^/^■37 ZKIOO MPORTANT OFFICIAL DOCUMENTS. TERM OF OFFICE OF PRESIDENT JUAREZ. EXTEAOKDINARY POWERS CONFERRED BY CONGRESS... / UNEXAMPLED VOTES OF CONFIDENCE. FOUR SUCCESSIVE SESSIONS OF CONGRESS ENDORSE THE PRESIDENT. In the first election under the Constitution of 1857, Benito Juarez was elected President of the Supreme Court of Justice of M'exico and became, by virtue of tliat office, Vice Presi- dent of the Republic In January, 1858, a 'military rebellion, instigated by the Church party, broke out in t!ie city ©f Mexico and drove the Constitutional authorities from the capital. Comonfort, the neM'lj elected Constitutional President, fied trom the country. Under the Constitution, in the absence or iri default of President, that office devolved upon the Vice President, Benito Juarez. He proved to be a fdithful and an able man. Proceeding to the city of Queretaro he immediately issued a proclamation reorganizing the government, and commenced to raise forces to put down the rebellion and re- establish the supremacy of the Constitution and the Laws. It was an arduous and seemed to many a hopeless task. Almost without means, with all the iniuence of tlie Church and the Army against iiim, he had to fall back and establish tlie '^ seat of government, successively, at Gn an ajn at o, Guadalajara, and iir)all_y at Vera Cruz, Tiiere on the Qih of April, 1850, while the capital M-as still in the hands of the rebels, he was acknowledged by the United States as the lawful ruler of Mex- ico, and diplomatic relations were established with him, which have continued unbroken to the present time. "Well did the very first acts of President Juarez justify the confidence which induced his recognition. Embarrassed as he was by the rebellion, he neglected not the cause of Consti- tutional Liberty, In July, 1859, at Yera Cruz, he'promul- gated what are known as the "Laws of Keforn)," which secure religious Jjiberty, establitrh independence between Church and State, legalize civil marriage, declare the immense real estate of the Clergy to be national property, and direct its sale, and also suppress conventual establishments throughout the land. Three years of stubborn struggle and persistent effort fol- lowed. Th6 power of a trained Army and the wealth of a Clergy fighting for their ten)poral possessions on one side ; the industrious masses, poor but determined, and having un- bounded faith in their leader, on the other. After a long succession of varied fortune the bloody battle of San Miguel Calpulalpan, ir) which, on the 22d of December, 1860, half of the army of the rebellion was captured, together with forty pieces of artillery and all their munitions of war, sealed the triumph of the constitutional cause, and on the llth of Jan- uary, 1861, President Juarez and the constitutional authorities *e-entered the capital whence they had been driven just three years before. On the same day President Juarez issued a proclamation calling an election of members of Congress and of Presidential electors, in accordance with the provisions of the Constitution. At that titiie there was not a foreign soldier on the Mexican soil ; throughout the whole country the rebellion had termi- nated and tranquillity prevailed ; everything favored a free and unbiased election. The election was held and the result was the c^>oice, by an overwhelming majority, on June 11, 1801, of Benito Juarez as President of the Republic for the ensuing term. One of the people, sprung from the ranks of the people and of the native Mexican race ; the proven pa- triot, the public servant of thirty years trial, and now the eaviour of the Constitution, no other choice was possible. Since then, foreign intervention — that last resort of defeated faction — has supervened ; and ail the world knows how Ben- ito Juarez, for raoi^ than four years past, has held aloft the flag of the Republic, and with what constancy, perseverance and devoted patriotism he has maintained the cause of Con- stitutional Liberty and of the independence of his native land. Durin^this period no elections could be held, and the re- newed choice of President, at the expiration of the constitu- tional period, has necessarily had to be postponed until the expulsion of the foreign invaders shall permit a free election to be held. It is under these circumstances that, by virtue of the au- thority conferred by the following laws, the term of President Juarez has been extended- D"KCREES OF CONGRESS, GRANTING EXTRAOK- DINARY POWERS. (••YNOP^^lS OV DOCUMKNT8. 1. LaM' of Congress of December 11, 1861. First grant of powers. F^^e ^. 2. Explanarorj speech of President of CongreBS at close of the session. Page 6. 3. ExplauHtory article adopted in secret sessio^v of Con^resa reg:ardii»g tre.'Uies. Page 7. 4. Law of CongreBS of 7th of Jnne, 18f31, referred to in lavr of December 11, 1861. Page 7- 5. Artiele3 of the Con&titntion authorizing Congress to con- fer extraordinary powers. Page 1.0. f). Law of Congress of May £>, 18(32, containing the second grant of powers. Page 11. T. Law of Congress of October 27, lJ^6'2, containing ther third grant of powers. Page 12. S. Law of (Congress of May 27, 18(>t5, containing the foiirtl| and last grant of powers, Congress having since l>een prevented from meeting by the war. Page 13. 9. Decree of President Juarez extending his term of oifice, the war with Fratjce liaviug prevented an election being held at the regular period, F*age 14, LAW OV DBCEMBEiC 11, 1861. Depaktment oe Government. Tke Citkcu Constitutional President of tlie Ilepublic has been pleased to address to me the fullowiug Decree : Benito Juarez, Constitutional President of the United Mex- ican States, to the inhaldtants of the same nniaketh known : That ihe Congress of tiie Union has tliought proper to decree the following : — AiiTioLE 1. The law of tiie Tth of June of the present year which suspended certain of the guarantees stipulated in the Constitution, is lierebj declared to be in force, and the pro- visi(His of the sauic are hereby extended si' as to include the suspension also of the guarantees coutained in articles 11 and 27, in their lirst part. Art. 15. The Executiv^e is hereby fully authorized and em- powered to take such steps and adopt such useasures as in his judgment may be necessary under the existing circum- stances, without other restrictioas than that of saving the in- dependence and integrity of the national territory, the form of government established by the constitution and tlie prin- ciples and laws of reform. Art. 3. This suspension of guarantees, and ttie authoriza- tion conceded to the Executive by the present law, shall con- tinue uijtil thirty days after the next meeting of Congress, to whom account shall be given of the use that may have been made of these powers. Dated in the Hall of Sessions of the Congress of the Union in Mexico, December 11, 1861. VICENTE PJYA PALACIO, Presidetit of Congress. Juan M. Guzman, M. M. Ovando, Secretaries, Wherefore I order that it be printed, published, circulated and observed. National Palace of Mexico, Dec. 11, 1861. BENITO JUAREZ. To the Citizen Fkancisco J. Yillalobos, Chief Clerk in chaige of the Department of Government. 6 And I communicate the same to you for your intelligence and the consequent ends. Liberty and reform : — Mexico, Dec. 11, 1861. FRANCISCO J. VILLALOBOS. To the Citizen Governor of the Federal District. Extract from the speech of the President of Congiess at the close of the sessions of that body, on the 15th of December, 1861, after conferring the foregoing extraordinary powers upon the Executive : — "By a decree, Congress, before closing its sessions, has au- thorized the Executive, in the most ample manner, to dictate all measures that he may deem necessary, under the present circumstances, to confront the situation, saving only the na- tional independence and integrity of territory, and the prin- ciples of the Constitution and of the Reform. By this, the greatest proof of confidence that a legislative assembly of the country has ever given to the depository of the executive power, Congress confides to this power the salvation of the Republic, because it is convinced that in moments so supreme energy and efficiency depend almost always upon unity of action ; and this idea is found also in our fundamental code in the part which authorizes Congress to concede to the Ex- ecutive extraordinary powers. Incalculable is the weight ■which will rest upon the shoulders of the Executive. Terrible is the responsibility which from this day forward he is about to assume upon himself alone ; but also immense are the re- sources which are placed at his control, and unlimited the faculties which have been given him, The sole consideration of the necessity of saving the country decided Congress to take this step. Upon the Executive it now depends, and upon no other, to save the republic or precipitate it in the abyss. The National Assembly suspends to-day its legislativ'e labors; but it will remain always on the watch as the sentinel of the public liberties, and ready to return to meet again at the moment when its presence shall be in any manner necessary for the good of the country. It will then receive from the Executive an account of this power which to-day it delivers into his hands with so blind a confidence. If the foreiorn question is not settled pacifically ; if a scene of war is to be spread out over our country, we will enter into the combat,; and the justice of our cause and the love of our country, will present more or less near, but always certain and beau- titul, a future for Mexico. God guard the republic." The following is an explanatory article adopted in secret session of Congress, on the 13tli of December as appears by proceedings afterwards published by order of Congress. "Account was given of a communication from the Depart- ment of Foreign Relations, accompanying an initiative that it might be declared precisely whether in the faculties con- ceded to the Executive by the law of the llth instant, was that of concluding treaties w'ith foreign governments and placing ihem in force. It was ordered to be passed to the committee which had already reported on the subject. The rules were dispensed with and the following article was adopted by a vote of 60 against 41, viz : Article 1. In consequence and resulting from the discus- sion and adoption of article two of the law of the llth iust., the government is authorised to conclude treaties and conven- tions and to place the same in course of execution, without the necessity of the approbation of Congress." Law of Congress of 7th June, 1861, referred to in the law of December 11, 1861:— Department of Foreign Relations ) AND of Government. f His Excellency, the President ad interim of the Republic, has been pleased to address to me the following decree : — The citizen Benito Juarez, Constitutional President ad in- terim of the United Mexican States, to the inhabitants of the saiiio luaketii known: That the sovereign Ocmgress of the {Jiiion has thought proper to decree the iolhtwing : AuTicLK 1. The lirst part of article tive, section tirst, title one of the Constitution shall remain in these tern»s : — In case of national public interest, every incHvidnal may be obliged to lend personal service, a just ren^uneration always being rendered. Art. '2. The guarantee conceded by article seven of the *iame title and section is hereby suspended. 'Ihe liberty of the press shall be subject, for the present, to the law of the 28th December, 1855, in so far as it is not opposed to the laws of Reform ; but with respect to writings which directly or indirectly attack the n>itional independence and institu- tions, public order, or the prestige of the ])nblic authorities, the government may anticipate judicial sentence, imposing upon the authors of such publications, a tine not exceeding one thousand dollars, which shall be exacted from the owner of the press, in case the author is unknown or has not the means to satisfy it. The government may, in place of a pe- cuniary fine, impose that of imprisonment or confinement for six months. The Governors of the States can impose similar penalties ; but, in case of confinement, they shall give account to the general governn enr, that it may designate the place, the offender meanwhile remaining properly secured. The members of the Congress of tiie Union shall be subject the same as other citizens, to ihe prescriptions of this article. Art. 3. For the exercise of the guarantee conceded by article nine, in political aflairs, the permission of the author- ities shall be required. AuT..4. The Governors of the States and of the federal district, and the political chiefs of the Territories shall imme- diately issue regulations with regard to the carrying of arms, and shall designate what are prohibited, and the requisites for the use of those that are permitted — under the understanding that in no case shall this be made the pretext for the imposi- tion of any pecuniary charge. In this sense the guarantee conceded by article ten shall remain restricted. Art. 5. The guarantees referred to in the first part of arti- cle thirteen, that conceded in the second part of article eighteen, and in the first and Becond part of ai'ticle nineteen, are lierehy sns]iended. Art. 6. Tlie tirst part of article 16 is restricted in the-,e terms: — No one may be molested in his person, lionse or possessions, except bj virtne of tJie order of a competent au- thority. Art. 7. The guarantee conceded in article 21, with respect to political offences, is hereby suspended. The general gov- ernment alone in case of political offences, can impose correc- tional penalties not exceeding one year of seclusion, confine- ment or bainshment. These penaltes shall only be applied in cases where the offenders shall not have been submitted to the judicial au'hoi'ity. Akt. 8. From the moment of taking pai't, with arms in hand, in tavorof whatever political opinion, the offence ceases to be merely political, and becomes mei'ged in those of crim- inal law. Akt. 9. The second part of article 26 is hereby limited in these terms : — In time of war, tlie military authorities may exact transportation, quarters and personal service in the terms directed by the ordinances of war. Akt. 10. The suspension of these guarantees sliall continue for the term of six months. Art. 11. The law of the 6th of December, 1856, with refer- ence to conspirators, is hereby declared to have been and to be in force. Dated in the Hall of Sessions of the Congress of the Union in Mexico, the Ttli oi June, 1861. FRANCISCO DE P. CENDEJAS, Fice Prefiident of Congress. E. RoBLES Gil and G. Valle, Stcretiwies. Wherefore, and with the accord of the Council of Minis- ters, I order that it be printed, published, circulated and observed. Dated at the National Palace of Mexico, the 7th of June, 1861. BENITO JUAREZ. 10 To tlie Citizen Leon Guzman, Minister of Foreign Rela- tions and of Government. And I communicate the same to you for your intelligence and the consequent ends. God and Liberty — Mexico, Jane 7, 1861. GUZMAK To the Citizen Governor of Federal District. The articles of the constitution relating to the suspension of guarantees and the grant of extraordinary powers by Con- gress to the Executive are as follows : (See Constitution of Mexico. Diplomatic Correspondence on Mexican Affairs for 1861, p. 140, title 1, section 1.) Art. 29. In case of invasion, grave disturbance of the pub- lic peace, or whatever cause which may put society in great peril or conflict, solely the President of the Republic, in con- currence with the Council of Ministers, and with the approba- tion of the Congress of the Union, and in the recess of this the permanent deputation, may suspend the guarantees estab- lished by this Constitution, with the exception of those that asfure the life of man ; but such suspension shall be only for limited time, by means of general provisions, and of such a character as not to favor a determined individual purpose. If the suspension takes place dunng the session of Congress, this shall grant such authorization as they shall deem neces- sary to enable the Executive to confront the circumstances. If it shall take place during recess, the permanent deputation shall, without delay, convoke the Congress for its advice and action. Title 3, Section 1, Paragraph 3, Art. T2. 30th. — Congress has the power of making all laws which may be necessary and proper to render effective the foregoing powers, and all others conceded by the Constitution to the powers of the Union. Title 8, Art. 128. — This constitution shall not lose its force and vigor, even if its observance be interrupted by any re- bellion. In case that by means of such an event a govern- 11 ment shall have been established contrary to the principles which it sanctions, immediately upon the people recovering their liberty its observance shall be re-established, and ac- cording to its provisions and the laws which have been framed in virtue of it, shall be judged, as well those who have figured in the government emanating from the rebel- lion, as those who have co-operated with it. law of may 3, 1862. Depaktment of Foreign Relations AND OF Government. Benito Juarez, Constitutional President of the United Mexican States, to the inhabitants of the same maketh known : That the Congress of the Union has thought proper to decree the following : — Article 1. The suspension of guarantees established by the law of 11th December, 1861, is hereby continued. Art. 2. The Executive is again authorized, in the terms prescribed in the said law, with the limitations therein es- tablished, and besides that of not intervening in matters of a judicial order commenced, or that may be pursued, be- tween private individuals. Art. 3. The suspension of guarantees and the authoriza- tion to the Executive spoken of in this law shall continue until the meeting of Congress, on the 16th of September next ; and if then its meeting shall be impossible, by reason of the foreign war, or from the elections not having taken place, they shall continue until the next first meeting of Congress shall take place. Art. 4. In case that the regular elections of members of Congress cannot take place in certain of the districts on the days prescribed by law, the government will take care to designate other periods, in order that the meeting of Con- gress may take place at the earliest possible moment. Art. 5. The Executive will give an account of the use that he may make of the faculties and powers conceded to him by this law within the first fifteen days after the meeting of the national Congress. 12 Dat(!cl ill the liiill of ISestsions of tbe Coiigress ut the Union, Mexico, May 3, 1862. JOSE LIXAllES, Pre^sidetit of Congress. Kkmigio Ibankz, M. M. Ovando, /Secretaries. Wherefore I (trder that it be printed, circuhited and due cotnplitmee he oiven to it. Nati<»nal Palace of ALicxico. Miiy 3, 1S62. BENITO JUAREZ. To tiie Citizen Manuel Dohladu, Minister of Foreii:;n Re- lations find of Government. And I camniunicate the earrie to yon for your knowledge and the conseqnent ende. God and Lil)erty — Mexico, May 3, 18()2. DOBLADO. To the Citizen Goveunok of the Federal District. law of october 27, 1862. Depari'ment of Foreign Relations ) AND OF Government. f The Citizen President of the Repnblic has thought proper to transmit to me the t'o!lo\vitig decree: — The citizen Benito Juarez, Constitutional President of the United Mexican States, to the in]ial)itan»s of the same maketh known : — That the Con- gress of the Union has thought proper to decree the following : Art. 1. The di-^positions contained in articles 1 and 2 of the law of May 3 last, are dechired in full force. Art. 2. The suspension of guarantees and the authoriza- tions conceded t(» the Executive by the present law will last six months; pi'ovided that peace with France is not re-estab- lished before the end of that period. If the war should last more than six months, said suspension and authoiization will last until thirty days after the reasenibling of Congress. Art. 3. The Executive will give an account of what use he has made of these faculties within fifteen days after the au- thorizations have ceased. Art. 4. It is declared that the Executive has do faculty to interfere nor to decide in civil afJairs l)etween private per- 1.^ sotis, or in criminal cases in wbicli offence of private right®. is only involveii. Art. 5. In the powers a^ran ted by this decree is ii<»t included that of contravenin«i in any way the provisions of title four of tlie consiitntion [regarding- the- responsibility of public functionaries.] Given in the Hall of Sessions of the Congress of the Union in Mexico, October 27, 18(52. JOSE GOKZALES ECHERTAIUA. President of Congres.^. Felix Romeko, .roAQurisr M. Alcalbe, Secretaries. Wherefore I order that it be printed, published and car- ried into eifecr. National Palace of M?l\ico, October 27, 1S62. BENITO JUAREZ. To the citizen Juak Antonio de la Fuente, Minister of Foreign Relations and of Government. And I coiTiraunicate the same to yow for your informaticn and the consequent ends. Liberty and Reform — Mexico, October 27, 1862. FUENTE. To the Citizen Governor of the Federal District. law of may 27, 1863. Department of Foreign Rklations ] AND OF Government. j The Citizen President of the Republic has been pleased to address to me the following decree : — Benito Juarez, Consti- tutional President of the United Mexican States, to the in- habitants of the same maketh known ; That the Congress of the Union has been pleased to decree the following: — Akt. 1. The suspension of individaal guarantees, ordained by the law of 27th October, 1862, and the concession of powers, which, by the said law, was made to the Executive, is hereby extended until thirty days after the next meeting of Congress in ordinary session, or before, if the war with 14 France is terminated ; continuing also in force the conditions and restrictions imposed upon the Executive by the aforesaid law. Art. 2. In what relates to treaties, agreements or diplo- matic conventions that the government may conclude, it is understood that it shall not admit any kind of intervention. Dated in the Hall of Sessions, of the Congress of the Union, in Mexico, May 27, 1863. S. LERDO DE TEJADA, President of Congress. Francisco Bustamente, M. M. Ovando, Secretaries. Wherefore I order that it be printed, published and observed. National Palace of Mexico, May 27, 1863. BENITO JUAREZ. To the Citizen Juan Antonio de la Fuente, Minister of Foreign Relations and of Government. And I communicate the same to you for the consequent ends. Liberty and Reform — Mexico, May 28, 1863. FUENTE. To the Citizen Governor of the Federal District. degree of president JUAREZ EXTENDING HIS TERM OF OFFICE. Department of Foreign Relations and of \ Government, Paso del Norte, Nov. 8, 1865. f The Citizen President of the Republic has been pleased to address to me the following decree : — Benito Juarez, Constitutional President of the United Mex- ican States, to the inhabitants of the same maketh known : — In accordance with the ample faculties confered upon me by the National Congress by its decrees of December 11, 1861, May 3, and October 27, 1862, and May 27, 1863, and in con- sideration — First — That in articles seventy-eight, seventy-nine, eighty and eighty-two of the Federal Constitution — the only articles 15 whicli treat of the period of the functions of the President of the Republic and of the mode of supplying his place — the case only was anticipated of the possibility of holding a new election for President, and the actual fact of none being held, without any provision for the case of a war like the present, in which, while the enemy occupies a great part of the national territory, it is impossible that general elections should be held at the ordinary stated times assigned for them. Second — That in the said articles of the Constitution in order to supply a vacancy in place of President of the Republic, provision is made for entrusting the executive power to the President of the Supreme Court of Justice; but only tempo- rarily, in this one case that was anticipated, that a new elec- tion might as soon as possible be held. Third — That, as it is impossible now to have an election on account of the war, the fact of the President of the Supreme Court of Justice entering upon the duties of the government for an indefinte period would imply a prolongation and ex- tension of his powers beyond the literal presriptions of the Constitution. Fourth — -That by the supreme law of the necessity of the preservation of the government, the continuance in the present case of the powers of the President and of his substitute is the most conformable to the Constitution ; because in order to avoid the danger of leaving the government without a head, it was established that there should be two function- aries, of whom one could supply the place of the 6ther ; and because, conformably to the votes of the people, the Presi- dent of the Republic was elected primarily and directly to ex- ercise the functions of government, while the President of the Supreme Court was elected primarily and directly to ex- ercise judicial functions, the executive power being entrusted to him only secondarily and provisionally, in case of absolute necessity. Fifth — And, considering that as the present case has not been provided for in the Constitution, the right of declaring what is most conformable to its spirit and prescriptions be- longs exclusively to the legislative authority, which, by the law of the 11th of December, 1861, confirmed by other re 1(1 015 833 250 4 % pcated votes of contldaMce <»t' the national Ooiijjre-js, was ;tdations he uiij^ht; judge convenient, under the present circnin>itances, without other restricrions than those of saving the independence and the integrity of the national territory, the form <>f governnient established l>y the Constitution and the principles and laws of Reform," I liave thought proper to decree as follows : — Aktiolk 1, In the pressent state of war, the functions ot" the President of the Republic ought to be, and they are liereby, continued for the time that may be necessary be- yond the ordinary constitutional period, until the govern- ment can be transferred to the new Rieiident that may be elected as soon as the condition of the war may permit an election to be constitutionally held. Art. 2. Simlarly, the powers of the person who holds the position of President of the Suprenie Court of Justice, should be, and they are hereby, continued for the time neces- sary, beyond the ordinary period, in order that, in case the President of the Republic should fail, he may be able to take his place. Wherefore it is ordered that this decree be printed, pub- lished, circulated, and have due faith given to it. Given at Paso del Norte on the eighth day of November, one thousand eight hundred and sixty-tive. BENITO JUAREZ. To Skbabtian Lekdo de Tejada, Minister of Foreign Affairs and of Government. And I communicate the same to you for your information and that it may have due effect. Independence and Liberty — Paso del Norte, November 8, 1865. LERDO DE TEJADA. Note. — For copy of the Constitution of Mexico see 1st vol. Dip. Cor. on Mexican affairs, 11. R., April 14, 1862, p. 140. I IRR&RY OF CONGRESS imuumm 015 833 250 4