Emeterio Robles Gil to Antonio P. Verdia , Secretary, May 21, 1868

Decree of the State of Jalisco.

Emeterio Robles Gil, constitutional governor substitute of the State of Jalisco, to the inhabitants of the same; be it known:

Considering that the fact of the congress of the Union having submitted the citizen governor of the State to trial, for having carried into effect the decree No. 61 of this legislature, implies the declaration that said legislature had not the power to issue said law.

That although it is true that article 29 of the federal constitution provides that in cases of invasion, grave disturbance of the public peace, or any other cause that may place society in great peril or conflict, solely the president, in accord with his council of ministers, and with the approbation of the council of the union, can suspend personal guarantees; yet when an imminent danger in a State, or the immediate repression of crime, are the questions treated of, the legislatures should have the right of dictating the measures necessary to check the evil, although this may occasion that in a certain manner some guarantees with regard to the offenders may be suspended.

That it is thus implicitly stipulated in articles 19 and 28 of the constitution of the State, on providing in them that extraordinary powers may be given to the governor, and that he may of his own accord assume them whenever the urgency of the case shall require.

That if the legislatures had not the right alluded to, and in virtue whereof that of the State issued its decree No. 61, the sovereignty of the States would not exist, since even for the providing for their own preservation they would have to apply to the federal government.

Number 88. The inhabitants of Jalisco, represented by their congress, declare:

Article 1. It is declared that the congress of the State of Jalisco had full right to issue the decree No. 61, and possesses full right to dictate all others that it may judge opportune in the sense already expressed.

Art. 2. It is declared that the government of the State has complied with its duty in carrying into effect the decree referred to.

Art. 3. As what is expressed in the preceding declarations involves a controversy between the State and the federation, which should be decided in conformity with article 98 of the general constitution, a copy of this decree will be remitted to the supreme court of justice, in order that it may direct that the corresponding trial be commenced.

Art. 4. That the legislatures of the other States be exhorted to support, if they shall think proper, the rights of which the congress of the Union seeks to deprive them in denying that they can legislate, suspending certain guarantees when necessity requires it.

Hall of sessions of the congress of the State, Guadalajara, 21st of May, 1968.

RAMON LUNA, President

J. V. Tagle, Secretary.

P. Laudazuré, Secretary.

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