Lerdo de Tejada to The Citizen, December 7, 1865

[Translation.]

DEPARTMENT OF FOREIGN RELATIONS AND GOVERNMENT, OFFICE OF GOVERNMENT—SECTION FIRST.

With yours of yesterday I received the protest of Manuel Ruiz, sent to you from Hidalgo del Parral the 30th of November last, relating to the decrees of the 8th of November, issued by this department, prolonging the term of the President of the republic, according to the constitution, so long as the war prevents a new constitutional election, and to the responsibility of General Jesus G. Ortega, who was president of the supreme court of justice.

As Mr. Ruiz announced, in his protest, his submission to the invader, it was impossible to send him a reply. And a reply to him was unnecessary, as his protest contains no argument against the circular and the published decrees, but only consists of general terms, without the least reason. It is evident from his protest that he did not even consult the text of the law of October 27, 1862, which he pretends to quote, for it was in the law of 11th of December, 1861, that were to be found the terms to which he referred, in which the national Congress grants extraordinary powers to the President.

Mr. Ruiz was certainly selfish, and wanted to assume the powers of constitutional magistrate himself; but without the least reason.

Articles 79 and 82 of the constitution, the only ones relating to the supplying the President’s place, indicate the president of the court of justice, and no other magistrate, as capable of filling the place accidentally. The constituent congress at the same time formed the constitution and the organic law of elections, the 3d of February, 1857, where, in articles 43, 45, 48, and 52, it is decreed that at the general elections deputies to the national congress shall be elected on the first day, a President of the republic and president of the supreme court of justice the second day, and magistrates to the number of ten, with four supernumeraries for the same court, on the third day. In this manner the organic electoral law, according to the constitution, united the election of president of the republic and president of the court, so the people could choose at the same time two officers, one of which was to supply the place of the other in case of accident; and putting off the election of magistrates, who were only to occupy positions as judges, till the next day.

So, then, the constitution established by this electoral law that there should only be one vice-president of the republic, and not fifteen aspirants to that place, It is well known that when a motion was made in congress to allow magistrates to supply the place of President of the republic, in case of the default of the president of the supreme court of justice, the proposition was unanimously rejected. Thus the matter was settled, beyond a doubt; and for that reason the government, in the decrees of the 8th of November, did not think it worthy of mention.

Besides the want of foundation of the protest, we must consider the conduct of him who made it. If Mr. Ruiz had really believed it wrong to prolong the duties of President, he could have protested against it, and not considered it his duty to go and submit voluntarily to the enemy for that reason. He could not allege fear of persecution as long as he remained in places subject to the government of the republic, for his high offices as magistrate and general protected him; and he well knew that the government always permitted the most liberal opinions, provided they were not inimical to the country. As an instance of this, the government permitted Mr. Ruiz to declaim against the decrees long after they were promulgated, and wherever he went.

When the seat of government was moved in August last from this city to Paso del Norte, Mr. Ruiz said, at the beginning of September, that he was determined to return to this city, and thence to the city of Mexico to join his family. This was well known, for he did not hesitate to tell it to everybody attached to the government. He even fixed the day of his departure, and continued to put it off, sometimes on account of the solitary roads, till he heard that this city was to be evacuated. He then pretended to delay his departure on account of health and for want of means, as the circumstances of the government at El Paso did not permit it to pay its officers their usual salary.

All who accompanied the government well know that Mr. Ruiz intended to join the enemy as early as the first of September, two months before the issue of the decrees mentioned, and no one doubts but that he used the protest as an excuse for his desertion of the national cause. It was also well known in San Luis, Saltillo, and Monterey that he was hunting excuses to oppose the government, encouraged those who did censure it, and was ready to accept any pretext for his conduct, and go over to the enemy.

The government made no attempt to prevent him, because it never washed to force any one to adhere to it, but left it to the free-will of those who would stand by it voluntarily in times of trouble.