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: The closing of the second period of the sessions of the Mexican congress took place on Sunday the 31st ultimo.
I have the honor to transmit herewith translation of the addresses of President Juarez and of the president of congress, Mr. Zarco, on that occasion.
The succeeding session will commence, according to the constitution, on the 16th of September next.
By the Mexican constitution it is provided that during the recess of congress there shall be a permanent deputation composed of one member from each State and Territory, to be chosen by congress just before the close of the session.
The deputation so chosen met and organized yesterday, and will remain in session at this capital.
The faculties of the permanent deputation are prescribed in the extracts from the constitution of which I inclose translation herewith.
It will be observed that among them is the power to call congress together in extra session, and to grant leave of absence to the President of the republic.
I have the honor to be, very respectfully, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
Speech of President Juarez at the closing of Congress, May 31, 1868.
Citizen Deputies: With patriotic zeal for the fulfilment of your high duties, you have been assembled for the long term of six months of sessions. On their termination [Page 481] now, you can retire with the satisfaction of having dedicated your deliberations with an enlightened spirit to objects of importance for the public welfare.
A liberal law for the press has been invested with the character of an organic law, securing that ample liberty of thought so indispensable for the subsistence and prosperity of all the liberties acquired by the constitution and reform.
The establishment of colonies on our northern frontiers will be an efficacious means of protection against the incursions of the Indians, at the same time fostering and securing the welfare of those States by increasing their population and developing all their sources of wealth.
Freedom of commerce among the States has been protected, and the hmderances which might have prevented it have been removed.
The attention and care of congress has also been taken up with the subject of public improvements and means of communication, which so greatly favor the movement of commerce and industry, so beneficial to society.
Congress has exercised one of its most important prerogatives by classifying the revenues, and decreeing the estimates of income and expenditure of the federation.
These labors having been performed for the first time since the prolonged civil and foreign war which the republic has suffered, congress will be able in future to weigh in its enlightened consideration the improvements which may be suitable, if experience should show that they may be required by the necessities of the administration.
Such public disturbances as had any serious character have terminated favorably, and it is to be hoped that the inestimable blessing of peace will be secured. Peace has been re-established first in the States of Yucatan and Guerrero, and afterwards the disorders in Sinaloa have been suppressed.
Small bands still exist in some districts of the States of Mexico and Queretaro. The nature of the ground in which they maraud has facilitated their escape from the forces the governor has sent to pursue them, but they are daily more actively pursued, in order that the roads and towns may be freed from this plague.
The government, which has given so many proofs of clemency and generosity, is also strictly bound to employ, in cases of necessity, the means of repression authorized by the last decree of congress, against such parties as should still pretend to speculate in revolutions, by attacking the dearest interests of society.
Nevertheless, the general opinion of the republic should inspire us with confidence respecting the future, as it disapproves energetically of the use of force under any pretext, for placing itself above the laws. Liberty and peace will be consolidated by a faithful observance of our institutions. Accept, citizen deputies, the wishes I make that we may be able to congratulate ourselves on the condition of the republic, when you reassemble in the coming term of your sessions.
Reply of the President of Congress, Mr. Zarco.
Citizen President of the Republic: In fulfillment of a constitutional precept the congress of the union this day suspends the labors to which it has been dedicated for six months. Its deliberations during that term have had for their object the securing to the Mexican people the benefits of legal order, and of that political liberty which, with such bravery, it knew how to recover on saving its independence.
The first result of the triumph of the republic over the misguided who wished to extinguish its autonomy and subvert its institutions, was the assembling of a congress freely elected by the people.
The national representation met just after the calamities of the foreign war had terminated, and when the intervention and the so-called empire had everywhere left the odious marks of blood, ruin, and disorganization. The labors of congress, in such a state of things, should tend to reconstruct, reorganize and tranquillize a community which had been deeply affected, and which had not halted in the face of any sacrifice, provided it could save its independence. In so difficult a task the congress with pleasure perceives it has reckoned on the support of the good sense of the people, who, in the clearest manner, have for years past been manifesting their sincere adhesion to democratic institutions, and who, in the midst of misfortunes and the ordeals they have had to go through, only base their hopes on legal order.
Congress, as soon as it was installed, took care to compute the votes emitted in the last elections, and declared who were the citizens called by the people to exercise the executive power and the magistracies of the supreme court of justice, and thus hastened the regular reorganization of the public powers. Afterwards, a vacancy having occurred in the supreme court, and some districts being without representatives in congress, the latter convoked the people for new elections, in order that the supreme powers should exist and perform their functions in a regular manner.
Constitutional order having been fully re-established, congress has consolidated it, making it effective and giving it respectability and prestige.
Obstacles have yet been encountered in endeavoring completely to pacify the country. When any serious disorder has taken place, congress, true to the spirit of the institutions, [Page 482] and without sacrificing liberty to transient circumstances, has strengthened the action and power of the executive as far as necessity required it. It was thus that the revolution in Yucatan was suppressed and that people were enabled to get rid of anarchy and enter on constitutional order.
Subsequently, congress, with the view of re-establishing peace and security which are threatened by disorganizing bands who have no political tendencies, has given the government the faculties necessary for restoring to the country that repose it so much desires, and which has to be the basis of its prosperity. Congress leaves the executive armed with the law to preserve society from fresh disturbances, and it is sure that law will suffice for the attainment of so important an object.
The necessity is being felt for those organic laws which are to be the complement of the constitution, and are to secure public liberty. Congress has not been idle on this point which it leaves well advanced. It has already issued the organic law of the liberty of the press, removing all obstacles for the expression of thought, and so regulating it that the press may be the guardian of all rights and liberties.
Congress, not allowing itself to be carried away by angry feelings, engendered during long civil wars, nor by the odium inspired by treason to the country, has taken care to honor the memory of eminent patriots, thus offering emulation to republican virtue.
Congress, following the spirit of the times, and comprehending the necessities and aspirations of peoples, in as far as circumstances have permitted, have given preference to material improvements, and has decreed the opening of means of communication; but the time has not sufficed for concluding all the business relating to so important a matter.
The establishment of military colonies in the northern frontier States, and in those of Yucatan, and Campeche, is a proof of the solicitude of the union in favor of the districts at a distance from the center, and that it is now possible to attend to the wants of all the States. Endeavors are being made for the defense of towns on the frontier against the incursions of the savages, and also for the foundations of new towns, so that in the course of time what is now a desert may become a center of prosperity and civilization.
In several legislative measures the object has been kept in view of favoring the development of industry and commerce, and in general the interests of the working classes—interests which, in order to prosper, must be in harmony and not run into the error of reciprocal hostility. The most important of these measures is that which removes obstacles to the transport of national products and protects the liberty of traffic among all the States of the union.
In the second period of sessions, which ends to-day, congress, in compliance with the constitution, has given preference to financial affairs, and, after arduous deliberations, has revised the estimate of expenses and has issued the law of classification of rents and the estimate of income. For the first time since the promulgation of the constitution has congress been able to attend to these labors, which are one of the principal objects of the representative system.
Very far is it from believing that perfection has been arrived at, but it certainly feels satisfaction in having taken the first step in the path that ought to lead us to order, economy, and security in the management of finances.
It has had for its object to give to the country a good administration, to attend to its necessities, particularly in the branch of material improvements, to introduce economy and alleviate contributors.
Time and experience will perfect these labors, which in future will become easy and simple, and then the administration may be made still more simple and the taxes considerably diminished, so that the people may enjoy a cheap government, and know that all that they contribute to the treasury is employed for the good of the country.
Congress has had to exercise the high judicial functions intrusted to it by the constitution, and the sentences which it has pronounced have come to corroborate great political principles. They have demonstrated that the responsibility of high functionaries is not a vain or empty promise, that there is legal recourse against arbitrary measures and against the usurpation of power, and they have at the same time made manifest that the supremacy of the Union should be respected in every country, that individual guarantees cannot be trampled under foot with impunity, and that the general powers do not restrain the sovereignty of the states in their internal regime.
Congress believes that it has fulfilled its duty, and that all its labors have tended to the reorganization of the republic, and to increasing in the people the adhesion they profess for the institutions.
On retiring into recess the national representation has confidence in you, citizen President, that you will be, as ever, the zealous guardian of the constitution, laws, and honor of the republic. It hopes that, with the authorizations it has conceded to you, you will advance in the work of pacifying the country, applying the law with salutary energy.
The national representation has, above all, confidence in the good sense of the people, and hopes that by the efforts of the citizens, particularly those invested with authority, in the strict fulfillment of the law, they will arrive at consolidating the institutions, [Page 483] and that the republic will march serenely and majestically in the path of its prosperity and aggrandizement.
The representatives of the people entertain no other ambition, and they hope when they reassemble to find the condition of the republic improved.
If unforeseen circumstances or public necessities should call for legislative action before the constitutional period, the representatives of the people will attend, anxious to fulfill their duty, with no other view than the welfare of the people, and the securing of legal order and liberty.
Extracts from the Mexican constitution, paragraph IV, of the permanent deputation.
Article 73. During the recess of the congress of the Union there shall be a permanent deputation, composed of one deputy from each State and Territory, who shall be named by congress on the evening of the last day of its sessions.
Art. 74. The powers of the permanent deputation are the following:
1. To give its consent to the use of the national guard in the cases spoken of in article 72, clause 20.
[Article 72, clause 20, is as follows: “Of giving its consent that the executive may order the national guard without their respective States or Territories, fixing the amount of the force necessary to be so used.”]
2. To determine by itself alone, or at the petition of the executive, the convocationof the congress in extraordinary session.
3. To approve in the case of appointments, as referred to in article 85, clause 3.
[Article 85, clause 3, is as follows: “To appoint ministers, diplomatic agents, and consul general, with the approbation of congress, or, in its recess, of the permanent deputation.”]
4. To receive the oath of the President of the republic, and of the ministers of the supreme court of justice, in the cases provided by this constitution.
5. To report upon all the business not disposed of, in order that the session which follows may immediately take up such unfinished business.
Art. 29. In cases of invasion, grave disturbances 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 assume 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.
Art. 95. The duties of members of the supreme court of justice can only be resigned for grave reason, approved by congress, to whom the resignation shall be presented; in the recess of congress, before the permanent deputation.
Art. 84. The President cannot leave the residence of the federal powers, nor the exercise of his functions, without grave motive, approved by congress, or, in its recess, by the permanent deputation.