BOOK III.
SECTION I.
PRESENT FORM OF GOVERNMENT.—HOW COMPOSED.
The form of government adopted by the Representatives of Mexico, when left by the resignation of Iturbide, at liberty to make a free and unbiassed choice, was that of a Federal Republic, each member of which manages its own internal concerns, while the whole are cemented into one body politic, by certain general obligations, and laws, contained in the Federal Constitution of the 4th October, 1824.
This instrument, after declaring the absolute Independence of the country, (Article 1) adopting the Roman Catholic religion, (Article 3) and recognizing, as component parts of the Federation, (given alphabetically,) the nineteen States of Chĭāpăs, Chĭhūāhuă, Cŏăhūilă and Tēxăs, Dŭrāngŏ, Guănăjūātŏ, Mexico, Mīchŏăcān (Valladolid,) New Lĕōn, Ŏăxācă, Pūēblă de los Āngĕlĕs, Qŭerētărŏ, Săn Luis Pŏtŏsī, Sŏnōră and Sinăloă, Tăbāscŏ, las Tămăulīpăs, Vĕrăcruz, Xălīscŏ (Guădălajāră) Yŭcătān, and Zăcătēcăs, as well as the Territories of Old and New California, Cōlĭmă, New Mexico, and Tlăscălă, (Article 5,) proceeds to divide the Powers of the Supreme Government into three branches, Legislative, Executive, and Judiciary, (Article 6).
The Legislative Power is vested in a Congress, which is divided into two Chambers, the House of Representatives, and the Senate, (Article 7).
The House of Representatives is composed of members elected for a term of two years, by the citizens of the States. The basis of this election is the population, one member being returned for each eighty thousand inhabitants, as well as for each fraction that exceeds forty thousand,[1] (Articles 8, 10, 11).
A Deputy must be twenty-five years of age, and have resided two years in the State by which he is elected, (Article 19). If not a Mexican by birth, he must have been eight years a resident in the Republic, and possess landed property to the amount of eight thousand dollars, or some trade or profession that produces one thousand annually, (Article 20). An exception is made in favour of the natives of the former Colonies of Spain, from whom a residence of three years only is required, and of all military men, whom eight years of service during the War of Independence, entitle to all the privileges of a Mexican born, (Article 21).
The President, and Vice-President, of the Federation, the Members of the Supreme Court of Justice, the Secretaries of State, and those employed in their departments, the Governors of States and Territories, Military Commandants, Archbishops, Bishops, Vicars-general, Judges of Districts, and Commissaries-general of Finance, or War, are not eligible, as Deputies, for the States, or Territories, in which they exercise their functions; and to become so, must have given up their several employments six months before the election takes place, (Articles 23, 24).
The Senate is composed of two Senators for each State, elected by a plurality of votes in the State Legislature, or Congress. The last of the two named is replaced by a new appointment at the end of two years: the first retains his seat for four. Both must be thirty years of age, and must possess all the qualifications requisite for a Deputy, (Articles 25, 26, 28, and 29).
The Congress thus constituted meets every year on the 1st of January, (Article 67,) and closes its sessions on the 15th of April; unless, either in its own opinion, or in that of the President, it be necessary to prolong them for thirty days more, (Article 71). In the interval between the Ordinary sessions an Extraordinary Congress may be convoked, (composed always of the existing Chambers,) either by the President, or by the Council of Government, should two-thirds of its members agree upon its expediency, (Article 110).
The Congress cannot open its sessions without the presence of more than half the total number of its members, (Article 36).
Either of the Chambers can resolve itself into a Grand Jury, qualified to take cognizance of all accusations against the President, (for the crime of treason in attempting to subvert the form of Government established, or for any act manifestly tending to impede the free election of Senators and Deputies;) or against the Members of the Supreme Tribunal of Justice, the Secretaries of State, and the Governors of the different States, for infractions of the Constitution, by the publication of laws contrary to the general laws of the Union, (Article 38).
Should an impeachment be decided upon by two-thirds of the Members of the Chamber, before which the accusation is preferred, the person accused is, ipso facto, suspended from his employment, and placed at the disposal of the competent tribunal, (Article 42).
Both Deputies and Senators are inviolable, and cannot, at any time, be called to account for their opinions. (Article 42.)
A yearly salary of two thousand dollars is assigned to them, (Article 45).
The concurrence of both Chambers is required for the transmission of any legal enactment to the President. If he approves it, it is immediately published with his signature, when it acquires the force of-law. If disapproved of by the President, it is sent back to the Chambers with his observations. Should it be again sanctioned by a majority of two-thirds of the members of both, the President must sign and publish it, without farther remonstrance. If not approved by this majority, the project cannot be again taken into consideration until the following year. The objections of the President must always be stated within a term of ten days, without which the law is conceived to have received his sanction, and must be promulgated.
Laws of every kind may originate, without distinction, in either Chamber, with the exception of those on taxes or contributions, which must be proposed in the Chamber of Deputies, (Articles 51—57.)
In the formation of a law, the presence of a majority of Members in both Chambers is required, (Article 66.)
The principal attributes of the Congress are:—
To maintain the Federal Union of the States, their independence of each other, and the perfect equality of their rights and obligations.
To promote general information by the establishment of copyrights, and the formation of colleges for the navy, the army, and the engineers.
To open roads and canals; to regulate posts, and grant patents to the inventors or introducers of any useful discovery.
To protect and regulate the liberty of the press in such a manner that its exercise can never be suspended, or abolished, in any part of the Federation.
To incorporate into the Union new States, or Territories, fix their respective limits, raise Territories to the rank of States, and combine two or more States into one, at the request of their respective Legislatures, and with the consent of a majority of two-thirds in each, as well as in the general Congress.
To regulate the outlay of the country, and provide for it by taxes, imposts, and duties; to superintend the mode of collecting these, and to examine annually the Government accounts.
To borrow money on the credit of the Federation, and give security for its payment.
To regulate commerce with foreign nations, and between the several States, and with the Indian tribes.
To give instructions for the formation of a Concordat with the Holy See; to approve this Concordat for ratification, and to regulate the exercise of the right of Patronage throughout the Federation.
To approve all treaties of Peace, Alliance, &c. with Foreign powers.
To open ports to foreign trade, and establish custom-houses.
To fix the weight, standard, and value of money throughout the Federation, and to adopt one uniform system of weights and measures.
To declare war; grant letters of marque; determine prize cases; designate the armed force of the country by sea and by land, fix the Contingent of each State, and make regulations for the government of the land and naval forces.
To permit or refuse the entry of Foreign troops into the territory, or of a Foreign squadron into the harbours of the Republic.
To create or suppress public offices, and increase or diminish the salaries attached to them.
To concede recompenses to Corporations or to individuals who have rendered services to the country, and to decree public honours to their memory.
To establish a general law with regard to naturalization, and bankruptcies.
To select a fit residence for the Supreme Powers of the Federation, and to exercise exclusive jurisdiction in the district around it.
To give laws and decrees for the internal administration of the Territories.
To make all laws which shall be necessary for the attainment of the objects comprised under the preceding Articles. (Articles 49, 50.)
The Supreme Executive Power is deposited in the hands of a President, (Article 74) assisted by a Vice-president, who, in cases of any moral or physical disqualification on the part of the President, succeeds to all his prerogatives, and exercises his functions. (Article 75.)
None can be President, or Vice-president, but a Mexican born, thirty-five years of age, and residing in the country. (Article 76.)
The President cannot be re-elected until after the lapse of a term of four years. (Article 77.)
The election is made by the Congresses of the States, each of which, on the 1st day of September of the year immediately preceding the installation of a new President, names two individuals as candidates, one of whom, at least, is not to be a native of the State. A sealed certificate of this act is sent to the President of the Council of Government, which is opened in the presence of the Chambers on the 6th of the following January. A Commission of the Deputies, composed of one from each State, examines the validity of the certificates; and the Chamber then declares the individual upon whom the election has fallen. (Articles 79—84.)
Should two of the Candidates have an equal number of votes, or no one obtain a positive majority, the Chamber of Deputies names the President and Vice-president, confining its choice to the candidates who have obtained most votes. (Articles 85—89.)
If, in the House of Representatives, opinions are again divided, the question is determined by lot. (Article 90.)
The President may propose to the Congress, such changes or modifications of laws, as he judges necessary. (Article 105.)
During a term of ten days, he may make observations upon the Laws, or Decrees communicated to him by the Congress, and suspend their publication. (Article 106.)
During his Presidency he is inviolable, and can only be accused before one of the Chambers, in the cases provided for by Article 38. (Article 107.)
The President has powers:—
1. To publish, circulate, and enforce the Laws and Decrees of the General Congress.
2. To issue decrees or regulations himself, for the better observance of the Constitution, and general laws.
3. To carry into execution all laws for preserving the integrity of the Federation, and maintaining its Independence and tranquillity.
4. To appoint and remove, at pleasure, the Secretaries of State.
5. To superintend the collection of the revenue, and its employment, as provided for by the Congress.
6. To appoint the chiefs of the different departments of finance; the Commissaries general. Diplomatic agents, Consuls, Colonels, and other superior officers of the army and militia, with the approbation of the Senate, or, when the Congress is not sitting, of the Council of Government.
7. To make all other Government appointments whatsoever, under certain legal restrictions. 8. To appoint one of three candidates proposed to him, to all vacancies in the Supreme Tribunal of Justice, or as Judges and Fiscals of a district.
9. To assign military pensions, &c. in conformity to the laws.
10. To dispose of the armed force of the country, both by sea and by land, for the better security of the Federation.
11. To call out the Militia for the same purpose, the force required being previously determined by the Congress, or by the Council of State, should the Congress not be sitting.
12. To declare War in virtue of a previous decree of the Congress, and grant letters of marque.
13. To frame a concordat with the Holy See, under the restrictions prescribed by Article 50.
14. To direct all diplomatic intercourse with foreign countries, and to conclude Treaties of Peace, Amity, Alliance, &c.; the ratification of any such Treaty being preceded by the consent of the Congress.
15. To receive the Ministers and Envoys of Foreign Powers.
16. To demand of the Congress the prolongation of its Ordinary sessions, for the term of thirty days.
17. To convoke the Congress in an Extraordinary session, in case he should deem it expedient, with the concurrence of two-thirds of the Members of the Council of State.
18. To convoke the Congress in like manner, when two-thirds of the Council are of opinion that it is expedient.
19. To watch over the due administration of justice, and to see the sentences of the Supreme Court, and other tribunals of the Federation carried into execution.
20. To suspend for three months, and deprive of the half of their salaries, any of the Government officers guilty of disobedience, or infraction of the laws.
21. To concede, or deny, his "Pase," (or Exequatur) to all decrees of Councils, Pontifical bulls. Briefs, and Rescripts, with the consent of the General Congress, if they contain general regulations; and with that of the Senate, the Council of State, or the Supreme Court of Justice, in cases of a more private, and individual character. (Article 110).
The restrictions upon the powers of the President are the following:—
1. He cannot take the command of the forces in person, without the consent of the Congress, or of a majority of two-thirds in the Council of State. When thus employed, the Vice-President takes charge of the Government.
2. He cannot deprive any one of liberty; but in cases where the interest of the Federation requires it, he may arrest any individual, placing him, within a term of forty-eight hours, at the disposal of the competent tribunal.
3. He cannot seize or embargo the property of any individual, or corporation, unless in virtue of a decree of the Congress.
4. He cannot in any way impede or interfere with the elections.
5. Neither the President, nor the Vice-President, can quit the territories of the Republic, without the permission of the Congress, during the term of their service, and for one year after it has expired. (Article 112.)
The Council of Government or State, exists only during the intervals between the sessions of the Congress, and is composed of one half of the Senate, or one Senator from each State, with the Vice-President of the Republic at its head. (Articles 113, 114, 115.)
Its principal duties are:—
To watch over the observance of the Federal Act, and general laws of the Union.
To make such observations to the President as it may deem conducive to their better execution.
To convoke, by its own act, or at the suggestion of the President, the Congress, in an extraordinary session, for which, however, in both cases, the concurrence of two-thirds of the Members of the Council is required.
To give its consent to calling out the local militia in the cases prescribed by Article 110.
To approve the appointment of government officers, as provided by the same article.
To name two individuals, who, in conjunction with the President of the Supreme Court of Justice, may exercise the Executive Power, in the event of the demise, absence, or incapacity, (physical or moral,) of the President, and Vice-President. (Vide Article 97.)
To swear in the Members of the Executive thus constituted.
To give an opinion in all cases upon which the President may consult it, either in virtue of the twenty-first Facultad, (subdivision) of the 10th Article, or any other. (Article 110.)
For the dispatch of business, the Government is divided into Departments, at the head of each of which is a Secretary of State, who becomes responsible for all the acts in his department, to which his signature is affixed. (Articles 117, 118, 119.)
The Secretaries of State are bound to present to Congress a report of the state of their different departments at the commencement of the annual sessions, which report includes the budget for the ensuing year. (Article 120.)
They must be Mexican citizens by birth. (Article 121.)
The Judicial Power is lodged in a Supreme Tribunal of Justice; and in inferior Courts of Departments, and Districts, the number of which is determined by the Congress. (Article 123.)
The Supreme Court is composed of eleven Judges, and one Fiscal, or Attorney-general. (Article 124.)
Its Members must be Mexicans born, and thirty-five years of age. They are elected by the Legislatures of the States in the same manner, and with the same formalities, as the President, and cannot be removed, unless in cases specified by law. (Articles 125—136.
They take cognizance of all differences between two or more States of the Federation, or between individuals of different States, respecting grants of land; Government contracts; controversies between the inferior tribunals of the Federation, or between these and the tribunals of the States; all impeachments against the President, or Vice-President; the Secretaries of State, or Governors of States, or the Diplomatic Agents, and Consuls, of the Republic. They likewise decide all Admiralty cases: questions of prize money, or contraband, crimes committed upon the high seas; treason against the nation; and infractions of the Constitution, or general laws. (Articles 137 and 138.)
They may themselves be called to account by a tribunal constituted for the purpose, by the Chamber of Deputies, (Article 139.)
The tribunals of Departments and Districts are composed the first of a Judge and a Fiscal, the second of a Judge alone, from whom an appeal lies to the Supreme Tribunal, in all cases which exceed the value of five hundred dollars.
The Judges, in both cases, are named by the President from a list of three candidates submitted to him by the Supreme Tribunal. (Articles 140—144.) The penalty of infamy can only attach to the person of the culprit. (Article 146.)
Confiscation of property, judgments by special commission, retroactive laws, and the torture in any shape, or under any pretence, are abolished for ever. (Articles 147, 148, 149.)
No one can be imprisoned without strong grounds of suspicion, nor detained above sixty hours, without proofs of guilt. (Articles 150, 151.)
No house can be entered, or papers examined, belonging to any inhabitant of the Republic, unless in cases expressly provided for by law, and then only in the manner prescribed by it. (Article 152.)
No inhabitant of the Republic shall be forced to give evidence on oath, calculated to criminate himself. (Article 153.)
No one shall be deprived of the right to terminate a suit by Arbitration, in any stage of the proceedings, nor shall be allowed to commence an action without having had recourse, previously, to the Judgment of Conciliation.[2] (Articles 155 and 156.)
GENERAL PRINCIPLES WITH REGARD TO THE
STATES OF THE FEDERATION.
1. The Government of each State shall be divided in a manner similar to that of the Federation. (Article 157.)
The State Legislatures shall determine the time, for which all public offices within the State, shall be held by their respective constitutions; (Article 159;) as likewise the mode in which justice shall be administered in all civil and criminal cases, in which the supreme jurisdiction belongs to the State Tribunals. (Article 160.)
2. The obligations of the States are, to organize their Governments and system of internal administration, in conformity to the Federal Act.
3. To observe and enforce the general laws of the Union, and the Treaties concluded by the Supreme Government with Foreign Powers.
4. To protect their inhabitants, respectively, in the full enjoyment of the liberty of writing, printing, and publishing, their political opinions, without the necessity of any previous license, revision, or approbation.
5. To deliver up criminals reclaimed by other States.
7. To contribute towards the liquidation of the debts recognized by the National Congress.
8. To transmit, annually, to each of the two Chambers of the General Congress, a circumstantial account of the Receipts and Expenditure of their respective treasuries; with the origin of each, and a note, containing a description of the agricultural and manufacturing industry of each State; the new branches of industry that might be introduced, and the best mode of doing so, with a census of the population.
9. To transmit likewise copies of all the decrees, and laws, of their respective Congresses. (Article 161.)
No State has liberty, without the consent of the General Congress,
To establish any tonnage or harbour dues.
To lay any tax upon importations or exportations.
To maintain troops, or vessels of war.
To enter into any transaction with Foreign Powers, or declare war; though hostilities may be commenced in cases of actual invasion.
To enter into any transaction with other States of the Federation, respecting boundaries, or cession of territory. (Article 162.)
MODE OF EFFECTING CHANGES IN THE
CONSTITUTIONAL ACT.
The General Congress alone has the power of determining any question that may arise with regard to the interpretation of any article of the Constitutional Act. (Article 165.)
The Congresses of the States may make what representations they think proper against any particular Articles of the Constitution; but these cannot be taken into consideration by the General Congress before the year 1830. (Article 166).
The Congress of that year must confine itself to qualifying, (or reporting upon) those representations which it thinks ought to be submitted to the consideration of the ensuing Congress; and this report shall be communicated to the President, who shall publish and circulate it without observation. (Article 167).
The ensuing Congress, in the first year of its ordinary sessions, shall discuss the report submitted to its deliberation; and make such reforms as it deems expedient; but no change can ever be made by the same Congress which declares its expediency. (Article 168).
In addition to the rules prescribed in the preceding Articles, all the forms usually observed in the enactment of laws must be adhered to in the case of each change in, or addition to, the present act. (Article 170).
The Articles of this Constitution, which establish the liberty and independence of Mexico as a nation, its religion, and form of government, the liberty of the press, and the division of the Supreme Powers of the Federation, can never be varied. (Article 171 and last.)
Mexico, Oct. 4, 1824.
REMARKS.
The principles of the system, some account of which has been given in the preceding pages, are too generally understood to require comment.
It is certainly well adapted, by the subdivision of the governing powers, to a country of such vast extent as to render the transmission of orders, from any central point, difficult, and uncertain: and thus, although in other respects Monarchical institutions might have been better suited to the habits, and previous education of the Mexicans, I am inclined to think that, both in the institution of local governments, and in the advantages which these Governments have derived from the immediate example of the United States, the adoption of the Federal system will be found to have been productive of many good effects. It has given to Mexico the benefit of our own experience in the science of government, as well as of that of the Americans, and substituted at once good practical securities for the liberty of the subject, in lieu of vague theories, and still more vague discussions, upon his abstract rights.
Most of the Articles of the Federal Act are transcripts of corresponding articles in the Constitution of the United States. There is, however, an occasional mixture of the old Spanish leaven, which displays itself more particularly in the establishment of the Roman Catholic and Apostolic faith "to the exclusion of all others" (Article 3), and in the excessive precautions which it has been thought necessary to take against the possibility of encroachment on the part of the President.
The first of these is the natural consequence of a long apprenticeship, served under the most bigoted nation in the universe: the second arises from the circumstance of an Iturbide having been first placed at the head of affairs. In 1824, when the Federal Act was framed, the sceptre was but just wrested from his hands, and, for a long time, it seemed doubtful whether the Congress would resolve to entrust the Executive power to a single individual again. Three were appointed during the Interregnum, to exercise the functions of President; but the inconveniences of a Government thus constituted were felt in time, and the absolute necessity of a change reconciled the Chambers to the risk.
Of Religion I shall have occasion to speak more at large in the third Section of this book; it only remains therefore, for me here to call the attention of my readers to the laudable anxiety which the Mexican Constitutional act displays, for the general improvement of the country, by disseminating the blessings of education, opening roads, establishing copyrights, patents, and the liberty of the press, founding colleges, promoting naturalization, and throwing open the ports to foreign trade, abolishing the torture, arbitrary imprisonment, confiscation of property, special commissions, retroactive laws, and all the abuses of absolute power, and protecting the houses and persons of all the inhabitants of the republic, against the undue exercise of authority in any shape.
In a more advanced stage of society, many of these enactments might have been dispensed with; but in a country that had so recently thrown off the yoke, they were necessary, in order to inspire confidence in the system, and to teach the people to value their new rights in proportion to the extent of the grievances, from which they were exempted by them.
It cannot be denied that many of the provisions of the Federal Act, have already produced a good practical effect, and tended greatly to rouse the country into useful activity.
Proofs of the attention which is already paid to the education of the rising generation, will be found in Books V. and VI. of this sketch; and this is the first great step towards a better order of things.
Statistical enquiries, too, are prosecuted with eagerness in all parts of the country, in order to furnish materials for the annual reports required, both by the General Congress, and by the Legislatures of the States. In these, a mass of curious information is already collected, and every day tends to throw more light upon the resources of the country; while the precautions taken against too hasty a change of system, (Articles 165, 166, and 167,) embolden monied men to invest their capitals, once more, in those branches of industry which were formerly most productive.
It is to be regretted, that the non-introduction of the Trial by Jury, the want of publicity in the administration of justice, and of a little more tolerance in religious matters, should cramp this rising spirit, and check the progress which must otherwise be made.
But I am inclined to consider these defects, as perhaps unavoidable sacrifices to the prejudices of the day, and to look to time, and to the action of the system itself, as the best mode of removing them.
- ↑ Thus a State with a population of two hundred and five thousand, would return the same number of deputies as one with two hundred and forty thousand.
- ↑ This Judgment of Conciliation was one of the few, the very few, really good and useful provisions of the Spanish Constitution. It prohibited any two parties from commencing a law-suit, until they were provided with a certificate from a Constitutional Alcalde, (not a lawyer) stating that a judgment by Arbitration or Conciliation, had been tried before him in vain.