articles of the constitution relating to the suspension of guarantees and the grant of extraordinary powers by congress to the executive are as follows: (See constitution in full in diplomatic correspondence on Mexican affairs for 1861, page 140.)
TITLE I.—SECTION FIRST.
Article 29. In case of invasion, grave disturbance of the public peace, or whatever cause which may put society in great peril or conflict, solely the President of the republic, in concurrence with the council of ministers and with the approbation of the congress of the Union, and in the recess of this, of the permanent deputation, may suspend the guarantees established by this constitution, with exception of those that assure the life of man; but such suspension shall be only for a limited time, by means of general provisions, and of such a character as not to favor a determined individual purpose. If the suspension take place during the session of congress, this shall grant such authorization as they shall deem necessary to enable the executive to confront the circumstances. If it shall take place during recess, the permanent deputation shall, without delay, convoke the congress for its advice and action.
TITLE III.—SECTION FIRST—PARAGRAPH THIRD.
Article 72. Congress has the power—
* * * * * * * * *
Thirtieth. Of making all laws which may be necessary and proper to render effective the foregoing powers, and all others conceded by the constitution to the powers of the Union.
TITLE VIII.
Article 128. This constitution shall not lose its force and vigor, even if its observance be interrupted by any rebellion. In case that by means of such an event a government shall have been established contrary to the principles which it sanctions, immediately upon the people recovering their liberty its observance shall be re-established, and, according to its provisions and the laws which have been passed in virtue of it, shall be judged as well those who have figured in the government emanating from the rebellion as those who have co-operated with it.
2.—Law of May 3, 1862.
Benito Juarez, constitutional President of the United Mexican States, to the inhabitants of the same maketh known, that the congress of the Union has thought proper to decree the following:
Article 1. The suspension of guarantees established by the law of the 11th of December, 1861, is hereby continued.
Article 2. The Executive is again authorized in the terms prescribed in the said law, with the limitations therein established; and, besides that, of not intervening in matters of a judicial order commenced, or that may be pursued, between private individuals.
Article 3. The suspension of guarantees, and the authorization to the Executive spoken of in this law, shall continue until the meeting of congress, on the 16th of September next; and if then its meeting shall be impossible, by reason of the foreign war, or from the elections not having taken place, they shall continue until the next first meeting of congress shall take place.
Article 4. In case that the regular elections of members of congress cannot take place in certain of the districts on the days prescribed by law, the government will take care to designate other periods in order that the meeting of congress may take place at the earliest possible moment.
Article 5. The Executive will give an account of the use that he may make of the faculties [Page 28] and powers conceded to him by this law within the first fifteen days after the meeting of the national congress.
Dated in the hall of sessions of the congress of the Union, Mexico, May 3, 1862.
JOSÉ LINARES, President of Congress.
Remigio Ibanez, Secretary.
M. M. Ovando, Secretary.
Wherefore, I order that it be printed, circulated, and that due compliance be given to it National Palace of Mexico, May 3, 1862.
BENITO JUAREZ.
The Citizen Manuel Doblado, Minister of Foreign Relations and of Government.
And I communicate the same to you for your knowledge, and the consequent ends.
The Citizen Governor of the Federal District.
3.—Law of October27, 1862.
Department of Foreign Relations and of Government.
The citizen President of the republic has been pleased to transmit to me the following decree:
The citizen Benito Juarez, constitutional President of the United Mexican States, to the inhabitants of the same maketh known, that the congress of the Union has thought proper to decree the following:
Article 1. The dispositions contained in articles 1 and 2, of the law of May 3 last, are declared in full force.
Article 2. The suspension of guarantees and the authorizations conceded to the Executive by the present law will last six months, provided that peace with France is not re-established before the end of that period. If the war should last more than six months, said suspension and authorization will last until thirty days after the reassembling of congress.
Article 3. The Executive will give an account of what use he has made of these faculties within fifteen days after the authorizations have ceased.
Article 4. It is declared that the Executive has no faculty to interfere nor decide in civil affairs between private persons, nor in criminal cases, in which offence of private rights only is involved.
Article 5. In the powers granted by this decree is not included that of contravening in any way the provisions of title 4° of the constitution
Given in the hall of sessions of the congress of the Union, in Mexico, October 27, 1862.
JOSÉ GONZALEZ ECHEVARRIA, President of Congress.
Felix Romero, Secretary.
Joaquin M. Alcalde, Secretary.
Wherefore, I order that it be printed, published, and carried into effect.
National Palace of Mexico, October 27, 1862.
BENITO JUAREZ.
The Citizen Juan Antonio de la Fuente, Minister of Foreign Relations and of Government.
And I communicate the same to you for your information and the consequent ends.
The Citizen Governor of the Federal District*
4.—Law of May 27, 1863.
Department of Foreign Relations and of Government.
The citizen President of the republic has been pleased to address to me the following decree:
Benito Juarez, constitutional President of the United Mexican States, to the inhabitants of the same maketh known, that the congress of the Union has been pleased to decree the following:
Article 1. The suspension of individual guarantees ordained by the law of the 27th October, 1862, and the concession of powers which by the said law was made to the executive, is hereby extended until thirty days after the next meeting of Congress in ordinary session, or before, if the war with France is terminated, continuing also in force the conditions and restrictions imposed upon the Executive by the aforesaid law.
Article 2. In what relates to treaties, agreements or diplomatic conventions that the government may conclude, it is understood that no intervention of any kind shall be admitted.
Dated in the hall of sessions of the Congress of the Union, in Mexico, May 27, 1863.
S. LERDO DE TEJADA, President of Congress.
Francisco Bustemente, Secretary.
M. M. Ovando, Secretary.
Wherefore, I order that it be printed, published, and observed.
National Palace of Mexico, May 27, 1863.
BENITO JUAREZ.
The Citizen Juan Antonio de la Fuente, Minister of Foreign Relations and of Government.
And I communicate the same to you for the consequent ends.
The Citizen Governor of the Federal District.
[Translation.]
Congress closed its session on the 31st of May, 1863, and on the 10th of June the city of Mexico was occupied by the French forces.
Since that time no session of Congress has been held, nor has it been possible for any elections to take place. President Juarez has, therefore, continued in the exercise of the extraordinary powers conferred upon him by the law of 27th May, 1863, and in pursuance of the same and by virtue of article 128 of the constitution, on the eighth day of November last, before the normal expiration of his term, which would have closed on the 30th November of the past year, he issued a decree extending the term of his office, in compliance with the advice and wishes of nearly all the liberal leaders, until the expulsion of the invaders shall permit an election to be held.
- Regarding the responsibility of public functionaries.↩