No. 215.
Mr. Foster
to Mr. Fish.
Legation of
the United States,
Mexico, December 30, 1876.
(Received January 16.)
No. 481.]Sir: At the date of my last dispatch on current
events, the army of General Diaz was marching against the Iglesias forces in
the direction of Querétaro. The campaign thus far has been a continued and
uniform
[Page 391]
success for General Diaz.
The first success was the defection of the advance guard of the Iglesias
forces, which, upon the approach of Diaz’s army, passed over in a body to it
without firing a shot. This was followed by the evacuation of Querétaro and
its occupation by Diaz. About the same time General García de la Cadena, a
revolutionary chief, who had control of the State of Zacatecas, and had a
short time previously recognized Mr. Iglesias as provisional President,
again “pronounced” in favor of Diaz, and transferred that State to his
support. This was soon after followed by the revolt of the garrison of San
Luis Potosi, which had also recognized Mr. Iglesias after the fall of Mr.
Lerdo, and the States of Nuevo, Leon, Coahuila, and Tamaulipas are reported
to have followed the example of the adjoining States. General Diaz is
advancing from Querétaro, having occupied Celaya, and is now said to be in
the vicinity of Guanajuato. En route he has reported the accession to his
army of a number of detachments of the Iglesias troops; so that by all these
accessions he has been very much strengthened, and Iglesias weakened.
Rumors have been in daily circulation of an adjustment between the two rival
claimants of the presidency. It appears that a conference was held between
Diaz and Iglesias ten days ago, but without any success. It is stated that
Mr. Iglesias offered to make certain concessions as to the election of new
federal powers, but General Diaz insisted upon the complete acceptance of
the plan of Tuxtepec, which Mr. Iglesias declined to do, as he was unwilling
to recognize in so unreserved a manner the revolutionary principle and
practice.
The Diaz party now claim that peace will soon be restored, and that, too,
without any bloodshed, as the popular sentiment is so plainly in their
favor, and as the Iglesias army is so greatly reduced as to make resistance
useless.
I have already referred to the fact that when General Diaz left this city to
take command in person of the army he transferred the exercise of the
executive power to his military second in command, Geueral Juan N. Mendez,
who has remained in this capital discharging the functions of provisional
president. He belongs to the Indian race, is a plain “haciendado” (farmer),
without much experience in public affairs, but a person highly respected by
and of great influence among the Indians of the Puebla Mountains, where the
revolution had early and strong support. During his brief administration a
number of important orders and decrees have been issued. In my No. 472, of
the 8th instant, I transmitted a decree of General Diaz nullifying certain
classes of contracts made by the Lerdo government. This decree has been made
to extend to the acts of the Iglesias government also, as will be seen by
the circular, of which I inclose a translation herewith.
General Mendez has issued a decree declaring closed to foreign commerce all
the ports of the republic whose authorities have not recognized the
government of General Diaz, and declaring that all persons making payments
(custom duties) to such authorities will be subject to a second payment. I
transmit a translation of said decree.
I also inclose a decree by which the judicial acts and decisions of the
authorities of the Lerdo government are declared valid, but with numerous
exceptions.
But the most important decree issued by General Mendez, as provisional
president, is the one convoking elections, which embrace the three federal
powers of the republic and of the States. This decree contains some notable
provisions. It excludes from all candidature all persons who in civil or
military grades have done anything to recognize the reelection
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of Mr. Lerdo, who have
participated in what are termed the electoral frauds, or have voted in favor
of the “extraordinary faculties.” These prohibitions will exclude from
office more than three-fourths of the members of the last two congresses and
of the supreme court, and a vast number of civil and military officials in
all parts of the republic, among the most experienced and able of its public
men. The persons elected are required to take an oath to support the
constitution and the plan of Tuxtepec, by which latter provision all
successful candidates must recognize the principle and practice of
revolution as established by General Diaz. These provisions are very
severely criticised by the opposition press, which claims that the odious
electoral system of the Lerdo government, which the Diaz revolution was
inaugurated to destroy, was much less illiberal and exclusive than the
electoral decree just issued.
I inclose copies and translations of the decree and the manifesto by which it
was accompanied.
In my dispatch No. 473 I referred to the partial failure of the revolutionary
loan asked for by the Diaz government. It has abstained from any irregular
exactions or forced loans, as has too often been the case with revolutionary
leaders; but it has levied a general and uniform tax upon all classes of
property of from 6 to 10 per cent, upon profits, which is estimated to be
equivalent to about one-half of 1 per cent, on the value of property. It is
expressly stated in the decree that from the proceeds of this tax will be
reserved the sum required to pay the January installment of the mixed claims
commission. The tax is general in its application to the entire republic,
and is the third extraordinary tax levied during the past twelve months, two
levies of 1 per cent, each having been made by the government of Mr.
Lerdo.
I am, &c.,
[Inclosure 1 in No. 481.]
Order nullifying contracts of the Iglesias
government, as well as those of President Lerdo.
[From The Two Republics, Mexico, Saturday, December 23,
1876.]
circular.
The citizen-general, second in command of the national constitutional
army, provisionally in charge of the executive department of the union,
has been pleased to direct, with the unanimous concurrence of the
council of ministers, that your attention be called, which I now call,
to the dispositions contained in the decrees of August 20 and September
26 last, issued in Oaxaca, which were reproduced in the first number of
the Diario Oficial.
In said decrees, with the foresight natural in a regenerating movement,
which has not had and does not have any object but to save the rights of
the people, as much with relation to individual rights, Constantly
encroached on by the former administration, as with respect to the
common interests of the nation, which were neglected and sacrificed, all
contracts made by Mr. Sebastian Lerdo de Tejada were declared null,
void, and without value and the civil and criminal responsibility of all
individuals who should intervene in any character whatever in said
contracts was established, adding various dispositions that would in a
measure prevent the serious damages that could be done and unfortunately
were done by the said administration.
But said dispositions would be completely eluded, if, confining itself to
the personnel of the administration that has
disappeared, the government should fail to apply them to those persons
who, although putting on new garments, are the same responsible persons,
the same agents and functionaries against whom the people are
contending, and of whom they demand reparation for the damages they have
caused and continue to cause.
The same individuals who, during many years of service in high posts, had
not the spirit to demand of the tyrant the rights of Mexicans and
respect for the constitution, think the time has now arrived for a
change of colors, and hold themselves up to the
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nation as the representatives and depositaries of
the law, which, in the times of trial, did not merit from them the most
insignificant effort or sacrifice.
In order to avoid a falsification, so illy concealed, which would
postpone for a long time the satisfaction demanded by the people, the
executive of the union directs that the dispositions contained in the
decrees mentioned in the beginning of this circular be applied to the
agents of the shadow of a government that was improvised for a few days
in the city of Guanajuato, without any exception whatever of persons, as
all of them are continuing the work of the downfallen tyrant, and by act
are demonstrating that their principal object is to thwart the
regeneration of the republic that could have been and should have been
considered as assured after the triumph of the armed people in many
combats over their gratuitous and implacable enemies.
Which I have the honor to communicate to you, in order that it may be
applied and duly complied with.
Liberty in the constitution.
Mexico, December 15, 1876.
BENITEZ.
[Inclosure 2 in No. 481.]
Decree concerning closing of ports not recognizing
President Diaz, and the payment of customs, &c.,
thereat
a decree.
Gen. Juan N. Mendez, second in command of the national constitutional
army, to the inhabitants of the republic makes known:
That in use of the ample faculties conceded to the executive of the
nation by the “plan” of Tuxtepec, amended in Palo Blanco, it being
necessary to put in practice all the measures that may contribute to the
pacification of the republic, I have decreed the following:
- Article 1. All the ports of the
republic, whose authorities have not recognized the supreme
government established in the capital of the republic, are
closed to the commerce of the high seas and to coasting
trade.
- Art. 2. Those persons who may pay
any amount pertaining to the federal treasury to employés or
functionaries who have not recognized the supreme government,
are subject to a second payment, which payment can only be made
in offices and to employés who have expressly adhered to the
movement regenerating the republic.
- Art. 3. The employés and authorities
spoken of in this decree will be held personally and pecuniarily
responsible for the application of the funds they may receive or
distribute without express authority from the government of this
capital.
Which I command to be printed, published, circulated, and duly complied
with.
National Palace of Mexico, December 12, 1876.
JUAN N. MENDEZ.
[Inclosure 3 in No. 481.]
Decree declaring the validity of the judicial acts
of the Lerdo government, with certain exceptions.
A DECREE.
Department of Justice and Public
Instruction.—Section 1.
To-day I say the following to the first citizen district judge of this
capital:
The citizen general, second in command of the national Constitutional
army, in charge of the supreme executive power, having in view your
note, in which you advise that proper measures be decided upon in regard
to the validity or invalidity of the judicial acts of the administration
of Sebastian Lerdo de Tejada, and concerning what shall be done with the
orders issued by authorities, whose removal has not yet been expressly
and especially agreed upon by this department; having also in view the
plan of Tuxtepec as reformed at Palo Blanco, and particularly the third
article, which repudiates the congress elected in July, 1875, and which
does not recognize any authority whatever in the functionaries and
employés of said administration, as well as the decision arrived at in
respect to this matter by the citizen General Porfirio Diaz in a meeting
of ministers; the principles of the science and the precedents of our
public law, the highly beneficial designs to society, and lastly the
grave and delicate interests, as well of private individuals as of the
nation., which are identified with the acts and business of the judicial
branch, and which, for the same reason, have always merited particular
care on the part of the legislator, he has been pleased to dictate the
following measures:
- First. All judicial acts of the administration of Sebastian
Lerdo de Tejada are
[Page 394]
declared valid, and as such shall produce the effects which they
would have in conformity with the law.
- Second. Those acts are excepted which may have been in
manifest opposition to the plan of Tuxtepec as reformed at Palo
Blanco, as well as those founded upon laws issued by the
congress of 1875 and. 1876. Both are to be considered null and
without legal value whatever, and shall be declared thus in the
respective proceedings by the competent judge, upon the petition
of parties in civil suits, and officially in criminal
cases.
- Third. The sentences denying amparo,
which are based upon, the extraordinary faculties conceded to
the said administration, are especially declared null, as well
as the attachments and impositions of fines decreed in virtue of
the said faculties.
- Fourth. The proceedings instituted against citizens who served
in the regenerating army are also null, if they were instituted
on this account, or if the charge made against the defendants
should be that of having lent services to the revolution or of
having sustained the saving principles of the latter, or of
assisting in any manner in establishing its security and
stability.
- Fifth. In the foregoing cases the judges who in the first
instance may or shall have knowledge of the existence of these
facts will officially put the accused at liberty, the sentence
which shall in fact be pronounced remaining subject to the
revision of the next superior court under its responsibility,
and this revision will also take place in regard to the judicial
proceedings spoken of in the second section.
- Sixth. If, in the proceedings treated of by the foregoing,
sufficient evidence should appear for presuming the accused to
be guilty of a crime of the common or federal order, but which
may not be of those known as political, the proceedings
instituted will continue until the end, but only for the crime
of that nature, with absolute subjection in all respects to the
laws in force, all other charges being dismissed.
- Seventh. The orders issued by illegitimate authorities who may
not yet have been removed should be carried out with the
promptness and efficacy which the law requires in all cases
where the treasury is interested, or which affect the prompt
administration of justice, and in those cases which conform to
precedents, the court observing in regard to such cases the
preceding sections in so far as they are applicable.
- Eighth. The prosecution of the proceedings above recommended
by the presiding judges does not amount to the definite
recognition of the jurisdiction which they may claim, it being
in all cases subject to the removal which may afterward be
determined of the personnel of the courts
and tribunals, such prosecution having at the present time force
and vigor as that emanating from the law by, virtue of an
appointment made by the legally constituted authority, which I
state to you in answer to your said note for your information
and exact fulfillment.
Liberty in the constitution.
Mexico, December 14,
1876.
IGNACIO RAMIREZ.
To the First Citizen District Judge of this
Capital, present.
And I transmit it to you for the corresponding effects.
Liberty in the constitution.
Mexico, December 14,
1876.
IGNACIO RAMIREZ.
