Cuervo to A. Lancaster Jones , Secretary, February 2, 1868

Law No. 61 of the State of Jalisco.

Antonio Gomez Cuervo, constitutional governor of the State of Jalisco, to the inhabitants of the same; be it known that—

The honorable legislature of the State has remitted to me the following decree:

“Considering that the alarming proportions to which the perpetration of the crimes of robbery, kidnapping, and assassination have arrived requires a speedy and energetic remedy;

“That society, with good reason, intimidated by the magnitude of the dangers which surround it, urgently calls for the adoption of extraordinary measures, which shall put a stop to the evil and re-establish the public tranquillity;

“That congress cannot see with indifference the agony and alarm of the people, and should, on the contrary, make the greatest efforts to check in their origin the crimes which threaten the very dissolution of society;

“That in the situation to which we have arrived the ordinary means established by the laws are not sufficient, and that it is necessary to strengthen the action of the executive, in order that it may be able to restore tranquillity so profoundly disturbed;

“The congress of the State, making itself the interpreter of the most imperious of public exigencies, and desirous of saving the sacred interests of the people it represents, has thought proper to issue the following decree:

“Number 61. The people of Jalisco, represented by their congress, decree:

“Article 1. The observance of the law of the 3d of the present month, in so far as relates to the crimes of robbery, kidnapping, and assassination, is hereby suspended.

“Art. 2. During this suspension the government shall have the powers which the circular of the 12th of March, 1881, conceded to the military authorities for punishing the crimes of robbery, making the proceedings and penalties therein established applicable also to the crimes of kidnapping and assassination.

“Art. 3. The government can delegate the faculties treated of in the foregoing article to such political authorities and military chiefs as it may deem advisable.

“Art. 4. The government is authorized to expel from the State, by executive order, for the term of four years, any suspicious individual, or person suspected to be a robber or kidnapper.

“Let it be communicated to the executive for its promulgation and observance.

“Hall of sessions of the congress of the State, Guadalajara, January 31, 1868.

“ANDRES TERAN, President.

“José G. Gonzales, Secretary.

“Pedro Landazwire, Secretary.”

In conformity with article 3d of the preceding decree, I have thought proper to direct:

1. The powers contained in article 2d are delegated to the political prefects of the cantons, and to the directors of the departments of the proper use of these powers, and strict application of the proceedings established in the circular of the 12th of March, 1861, the strictest responsibility will be exacted from said functionaries, under penalty of being dismissed from office in conformity with the laws, and furthermore punished as the case may require.

2. The same powers are delegated to the military authorities of the State, and with the approval of the citizen general-in-chief of the fourth division, they shall also be transmitted to such officers of the same division as, with the accord of said general, may be charged with the persecution or apprehension of the delinquents referred to in the inclosed decree, the government reserving to itself to restrict these powers in the special instructions, which in each case may be given, and to which the said chiefs shall scrupulously adhere, under penalties of the ordinance which shall be made effective by the superior officer whose duty it may be.

3. The section of justice of the government department shall form a weekly report of the criminals proceeded against, according to the present provisions, which shall be certified to and duly published.

4. The bodies of the criminals executed in compliance with respective provisions shall remain exposed to public view for the space of twenty-four hours on the site of the execution, or in that of the perpetration of the crime of which the criminals have been the authors, as may be judged convenient by the authority imposing the penalty.

Wherefore, I order that it be printed and published in legal form for its fulfillment.