Office of the Historian

No. 275.
Mr. Nelson to Mr. Fish.

Legation of the United States,
Mexico, December 9, 1871. (Received January 2, 1872.)
No. 481.]

Sir: The discussion of the bill conferring extraordinary powers upon the president was terminated on the 1st instant, and the measure was adopted substantially as reported by the committee. Unlimited power is given to the president in the departments of war and finance, and certain individual guarantees are suspended until one month after the beginning of the next session of congress, in May, 1872, at which time the executive is required to give an account of the use made of said powers.

A copy and translation of the law are inclosed, (A and B.)

Congress will adjourn on the 15th instant.

I am, &c.,

THOMAS. H. NELSON.
[Page 369]
[Inclosure B.—Translation.]

Ample facilities.

Benito Juarez, Constitutional President of the United States of Mexico, to all the inhabitants thereof:

The congress of the union has thought proper to decree the following:

The congress of the union decrees:

  • Article 1. The fractions 1, 3, and 4, of the first article, and the whole of articles 2, 3, 4, 5, 6, 7, 13, 14, and 15, of the law of the 17th of January, 1870, are declared in force, up to one month, after the first meeting of congress; and the eighth article is modified in the following manner: “From the moment a military officer commences with arms in his hands to rebel against the constituted authorities, or when a citizen acting in the same manner, commits exactions or violence against any person, the crime will cease to be merely political” and then is considered as an ordinary crime.
  • Article 2. The chief of an armed rebellion and the officers in active service, from sergeant up, who go over to the enemy, will be judged as is prescribed by article 10 of the aforementioned law of the 17th of January, 1870. Those officers who are not in service and citizens, who take up arms against the government, to commit the same crime, will be judged in the same manner.
  • The law of the 5th of December, 1856, is declared in force, (articles 6 and 54,) and the exception established by article 8 being revoked.
  • Article 3. The executive is authorized to dictate in the war department all the necessary dispositions to re-establish and preserve public peace; also for the same reason, in the treasury department, he is authorized to provide resources, having the power to levy contributions, and make the necessary outlays; under the understanding that the states, district, and territory will share proportionally the contributions that may be decreed, and also that the payments made to the government on account of duties imposed by the laws hitherto decreed will be made in the manner prescribed by these laws.
  • Article 4. The suspensions of guarantees accorded in the second part of article 18, and in the first part of article 19 of the constitution, refer only to those who are accused of rebellion against the constituted authorities. Those who commit crimes of the ordinary character, without being rebels or kidnappers, will enjoy fully all the individual guarantees that are accorded by constitution.
  • Article 5. No sentence of death, pronounced according to this law, can be executed until the cause is forwarded to the president of the republic, that he may determine whether pardon be granted or not, either officially or by petition of the party interested.
  • Article 6. If, before the meeting of congress, the cause that gives rise to the suspension of guarantees should have ceased, this suspension will terminate immediately, and the constitutional articles that insure individual liberty will be reestablished in their full force.
  • Article 7. The executive will give an account of whatever use he may have made of these faculties in the forthcoming period of sessions mentioned in article 1.

Hall of the congress of the Union, Mexico, December 1, 1871.

  • ALFREDO CHAVERO,
    President of Congress.
  • Alberto Garcia, José P. Nicoli,
    Secretaries.

Whereupon I order the above to be printed, published, circulated, and to be duly observed.

Mexico, December 2, 1871.

BENITO JUAREZ.