No. 437.
Mr. Foster
to Mr. Fish.
Legation of
the United States,
Mexico, May 25, 1875.
(Received June 7.)
No. 293.]
Sir: In my recent dispatches upon tire political
situation, I have referred to the existence of guerrilla bands in different
States of the republic, the disturbed condition of the country, and the
general feeling of uncertainty and insecurity prevailing. I have, however,
had faith in the ability of the government, through the ordinary operations
of the national army and the State guards, which latter were quite numerous
and regularly organized, to put down all serious attempts at revolution, and
within a reasonable time to exterminate the bandits. But a much more grave
aspect was placed upon the situation by the application, on
[Page 922]
the 18th instant, of the executive to Congress
to revive the laws in force during the general revolution of 1871–’72,
conferring upon the President “extraordinary faculties” in finance and war,
and suspending some of the constitutional personal guarantees. This is a
species of legislation quite common in the Mexican system of government, but
is never resorted to except in the face of an alarming revolution, or at
least under the pretext of great danger to the nation. Its objectionable
features, in a republican point of view, are that it suspends the
legislative power, and makes the executive a dictator to the extent of the
powers granted. As the administration of Mr. Lerdo had thus far been marked
with a greater degree of peace and order, and a greater regard for the
constitution, the laws, and the normal methods of government than any
previous administration in the history of the country, it was hoped that the
republic had emancipated itself from the revolutionary and disorganizing
spirit, and that a return to the exercise of “extraordinary faculties” by
the executive would be unnecessary.
This application of the executive to Congress seems to show that my
representations of the political situation of the country have not been too
serious. I inclose herewith an official copy and translation of the
“initiative” of the minister of the interior, proposing the revival of the
laws referred to, and giving the reasons of the executive for making the
application. It has already been favorably reported by the committee to
which it was referred, and no doubt is entertained of its passage by
Congress before its adjournment on the 31st instant.
The anti administration newspapers, both liberal and Catholic, are opposed to
the revival of the laws. They allege that the state of the country does not
warrant such measures; that the President has contended that there were no
fears of revolution, and that the Diario Oficial, the government organ, is
constantly publishing telegrams announcing the defeat and dispersion of the
guerrillas. They charge that the real object of the President, in asking the
“extraordinary faculties,” is to secure the election of a new Congress in
July next favorable to his administration, thus preparing for his
re-election in 187G, and to punish certain public men who are obnoxious to
him. As indicating the spirit of the opposition, I inclose an extract and
translation from the Monitor. As an answer to these charges, especially in
so far as they relate to the exercise of constraint upon the coming
elections, I inclose an editorial article and translation from the Diario
Oficial.
I am, &c.,
[Inclosure 1 in No.
293.—Translation.]
Initiative of the executive asking extraordinary
faculties in finance and tear, declaring in force the laws of
the 2d of December, 1871, and the 17th of May,
1872.
Department of the Interior, (Gobernacion,)
Mexico, May 17,
1875.
[From the “Diario Oficial” May 22,
1875.]
To the Citizen Deputy Secretaries of
the Congress of the Union:
The citizen governor of the State of Michoacan, under date of the 30fch
of April last, transcribed to the department in my charge the
resolutions of which copies are inclosed, in which the honorable
legislature of said State, on account of the gravity of the situation
and the difficulties which surround the government at every step in
following
[Page 923]
up the hands
organized under religious pretexts, judges it necessary that the Citizen
President of the Republic propose to the Congress of the union the
suspension of the guarantees to which the law of the 17th of January,
1870, refers. Although this communication was duly received, no
resolution had been given to it, because, although the violation of the
peace and the uprising against the constituted authorities and the
institutions which rule us were notorious, and order was disturbed not
only in Michoacan, but in the States of Queretaro, Guanajuato, and
Jalisco, the President wished to await the result of the continued
pursuit which was being made of the reactionary bands, in order to see
if it was possible not to ask of Congress the suspension of any
guarantees and the authorization proper for the re-establishment of
peace and order unfortunately disturbed in these States; but yet, by the
kind of warfare which the bands carry on, formed by the ruggedness of
the country, not being easy to overtake them, neither to have decisive
combats, the people continue to suffer all the evils which this war of
vandalism creates, and the government, under obligation to preserve the
guarantees for which the constitution provides, has not been able to
have all the liberty of action which it needs for the prosecution of the
results which should be accomplished. Compelled in this way by the
imperious law of necessity, by advice of the council of ministers it has
resolved to solicit the chamber to declare in force the laws of the 2d
of December, 1871, which conceded to the executive extraordinary
faculties in finance and war, and suspended some of the individual
guarantees, with the modifications of the law of the 17th of May,
1872.
The revival of these two laws is asked, because the executive considers
them sufficient for the object, in place of that of the 17th of January,
1870, indicated by the legislature of Michoacan, which concedes greater
amplitude of faculties and enlarges more the suspension of guarantees.
In presenting this initiative, I ought to state in the name of the
government that the revolution which is waged by the leaders who invoke
it, it is hoped may not be seconded by reasonable and intelligent
citizens, who love the institutions and principles of liberty and
progress, which the nation has secured at the cost of so many
sacrifices; but as, under a political pretext, every individual right is
violated, the ruin of the material elements of prosperity is produced,
commerce is paralyzed, and the discredit of the republic is occasioned,
the duty of the government is not only to combat sedition where it is
sustained with arms in hand, but to prevent its spread in the rest of
the republic. The President would desire to make the least possible use
of the authorizations which he solicits, striving that the people should
not feel them more heavily than is absolutely inevitable. Thus he has
formerly acted in similar cases, and if these authorizations should be
conceded, he will employ them no further than for the exclusive object
of re-establishing and assuring the public peace. While Congress should
be in session, the government had not thought it necessary to ask the
authorizations which this initiative contains, because the chamber could
provide for the difficulties which might arise, but it being near to the
last period of its sessions, on account of which the majority of the
citizen deputies will return to their States, its re-assembling would be
difficult, even if it should be convoked in extraordinary session. In
order, therefore, that the executive may be able to face the situation,
it has found itself under the necessity of asking the said
authorizations, and it hopes that the chamber will see proper to grant
them to guarantee our institutions and put an end to the civil war,
which causes so many evils to the republic. In virtue thereof, by
direction of the President, with the advice of the council of ministers,
I have the honor to submit to the Congress of the union the
following:
Project of law: Only article. There is declared in force, until one month
after the next meeting of Congress, the law of the 2d of December, 1871,
which granted to the executive extraordinary faculties in finance and
war, and suspended certain individual guarantees, with the modifications
of the law of the 17th of May, 1872.
(Here follow the laws cited and the resolutions of the legislature of the
State of Michoacan.)
Independence and liberty.
CAYETANO GOMEZ y PEREZ,
Chief Clerk.
[Inclosure 2 in No.
293.—Translation.]
president lerdo contradicting
himself.
[From the “Monitor
Republicano,” Mexico, May 21,
1875.]
When the President of the republic pronounced his discourse before the
chamber, he said that the bandits were almost annihilated, and that
there was no fear of revolution. The Diario publishes with frequency the
telegrams of the defeats which the
[Page 924]
robbers suffer, and nevertheless the executive
solicits of Congress extraordinary faculties. For what does he wish
them? The executive has confessed that revolution inspires no fears.
Now, what it wishes is to make the election of deputies and senators at
its will, to prepare the re-election of the President, and to arrange
the English debt. When, in 1871, the government of Mr. Juarez asked for
extraordinary faculties, entire States had pronounced, with their
governors at their head; there were symptoms of revolution against the
authority in all parts, and there were more than 5,000 armed men in
insurrection against the government; and, nevertheless, we were not in
favor of conceding to it the faculties, because they would only serve to
practice extortion upon the people. The Lerdistas of the chamber then
thought as we did, and perhaps their chief was of the same opinion. Why,
now, so great a change? It is not explained, then, that there is no
occasion to grant these faculties. Extraordinary faculties signify the
violation of the sovereignty of the States, declaring them in a state of
siege; the violation of popular suffrage by means of brute force; the
violation of the legislative power, depriving it of its functions; and,
in fact, monstrosities without name, because with these faculties the
executive can tear down every kind of liberties. The suspension of
guarantees, which is a consequence of the faculties, is equivalent to
levies, to kidnapping, so much the more reprehensible as the authorities
commit them and not the robbers. Let the deputies form in their
imagination a picture of the miseries which the country will present if
these faculties are conceded, and, afterward, with their hands upon
their hearts, if they are honest men, let them vote as their consciences
dictate.
[Inclosure 3 in No.
293.—Translation.]
EXTRAORDINARY FACULTIES ASKED.
[From the “Diario
Oficial,” Mexico, May 20,
1875.]
The Trait d’Union of to-day, after expressing some considerations
relative to the extraordinary faculties which the government has asked,
says, among other things, the following: “If, as we wish to believe, the
government has asked these faculties in order to re-establish peace in
the districts in which it has been disturbed, and in order to put an end
to the excesses of the insurrectionary bandits, public opinion will only
have to congratulate itself upon the energetic measures which may be
taken with that object; but if, as some appear to fear, the executive
makes use of these faculties in order to exercise constraint upon
popular suffrage, on the eve of the elections, we would be the first to
lament the concession of these faculties, both for the prestige of the
government, as well as for the good name of republican institutions.”
The first part of the expressions of the French colleague are entirely
correct, and it has precisely comprehended the idea of the government,
which has been nothing else, in asking extraordinary faculties, than
that of removing such obstacles as may be presented, in the strictly
constitutional sphere, in order to hasten as soon as possible the
re-establishment of peace in the districts in which it is at present
disturbed. In regard to the fears, which some manifest, in the direction
which the Trait d’Union indicates, our colleague knows the natural
propensity of political passions to depreciate all the acts of an
administration. Free suffrage has no concern with the extraordinary
faculties if these are conceded by the national representation.
