Letter

Guzman to The Citizen, June 7, 1861

No. 10.

Law of Congress of 7th June, 1861, referred to in article 1 of the preceding decree.

[Translation.]

Department of Foreign Relations and of Government.

His excellency the President ad interim of the republic has been pleased to address to me the following decree:

The citizen Benito Juarez, constitutional President ad interim of the United Mexican States, to the inhabitants of the same maketh known, that the sovereign congress of the union has thought proper to decree the following:

Article 1. The first part of article 5, section first, title 1, of the constitution shall remain in these terms: In case of national public interest, every individual may be obliged to lend personal service, a just remuneration always being rendered.

Art. 2. The guarantee conceded by article 7, of the same title and section, is hereby suspended. The liberty of the press shall be subject for the present to the law of the 28th December, 1855, in so far as it is not opposed to the laws of reform; but with respect to writings which, directly or indirectly, attack the national independence and institutions, public order, or the prestige of the public authorities, the government may anticipate judicial sentence, imposing upon the authors of such publications a fine not exceeding one thousand dollars, which shall be exacted from the owner of the press in case the author is unknown or has not the means to satisfy it. The government may, in place of a pecuniary fine, impose that of imprisonment or confinement for six months. The governors of the States can impose similar penalties; but in case of confinement, they shall give account to the general government, that it may designate the place, the offender remaining meanwhile properly secured. The members of the congress of the union shall be subject, the same as other citizens, to the prescriptions of this article.

Art. 3. For the exercise of the guarantee conceded by article 9 in political affairs the permission of the authorities shall be required.

Art. 4. The governors of the States and of the federal district, and the political chiefs of the territories, shall immediately issue regulations with regard to the carrying of arms, and shall designate what are prohibited, and the requisites for the use of those permitted, under the understanding that in no case shall this be made the pretext for the imposition of any pecuniary charge. In this sense the guarantee conceded by article 10 shall remain restricted.

Art. 5. The guarantees referred in the first part of article 13, that conceded in the second part of article 18, and in the first and second part of article 19, are hereby suspended.

Art. 6. The first part of article 16 is restricted in these terms: No one may be molested in his person, house, or possessions, except by virtue of the order of a competent authority.

Art. 7. The guarantee conceded in article 21, with respect to political offences, is hereby suspended. The general government alone, in case of political offences, can impose correctional penalties, not exceeding one year of seclusion, confinement, or banishment. These penalties shall only be applied in cases where the offenders shall not have been submitted to the judicial authority.

Art. 8. From the moment of taking part, with arms in hand, in favor of whatever political opinion, the offence ceases to be merely political, and becomes merged in those of criminal law.

Art. 9. The second part of article 26 is hereby limited in these terms: In time of war, the military authorities may exact transportation, quarters, and personal service, in the terms directed by the ordinances of war.

Art. 10. The suspension of these guarantees shall continue for the term of six months.

Art. 11. The law of the 6th of December, 1856, with reference to conspirators, is hereby declared to have been and to be in force.

Dated in the hall of sessions of the congress of the Union, in Mexico, the 7th of June, 1861

FRANCISCO DE P. CENDEJAS, Vice President of Congress.

E. Robles Gil, Secretary.

G. Valle, Secretary.

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

Dated in the National Palace of Mexico, June 7, 1861.

BENITO JUAREZ.

The Citizen Leon Guzman, Minister of Foreign Relations and of Government.

And I communicate the same to you for your intelligence and the consequent ends.

GUZMAN.

The Citizen Governor of the Federal District.

Sources
FRUS u2014 Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session of the Thirty View original source ↗
U.S. Department of State, Office of the Historian. Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session of the Thirty.