Pictures of life in Mexico/Volume 2/Chapter 36
CHAPTER XXXVI.
MEXICAN GOVERNMENT AND CONSTITUTION.
The present political organization of the Mexican republic is founded for the most part on the constitution of the United States of America. The restlessness outbreaks proclamations and discontents which have been suffered by the country while moulding state affairs into their present shape are unparalleled for their number and bitterness, within a similar period, in the history of any country in the world.
The constitution which has latterly prevailed with little alteration, was proclaimed by a junta, headed by Santa Anna, on the 13th of June, 1843. The document then drawn up declares the political power to reside essentially in the nation; that the country adopts the form of a popular representative system for its government; that the republic shall be divided into departments for representation; that the Holy Roman Catholic and Apostolic faith is professed and protected to the exclusion of all others; that slavery is not to be permitted; that no one is to be called upon to pay illegal contributions; and that nobody shall be molested on account of his political opinions.
It is especially distinct on the subject of Mexican citizenship, its privileges and obligations. All persons born of Mexican parents; those who did not renounce their allegiance at the revolution; natives of bygone Mexican territories, who have since resided in the republic; and persons who have procured, or shall procure, letters of naturalization—are deemed citizens. The citizen's right of voting for representatives cannot be possessed by the married before they are eighteen years old, nor by the unmarried before the age of twenty-one; they must also have an annual income of not less than 200 dollars, derived from real capital, property, or honest industry; and it is proposed, also, that they shall be able to read and write. Habitual intemperance, religious vows; domestic servitude and fraudulent bankruptcy are among the disqualifications from these rights.
The legislative power resides in a chamber of deputies and a senate, forming a congress; the former composed of individuals elected by the different departments. A deputy must be over thirty years of age, and be possessed of an annual income of 1,200 dollars; and a division of this class is to be renewed every two years. Senators must possess an income of 2,000 dollars: the senate consisting of persons belonging to the classes of merchants, manufacturers, proprietors, miners, and agriculturists; and of individuals eminent in civil, military, or ecclesiastical professions: they must be chosen by the departments, and appointed by the president and council. A third of the senate must also be renewed every second year.
A permanent deputation, too, is created by the congress, whose duty it is to call supplementary sessions when required by government, and to accept the certificates of the various officers appointed by the nation. The regular sessions of congress are held twice a year—meeting in January and July, and sitting for the period of three months.A president is at the head of the executive power: he must be a Mexican by birth a resident in the republic, more than forty years of age, and in full possession of all the rights of citizenship. The duties of the president are to support and vindicate the laws, and impose fines on those who disobey his lawful orders; to obtain all necessary information respecting courts of justice, and visit them in person when required; to consider all projects of laws approved by the chambers, and suspend their operations during such time:—if, however, thirty days pass by without any objection being urged by the president, the law will be considered sanctioned, and carried into effect without further delay. The president has further power to declare war, and may dispose of the armed forces of the republic; and he has also the right to expel all foreigners from the country who may be deemed dangerous to the State.
The government council is composed of persons permanent selected by the president, and its functions are to aid the executive in its deliberations; it may also originate and suggest measures for the public good, independently.The judicial power of the country rests in a supreme court in departmental tribunals and in other courts previously existing. A perpetual military court-martial is to be selected by the president.
Each department of the republic has a local assembly, subject to the supervision of a governor also chosen by the president.
For the purposes of election the population of the country is divided into sections of five hundred inhabitants each, for the election of primary juntas; the citizens voting, by ticket, for one elector to every such section of five hundred. These primary electors name the parties composing the electoral college—one secondary elector to twenty of the primary. The electoral college elects the deputies to congress; and its members must have an income of not less than 500 dollars per annum.
In the November of the year before the expiration of the president's term of office, each departmental assembly, by a majority of votes—or, in the event of equal numbers, by lot—take part in selecting the president for the succeeding five years.
From the first proclamation of a federal constitution in October 1824, to the issue of the document just described a series of the most singular proceedings and demonstrations took place in different parts of Mexico. The first federal congress met in January 1825 under President Victoria. Rebellions and pronunciamientos soon followed the opening. Some innovators declared that no Spaniard should be allowed to take any public office whatsoever; others railed at the federation; others scouted the centralizing system. Blood was freely spilt, and insurrections became frequent. Some presidents and officials were imprisoned, others were exiled, a few were executed.
In the first year of Santa Anna's presidency (1833), a pronunciamiento was issued in favour of the church and army; but was summarily subdued by him at Guanajuato. Two or three other declarations followed in as many succeeding years—when a pronunciamiento was produced known as the "Plan of Toluca." Santa Anna then fled to Texas, and was captured there; and Barringon, and Coro, and Bustamente, successively became presidents. Next uprose Mexia with a large army; but at Puebla he was defeated, taken, and shot by his opponent Santa Anna. Then followed a grand pronunciamiento of the federalists under Urrea, in 1840; which was suppressed hy Valencia. In 1841 succeeded a whole possé of pronunciamientos a civil war, a bombardment of the capital, conflicts among the soldiery, the downfall of Bustamente, the elevation of Santa Anna, and the "Plan of Tacubaya"; and in 1843, as I have said—after several attempts to reconcile conflicting systems—the basis of political organization, nearly as it now stands, was declared by Santa Anna and his junta.
Since that period, Santa Anna has been banished, as everybody knows; pronunciamientos and insurrections have again flourished; a war with the United States has been begun and ended; Texas has been annexed; and other presidents have been elected, upon the principles which I have, on the best authority, endeavoured to describe in these few pages.