ment, in which the necessity of returning them was pointed out. The supreme executive power, then consisting of Valle, Cerda, and O'Horan, were in favour of giving up the deserters, and, referring the matter to the congress, recommended their restoration. The measure, being opposed, was passed over to a committee, which, in its report to the congress, supported the opinion of the executive; and the congress, having agreed to deliver them up, the party who were of the contrary opinion, required that, as the decision had the effect of altering an article of the constitution, it should be passed to the senate to obtain their sanction, as it would not otherwise be operative. After being referred accordingly first to the executive, and then reconsidered in the congress, the question was lost, by wanting only four votes of the two thirds prescribed in such a case.
It must be confessed that the business was decided with great party spirit, and con-
