No. 450.
Mr. Foster
to Mr. Fish.
Mexico, September 23, 1875. (Received Oct. 12.)
Sir: In my dispatch No. 298 I referred to the differences which had arisen between the federal, judicial, and executive powers of this government.
Since that date they seem rather to have increased and possibly assumed a somewhat acrimonious character. In a case of no greater importance than that involving the rightful possession of the clerkship of a district court, the supreme court and the president have caused official publications to be made, which reveal a great want of harmony and cordiality between these co-ordinate branches of the federal government, and which, unfortunately, has a tendency to increase rather than allay the general feeling of discontent now prevalent in the country.
A secretary or clerk of the district court of Oaxaca having been temporarily assigned to the position of judge of the same court, the President appointed a new secretary of the court. Upon a new judge being appointed, the former secretary claimed the right to return to the office of secretary, and this right not being recognized by the judge, or actual incumbent of the secretaryship, the former appealed to the supreme court, which decided him the legal secretary, of which decision the President was informed through the department of justice. The judge of the district court failed to enforce the decision, and the department of justice responded that the former secretary, by exercising the functions of judge, had tacitly or impliedly resigned the office of secretary, and that the new appointment of a secretary was regular and legal. Whereupon the supreme court prepared and published a lengthy statement of the case, concluding with the following paragraphs:
- 8th.
- That a matter adjudicated merits the greatest respect in all parts of the civilized world, because it is a reality; and for this reason an eminent statesman has said: “The lost nations, upon losing all hope in everything, are accustomed to resort to these [Page 951] pernicious ends, that the condemned maybe restored in integrum; that the imprisoned may be set free; that exiles may return to their country, and that matters adjudicated may be rescinded. And that when these things take place all understand that the republic is ruined, and no one believes that there remains any hope of salvation.”
- 9th.
- That the supreme court of justice, in the present case, has no other medium of enforcing its decision of the 28th of last July than the moral authority with which it is vested by the constitution, which authority is not recognized by the executive power; because it would be an act of insanity to ask the President of the republic for the aid of force to be used against the same President to compel him to comply with a supreme decision of federal justice.
- In virtue of these considerations, the court declares that it yields to superior force, leaving unexecuted its supreme decision of the 28th of July, 1875, winch declared existing the appointment of proprietary secretary of the district court of Oaxaca, made in the person of the citizen Rodolfo Sandoval on the 2d of May, 1872.
To the statement of the supreme court, from which the above is extracted, the president, through the minister of justice, replied in a communication addressed to the court, and which was published in the official journal on the 21st instant. Omitting the greater portion of this reply, I quote the conclusion, as follows:
The foregoing explanations exclude all ground for the affirmation of your supreme tribunal that the decisions of this department are contradictory, and that the secretary of a district court has been deprived of his appointment; for, far from being so, all that has been decided upon by this department is in every respect legal and reasonable.
What has been stated appears sufficient to fix with exactness the facts relative to the matter under discussion, since it is immaterial to take into consideration the other incidents and quotations from authors which your supreme tribunal recorded in your note, as they are altogether irrelevant in the settlement of a matter of this nature.
Which, by direction of the citizen President, I have the honor to say to you in the respectful terms which I consider due in the intercourse between public powers.
At the general election which was held in July last four new members of the supreme court were chosen to fill vacancies now existing in that tribunal. These members will take their seats at an early day and as they are understood to be friends of the administration, it is probable their presence in the court may prevent further disagreement between the two departments of the government.
I am, &c.,