Mr. Plumb to Mr. Seward.
Sir: In dispatch No. 119, of the 24th ultimo, I referred to the discussion, in the Mexican congress, of a project of law to suspend certain guarantees of the constitution, and to give to the executive certain powers to enable it more effectually to suppress conspiracies and punish offenses against the public tranquillity; and I transmitted to the department translation of a speech made by one of the government members upon that subject.
This discussion was originated by the presentation to congress, on the 21st of January last, of an initiative of the government, recommending the adoption now, on account of the situation of the country, of articles 4 to 11 and 27 to 31, inclusive, of the law of the 25th of [Page 473] January, 1862, which is the law under which Maximilian was executed, and which has been characterized by Mr. Montes, in a very able speech in the Mexican congress on the 8th of February last, on amnesty, as a law which to all offenses imposes the penalty of death.
The introduction of such an initiative, at a time when the reactionary party, finally defeated in 1860, having sunk yet lower by appealing to that last resort of defeated faction, foreign intervention, has now no longer any existence in the country, and when that foreign intervention has entirely passed away, and by the triumph so lately achieved the whole republic was placed unreservedly in the hands of the constitutional government, has startled public sentiment and occasioned a prolonged and heated discussion, not only in congress but also in the public press, for it is felt that such a measure now can be necessary only as against the liberals themselves, by one portion of that party against another, and that it is the strongest evidence that permanent tranquillity is yet of doubtful realization.
While the debate has continued, the situation, which in January led the government to ask for these additional powers, has become worse; but the opposition to the measure has been so strong, that after the initiative of the executive had been several times modified, and the death penalty stricken out, an entirely new law was finally framed, much more moderate, yet still unpopular, which passed congress on the 6th instant, and of which I transmit translation herewith.
In dispatch No. 119 I also mentioned the granting of extraordinary powers by the legislature of the State of Tobasco to the governor of that State.
Since that time similar powers have been conferred upon their governors by the legislatures of the States of Puebla and of Queretaro, and now the faculties contained in the present law have been conferred upon the general government by the congress of the Union, all because it is urged that tranquillity cannot be maintained under the normal action of the State and federal authorities.
This is in addition to special measures touching the rebellions which have occurred, and have been suppressed, in the States of Yucatan and Sinaloa, and that which cannot correctly be said yet to have terminated in the State of Guerrero.
It is scarcely ten months since the constitutional government reentered this capital, and without an element of resistance left against it, and with greater sources of prestige and strength than ever before, had the destinies of the republic entirely in its hands, and there was, apparently, no reason why permanent peace, order, and security should not be attained.
I have the honor to be, very respectfully, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
- [Article thirteen of the constitution, first part, is as follows: “In the Mexican republic no one shall be judged by special laws nor by special tribunals.”]↩
- [Article twenty-one of the constitution is as follows: “The application of punishment, properly such, belongs to the judicial authority. Political or administrative authorities can only impose as corrections fines not exceeding five hundred dollars, and confinement not exceeding one month, in cases and manner expressly determined by law.”]↩