Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Third Session of the Fortieth Congress
Mr. Plumb to Mr. Seward.
Sir: As an authoritative statement of the present situation of this country I transmit herewith translation of remarks made by a government member in the Mexican congress, on the 22d instant, in the discussion of a project of law to suspend certain constitutional guarantees, and to give certain powers to the executive, in order to enable it to act more effectively in the punishment of conspiracies and other offenses against the public tranquillity; of a report with reference to the situation in the State of Guerrero, made by the minister of government to congress on the same day; and of a decree passed by the legislature of [Page 457] the State of Tobasco, conferring extraordinary powers upon the governor of that State, to the end of enabling him to maintain the public order.
I have the honor to be, very respectfully, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
Situation of the country.
CONGRESSIONAL REPORT—SESSION OF THE 22D OF APRIL, 1868.
The report of the committee of government upon the suspension of certain constitutional guarantees being under discussion, Mr. Joaquin Baranda, a member of the committee, said:
No one will deny, sir, that peace and internal tranquillity are the first necessities of society, for without peace no government is possible, without tranquillity there can be no constitution.
And are we in full peace? Has Mexican society completely recovered its normal condition? Is the republic living tranquilly under the shade of its laurels, enjpying the advantages of its late victory? Let us see.
There is Yucatan, where certain bad Mexicans, coming from Cuba, disowned the legitimately constituted authorities, inducing the garrison of the capital to rebel, and overturning completely public order in all the State; and order has not yet been re-established, if we may judge by the last measure taken by the provisional executive suspending the elections.
There is Sinaloa, where Mexican blood is being profusely shed in a fratricidal war.
There is Puebla, where there have been various attempts at insurrection, occasioned by the election for governor.
There is Tabasco, where in less than three months two revolutions have been discovered and happily suppressed, without counting the invasion of the petty leader Juan José Juarez, who, commissioned by the mysterious conspirators of this capital, entered the State after having surprised the island of Carmen and seized the money in the custom house and some material of war.
There is Tamaulipas, where the hydra of revolution threatens to raise its deformed head.
There is Quiroga, seeking to overturn publie order in Nueva Leon.
There is Negrete, who invades the state of Mexico with the flag of rebellion in his hand. There are the highways full of kidnappers, thieves, and assassins.
There is the capital itself of the nation, in whose bosom has been discovered, not long since, a wicked plan which had for its object to assassinate the President and other public functionaries, and in whose principal streets are perpetrated frequent and abominable crimes.
There is, finally, Jesus Gonzales Ortega, who has not yet lost the illusion of being the president of the republic, impeaching him who now worthily fills that charge, and publishing his impeachment in various papers, an impeachment which is a voice that says to the discontented, rise in insurrection, you have still an apparent motive fordoing so.
Sir, is this peace, is this tranquillity? Evidently, no. What shall be done to obtain that precious good?
Will it be observing strictly the constitution and respecting all the guarantees which it authorizes? No. No one has been punished in Yucatan; Juan José Juarez has not been, nor the conspirators in this capital.
A law is necessary, not so severe in its penalties as swift in its proceedings, that will cause its action quickly to be felt by the culpable.
Society does not punish for the pleasure of punishing; it punishes to restrain, and this justifiable end cannot be attained by delaying the application of the penalty.
These are the powerful reasons, in my judgment, which have obliged the committee to declare in force, for conspirators only, the law of the 25th of January, 1862, suspending as a previous and indispensable measure one of the constitutional guarantees, that of not being tried by special laws or tribunals.
With respect to other offenses, we ask that they shall be tried in conformity with the laws of June, 1861, and December, 1856, as has been provided in resolutions that congress has taken on other occasions of a similar nature.
[Page 458]We have defended amnesty and pardon for past offenses; but without doing violence to our conscience we cannot counsel impunity for crimes that are committed to-day, and that encourage further crimes in the future.
We have believed, and still believe, that the French intervention and the farce of the empire were to be the final admonition to our political enemies, and that overcome, and overcome absolutely on every field, they would now merit rather the clemency of a pardon than the rigor of punishment.
Since the independence, our unfortunate country has traced a tortuous and bloody road.
What is the cause of the present state of our agriculture, our commerce, and our industry? Revolution. What is the reason our country is so unfortunate when it should be so happy? Revolution. What is the pretext of which our enemies at home have availed to beg foreign intervention? Revolution. What is the apparent motive upon which foreign nations have pretended to intervene in our political questions and to subjugate us? Revolution. Always revolution.
And now, when we have so happily terminated our second war of independence, can we not free ourselves from this terrible situation, that causes us to appear before the world as a country incapable of government itself?
Sir, can we not have peace? Peace, the aspiration of all peoples and of all men!
In one of the papers of this city an article is published to-day which refers to the report we are discussing, and says: “Those only can think with liberty who have a special privilege. Awake, democrats, this law recalls Santa Anna.”
This is a gross imposture, for in article 6 of our project of law it is clearly stated “offenses of the press are not included in this law.” All Mexicans, therefore, can freely think and write what they think, and print it and circulate it everywhere, without fear of being included in the law of the 25th of January.
So far as jurisdiction, we have referred to constitutional jurisdiction; and it excites surprise that a blind constitutionalist, so to speak, believes that what is conceded by the constitution of 1857 can recall the abominable dictatorship of Santa Anna.
We did not expect to be accused of lack of constitutionalism in counseling repressive measures against conspirators, kidnappers, thieves, and assassins.
We love the constitution; it is the glass in which we see ourselves, for it is the will of the people, written by the hand of their representatives; but we do not profess that Pharisaical constitutionalism which some parade. We do not wish the constitution to be an arm of party; we do not wish it to be a mantle with which criminals are to be covered. We desire that it shall be preserved pure and without spot, as the sacred charter of the rights of the people.
We beg that the chamber, without fear of being wanting to its principles, or of violating its convictions, will be pleased to vote the project, of law that we have discussed, because, voting the law, they will vote the punishment of the disturbers of public order; and with this peace, which is what the republic most requires to assure its triumphs, will develop its elements of greatness, and it will be completely free and happy.
Condition of the state of Guerrero.
CONGRESSIONAL REPORT—SESSION OF APRIL 22, 1868.
Mr. Doria, president. The minister of government has the floor, to give information with reference to events in the State of Guerrero.
Mr. Vallarta, minister of government. The government regrets to have to announce to congress that the situation in the State of Guerrero is very far from being satisfactory.
General Arce has reported that in the town of Tlapa General Pinzon had shot the Prefect Cano, who obeys Jimenez; that when this general was disposed to come to the capital, as well as General Alvarez, the latter, when General Jimenez had separated from his forces, renewed hostilities against them.
It is not known if the act of Pinzon was committed in ignorance of the agreement of Alvarez with Jimenez.
The government has dictated such measures as it believes necessary; it has asked reports from General Alvarez, and it hopes they will be of such a character as to hasten the return of that State to the constitutional order.
Mr. Doria, president. The session is adjourned.
Extraordinary faculties conceded by the legislature of Tabasco to the Governor of that state.
Felipe J. Serra, constitutional governor of the free and sovereign State of Tabasco, to the inhabitants of the same, be it known: That by the honorable legislature of the State there has been addressed to me the following decree:
The legislature of the free and sovereign State of Tabasco, considering the absence of any result from the lenitude with which until now the executive has treated all those who, without any political principles, have launched themselves upon the arena of insurrection, that the country is again threatened by a vandalic rebellion which it is necessary to restrain with a strong hand, in use of its faculties, decrees:
Article 1. The executive is authorized immediately, and under his most strict responsibility, to proceed, at his discretion, against the disturbers of the public repose until peace is restored to the State.
Art. 2. He can, in consequence, first, organize and place under arms all the national guard of the State, and in such force as is sufficient for the object. Second, procure pecuniary resources in such manner as he may judge most convenient, pledging therefor the revenues of the State. Third, arrest and imprison and expel from the State all secret conspirators. Fourth, severely punish all conspirators discovered, and proceeding, at his discretion, in all relating to the public tranquillity.
Art. 3. The executive is eminently responsible before congress for the public tranquillity of the State and the use he may make of the faculties conceded to him, of which he will give an account to the legislature, as well as that the peace of the State shall be a reality.
The executive will be informed of the same, and will direct its compliance.
José Victor Fernandez, Secretary.
Juan Ferré, Secretary.
P. Soa y Ortez, Chief Clerk.