Benito Juarez to The Citizen J. L. Vallarta, May 9, 1868

Law for the suspension of guarantees and the punishment of conspirators..

SECRETARYSHIP OF STATE AND OF THE DEPARTMENT OF GOVERNMENT—SECTION 1.

The citizen President of the Mexican republic has been pleased to address to me the following decree:

Benito Juarez, the constitutional President of the United Mexican States, to the inhabitants of the same, be it known:

That the congress of the Union has thought proper to decree the following:

Article 1. The guarantee conceded in the first part of article thirteen of the constitution is suspended.

Art. 2. The guarantee contained in article twenty-one is also suspended and the general government can impose executive penalties for political offenses not exceeding one year of reclusion, confinement, or banishment, and can use this authorization before the offenders are consigned to the judicial authority.

Art. 3. The crime of conspiracy shall be judged in conformity with the provisions of this law, and punished with the penalty of five to ten years of imprisonment, banishment, or confinement.

Art. 4. For the trial there shall be observed the following rules:

1st. Immediately that the respective military authority has information that a conspiracy is in progress, whether by public report, denouncement, accusation, or whatever other manner, it shall proceed to make the corresponding examination in conformity with the general ordinance of the army and of the law of the 15th September, 1857, and the cause when ready shall be heard before an ordinary court-martial, whatever may be the category, employment, or commission of the accused. In places where there are no military commandants or generals-in-chief, the governors of the States shall act in their stead.

2d. The process up to placing the cause in the state of defense shall be terminated by the prosecutor within sixty hours, and the defense shall be concluded within the following twenty-four; the court-martial shall immediately thereafter be ordered to assemble.

3d. Whenever a sentence of the court-martial shall be confirmed by the respective military commandant, general-in-chief, or governor acting in their stead, it shall be executed without any other recourse than that of pardon.

4th. Military advocates, named by the supreme government, shall necessarily be present at the ordinary court-martials, as is provided in the law of the 15th of September, 1857, to enlighten with their opinion the members of said court. The legal opinions that they may give to the military commandants, generals-in-chief, or governors, shall be rendered in conformity with the circular of the 6th of October, 1860, as, being necessary accessories, they are responsible for such opinions.

5th. The generals-in-chief, military commandants, or governors upon whom the exact compliance with this law is incumbent, and the military advocates, shall be personally responsible for whatever omission they may make, it being the federal service that is treated of.

Art. 5. There shall not be comprehended in the dispositions of this law offenses of the press, nor can there be tried in conformity with it functionaries who enjoy a constitutional exemption of the federation or of the States.

Art. 6. The suspension of guarantees established by this law shall continue until the 31st of December of this year, and shall have effect only for the crime of conspiracy and others which disturb the public peace.

Art. 7. When these faculties cease, the executive shall give an account before congress of the use that has been made of them.

Hall of sessions, Mexico, May 6th, 1868.

FRANCISCO ZARCO, President

Guillermo Valle, Secretary.

Joaquin M. Alcalde, Secretary.

Wherefore, and with the accord of the council of ministers, I order that it be printed, published, and circulated.