Office of the Historian

No. 384.
Mr. Morgan to Mr. Frelinghuysen.

Legation of the United States,
Mexico, October 10, 1882. (Received October 27.)
No. 513.]

Sir: As you are aware, the constitution of Mexico provided that, in case of a vacancy occurring in the office of President of the Republic, the vacancy was to be filled, until another President should be elected, by the chief justice of the federal supreme court.

The constitution has been recently amended in this regard, the amendment having been published for the first time in the Diario Oficial of the 7th instant. I transmit it to you herewith, together with a translation thereof.

By this amendment it is provided that the Senate, as well as the permanent commission of Congress, shall, on the last day of each month, elect a president and vce president of their respective bodies, who shall not be eligible to re-election until one year shall have elapsed from the expiration of the month for which they were primarily elected. None but native-born Mexican citizens are eligible to the presidency or vice-presidency of either of the before-mentioned bodies.

In case of death or inability, permanent or transitory, of the President-elect, or during the term of office for which he was elected, the president, or, in his default, the vice-president, of the Senate or of the permanent commission for the month preceding the death or inability of the President, shall act as President until a new election is held or the disability is removed.

In case of the death of the President or of his absolute inability to act, a new election is to be ordered, to take place within sixty days from the accession of the party designated to take his place, such party not being eligible to be elected President.

I am, &c.,

P. H. MORGAN.
[Page 618]
[Inclosure in No. 513.—Translation.]

Extract from Diario Oficial of October 7, 1882.

Section First.

The President of the Republic has seen proper to address to me the following decree:

Manuel Gonzalez, constitutional President of the United Mexican States, to its inhabitants, makes known that the Congress of the Union has seen proper to decree as follows:

The Congress of the United Mexican States, in the exercise of the authority conferred upon it by article 127 of the federal constitution, and with the previous approbation of a majority of the legislatures of the States, declares that articles 79, 80, and 82 of the constitution are amended as follows:

  • Art. 79. In case of the temporary or absolute inability of the newly elected President to qualify, the citizen who has discharged the duties of president or vice-president of the Senate or of the permanent commission thereof during the recess thereof during the month preceding the one in which the inability occured shall discharge the duties of the executive power of the Union.
    (a)
    The president and vice-president of the Senate and of the permanent commission cannot be re-elected to these posts until after the expiration of one year from the period of their having ceased to discharge the duties thereof.
    (b)
    If the period for the session of the senate or permanent commission commences in the second fifteen days of a month, the inability of the President shall be supplied by the president or vice-president who presided over the Senate or permanent commission during the first fifteen days of the month in which the inability occurred.
    (c)
    The Senate and permanent commission shall, on the last day of each and every month, re-elect their president and vice-president. For these positions the permanent commission shall elect, alternately, for one month, two deputies, and for the following, two senators.
    (d)
    When the inability of the President of the Republic is absolute, the officer who, under the provisions of the constitution, replaces him, shall, within the fixed delay of fifteen days, order a new election, which shall take place in three months, and in accordance with the provisions of article 76 of this constitution. The President ad interim cannot, in this election, be elected to fill the vacancy.
    (e)
    If, in case of death, or from any other cause, the party substituted for the President of the Republic by this amendment cannot discharge the duties which have devolved upon him, these duties shall be performed by the citizen who acted as president or vice-president of the Senate or of the permanent commission during the-month anterior to the one in which he maybe called upon to discharge the duties of the office.
    (f)
    In case the absolute inability of the President of the Republic should occur within six months of the expiration of the constitutional term for which he was-elected, the person elected to succeed him shall finish the term.
    (g)
    To be eligible to the position of president or vice-president of the Senate or of the permanent commission, it is necessary that the person shall be a native-born Mexican citizen.
    (h)
    In case the inability of the President occurs at a time when the permanent commission and the Senate are convened in extraordinary session, the president of the permanent commission shall take his place under the provisions of this article.
    (i)
    The vice-president of the Senate or of the permanent commission shall enter upon the discharge of the duties imposed upon him by this article in case of the absolute inability of the president of the Senate or of the permanent commission; and should this inability be temporary only, then during the time only when the inability continues.
    (j)
    The newly-elected President shall enter upon the discharge of his duties sixty days, at the latest, after his election. Should the Chamber of Deputies not be in session, it shall be convened in extra session to count the votes, within the delay above-specified.
  • Art. 80. In case of the absolute inability of the President, the term of office of the newly-elected President shall be computed to have commenced on the 1st of December of the year previous to his election, provided he has not taken possession of his office under the provisions of article 78.
  • Art. 82. If, from any cause, the election for President has not taken place and been published on the 1st of December, when the substitute should qualify, or the person elected should not be ready to enter upon the discharge of his duties, the term of the [Page 619] former incumbent shall cease, and the supreme executive power shall be vested in the party designated by article 79, as amended, of this constitution.

transitory article.

The foregoing amendments shall be published and proclaimed throughout the Republic.

  • DUBLAN,
    Deputy from the State of Oaxaca, President.
  • M. ROMERO RUBIO,
    Senator from the State of Tobasco, President.
  • CARLOS RIVAS,
    Deputy for Jalisco, Vice-President.
  • RAFAEL CRAVIATO,
    Senator from the State of Puebla, Vice-President