Foster to Hamilton Fish, May 25, 1875

No. 437. Mr. Foster to Mr. Fish.

Sir: In my recent dispatches upon tire political situation, I have referred to the existence of guerrilla bands in different States of the republic, the disturbed condition of the country, and the general feeling of uncertainty and insecurity prevailing. I have, however, had faith in the ability of the government, through the ordinary operations of the national army and the State guards, which latter were quite numerous and regularly organized, to put down all serious attempts at revolution, and within a reasonable time to exterminate the bandits. But a much more grave aspect was placed upon the situation by the application, on the 18th instant, of the executive to Congress to revive the laws in force during the general revolution of 1871–’72, conferring upon the President “extraordinary faculties” in finance and war, and suspending some of the constitutional personal guarantees. This is a species of legislation quite common in the Mexican system of government, but is never resorted to except in the face of an alarming revolution, or at least under the pretext of great danger to the nation. Its objectionable features, in a republican point of view, are that it suspends the legislative power, and makes the executive a dictator to the extent of the powers granted. As the administration of Mr. Lerdo had thus far been marked with a greater degree of peace and order, and a greater regard for the constitution, the laws, and the normal methods of government than any previous administration in the history of the country, it was hoped that the republic had emancipated itself from the revolutionary and disorganizing spirit, and that a return to the exercise of “extraordinary faculties” by the executive would be unnecessary.

This application of the executive to Congress seems to show that my representations of the political situation of the country have not been too serious. I inclose herewith an official copy and translation of the “initiative” of the minister of the interior, proposing the revival of the laws referred to, and giving the reasons of the executive for making the application. It has already been favorably reported by the committee to which it was referred, and no doubt is entertained of its passage by Congress before its adjournment on the 31st instant.

The anti administration newspapers, both liberal and Catholic, are opposed to the revival of the laws. They allege that the state of the country does not warrant such measures; that the President has contended that there were no fears of revolution, and that the Diario Oficial, the government organ, is constantly publishing telegrams announcing the defeat and dispersion of the guerrillas. They charge that the real object of the President, in asking the “extraordinary faculties,” is to secure the election of a new Congress in July next favorable to his administration, thus preparing for his re-election in 187G, and to punish certain public men who are obnoxious to him. As indicating the spirit of the opposition, I inclose an extract and translation from the Monitor. As an answer to these charges, especially in so far as they relate to the exercise of constraint upon the coming elections, I inclose an editorial article and translation from the Diario Oficial.

I am, &c.,

president lerdo contradicting himself.

When the President of the republic pronounced his discourse before the chamber, he said that the bandits were almost annihilated, and that there was no fear of revolution. The Diario publishes with frequency the telegrams of the defeats which the robbers suffer, and nevertheless the executive solicits of Congress extraordinary faculties. For what does he wish them? The executive has confessed that revolution inspires no fears. Now, what it wishes is to make the election of deputies and senators at its will, to prepare the re-election of the President, and to arrange the English debt. When, in 1871, the government of Mr. Juarez asked for extraordinary faculties, entire States had pronounced, with their governors at their head; there were symptoms of revolution against the authority in all parts, and there were more than 5,000 armed men in insurrection against the government; and, nevertheless, we were not in favor of conceding to it the faculties, because they would only serve to practice extortion upon the people. The Lerdistas of the chamber then thought as we did, and perhaps their chief was of the same opinion. Why, now, so great a change? It is not explained, then, that there is no occasion to grant these faculties. Extraordinary faculties signify the violation of the sovereignty of the States, declaring them in a state of siege; the violation of popular suffrage by means of brute force; the violation of the legislative power, depriving it of its functions; and, in fact, monstrosities without name, because with these faculties the executive can tear down every kind of liberties. The suspension of guarantees, which is a consequence of the faculties, is equivalent to levies, to kidnapping, so much the more reprehensible as the authorities commit them and not the robbers. Let the deputies form in their imagination a picture of the miseries which the country will present if these faculties are conceded, and, afterward, with their hands upon their hearts, if they are honest men, let them vote as their consciences dictate.

EXTRAORDINARY FACULTIES ASKED.

The Trait d’Union of to-day, after expressing some considerations relative to the extraordinary faculties which the government has asked, says, among other things, the following: “If, as we wish to believe, the government has asked these faculties in order to re-establish peace in the districts in which it has been disturbed, and in order to put an end to the excesses of the insurrectionary bandits, public opinion will only have to congratulate itself upon the energetic measures which may be taken with that object; but if, as some appear to fear, the executive makes use of these faculties in order to exercise constraint upon popular suffrage, on the eve of the elections, we would be the first to lament the concession of these faculties, both for the prestige of the government, as well as for the good name of republican institutions.” The first part of the expressions of the French colleague are entirely correct, and it has precisely comprehended the idea of the government, which has been nothing else, in asking extraordinary faculties, than that of removing such obstacles as may be presented, in the strictly constitutional sphere, in order to hasten as soon as possible the re-establishment of peace in the districts in which it is at present disturbed. In regard to the fears, which some manifest, in the direction which the Trait d’Union indicates, our colleague knows the natural propensity of political passions to depreciate all the acts of an administration. Free suffrage has no concern with the extraordinary faculties if these are conceded by the national representation.