It is proposed to incorporate in the next constitution the guarantee of
rights embodied in that of 1871. The principal alterations discussed
are, the extension of the presidential term to four years, without
reelection until the expiration of the term of office of the successor;
liberalizing the conditions for naturalization; giving power to the
President, during the recess of the legislative body, to create and
organize an army and militia; to grant amnesties and reprieves; to
declare the state of siege in lawful cases; to restrain the liberty of
the press when martial law demands it; to give or withhold permission to
Salvadoreans to accept foreign employment; to adjust the values of
moneys, weights, and measures, which may be convenient to the government
to receive or give in payment, and to always account to congress for the
use of these faculties so soon as it has assembled.
It has been generally conceded that the existing constitution trammeled
exceedingly the executive in troublous times, especially after congress
had adjourned, and as most of the projected reforms relate to urgent
exceptional cases, in all of which an account is to be rendered to the
legislature for confirmation, it may not be a step in the wrong
direction if the desired end can be reached by peaceful deliberation.
The idea of the extension of the presidential term seems generally to
commend itself, and liberal naturalization laws will greatly tend to
promote prosperity.
The conflict with Honduras has subsided with the victories to the allied
arms, and a growing wish for permanent peace is expressed by all who
have any substantial interests here.
The constitution of 1871 has been in force but a few months, and by a
provision of its own it was not to be remodeled until after the
expiration of six years. Its main features are, however, to be retained,
with variations in the minor details. I have been told that they desire
to approximate more to the Constitution of the United States. Would that
they might adopt one of its grandest elements, permanence.
[Inclosure No. 2.—Translation.]
Address of President Gonzalez.
Santiago Gonzalez, field-marshal and
constitutional President of Salvador, to his
fellow-citizens.
Salvadoreneans: The whole republic has
comprehended very well the difficulties which the constitution of
1871 opposes to the executive, obstructing the discharge of its high
mission as a power, active, permanent, and charged to always watch
the greatest interests of society.
The majority of the population have spontaneously raised their voice,
asking the reforms which our fundamental statute requires, and I
cannot disregard that voice, which solemnly expresses public
opinion, and which wishes to direct the progress of the country to
the purposes of the revolution of the memorable 10th of April of the
past year.
The constituent legislators of 1871 endowed the country with a
political work which, although it contains a declaration of rights
and guarantees sufficiently conformable to a system of liberty, on
the other hand restricts its expansive spirit, limiting the
enjoyment of its benefits to a less number of persons than the
generous heart of the Salva-doreneans would desire to extend
them.
Beyond these narrow views, and other defects of more or less
importance, which permeate our constitution, it was dictated under
the influence of an error which has caused no few evils to Spanish
America—a deplorable error, which consists in believing that the
department of the government charged with the administration of the
treasury and the direction of the public force, is, and ought to be,
by its nature, inimical to the other two, which respectively
construe and enforce the law.
Such a failing is, doubtless, the source of calamity to many in
power, who may not wish to confine the exercise of their legitimate
functions within the proper orbit. But if this be so, also it is
undeniable that the encroachments and excesses of usurpers are not
averted and corrected by the letter of an absurd law, which destroys
the unity and equilibrium of the state by fear of the abuses of
those who in an evil hour may wish to perpetrate anything, and warp
to their whims the destinies of the people.
When one meditates to fetter the executive, nullifying the authority
which public law assigns to it for the fulfillment of its high
attributes, one legislates against the good government of society:
for in place of harmony one seeks conflict, which everywhere
produces shock and violence, because it is not possible that an
energetic and reputable mandatory may pause before senseless
restrictions, when he sees society endangered, threatened at once by
foreign war and by rebellion, anarchy, and by perpetual internal
conspiracies; and finally because it is necessary that the
administrator of the general interests, and supreme representative
of the public power, shall assume, on extraordinary occasion, the
character of preserver (poder Salvador) of
the nation which has confided to him the guardianship of its
destinies, and the essential means to guide them to prosperity.
War was abruptly declared against Salvador by the ex-ruler of
Honduras, Don José Maria Medina, who desired insidiously to become
belligerent, that he might injure the
[Page 546]
interests of his adversary, using the
opportunity to conquer by surprise. I saw that I could not convene
the legislative body for previous authorization of my action in the
contest, on account of the speed with which events were culminating,
and I assumed the grave responsibility to accept that war,
prescinding that which the constitution ordained for such cases.
Happily victorious the arms of our country on the soil of Honduras, I
returned here, certain that the decided action of this valiant
people would soon effectively conquer the liberty of our brothers,
the Honduraneans, exorcising at once a danger to ourselves, and for
the peace of Central America.
Thus it has happened, and I await tranquilly the impartial judgment
of my fellow-citizens, who will appreciate my conduct as a
republican ruler.
If I was unable to adhere strictly to the fundamental law of the
country, in the dangerous emergency of which I have spoken, I have
rescued things very dear, which may not always be guaranteed by the
prescriptions of any written code. These objects, well may you know
them, fellow-countrymen, are the honor of the Salvadorenean people,
the glory of their arms, the safety of the state, the charter of
liberty.
But before the consummation of that work which is the constant
aspiration of my heart, the contrary elements, ever contending
against the authority which I exercise, burst forth to augment the
difficulties with which he contends who has the honorable obligation
of promoting the prosperity and progress of the people, of that
generous and laborious people, which ever is swift to espouse every
just cause, giving its efficient support to its disinterested
representatives.
In the presence of so many disloyal efforts towards confusion, I
could only resolve to advance with energy and promptitude, without
awaiting the ordinary procedures and slow process of the usual
tribunals for the maintenance of the general order of the nation,
indispensable as the base of individual rights, agriculture,
commerce, and the industry of this people, so full of vitality as of
legitimate hopes of progress and increase.
I have restored that order, and those hopes shall not be mocked, for
God protects the nations who distinguish themselves by their
humanitarian tendencies, by their love of labor, and by their
conduct even under the terrible sway of war or revolution.
Compatriots, the voice of the national sovereignty, with clear tones,
has declared itself, notwithstanding that the constitution of ’71
wished to restrain it, ignoring the irresistible power of the
sovereign. This has interpreted very well what suits it for the
regular course of public affairs, and asks the reform of that
constitution, a fact which must not alienate thoughtful men, if they
compare dispassionately the experiments and frequent modifications
that countries very old and advanced have made in their legislation
to perfect it, following the counsels of experience and the
inspirations of reason.
With such foundation the cabinet has declared the decree which the
Official Bulletin registers, calling the people of the republic to
elect representatives to a national congress which shall make to our
political code the reforms demanded by public opinion, and who will
resolve all those subjects of vital importance which the executive
desires to submit to the supreme judgment of that high body.
As it is easy to comprehend, I have not desired to exercise
discretionally a vast amount of power, for the pleasure of having it
in my hands; I have desired to preserve the public tranquillity, and
to press forward the generous propositions of the revolution of
April, at the head of which I did not place myself to abandon it,
emasculated or destroyed through vacillation or pusillanimity.
Of all which I have done for this national work, so dear and so
satisfactory to me, I wish to render prompt account to the
representatives of the people, because 1 rather aspire to the modest
title of the responsible mandatory of a republic than to the many
which may flatter human pride.
Salvadoreneans, the electionary decree which I have promulgated
consults the most liberal conditions for eligibility which until now
have ever appeared in a document of that kind in all Central
America. There is consigned my sincere aspirations for Central
America, if I may so express myself, and even more, the desire which
I nurture to open the doors of liberty to all the men who merit
asylum and confidence in this hospitable country.
Interpret with benevolence, compatriots, the sentiments which animate
him who is ever disposed to sacrifice himself for your good, and who
has the honor to be the ruler and the friend of a free people.
SANTIAGO GONZALEZ.
San
Salvador, August 23,
1872.
