Letter

Lerdo de Tejada to The Citizens Deputies Secretaries of the Congress of the Union, May 6, 1868

Initiative of the government asking the re-establishment of the law of the 25thof January, 1862.

I had the honor to-day to read to congress a communication dated the 2d instant, of which I inclose a copy, addressed to me by telegraph by the governor of the State of Jalisco, with reference to arrest en flagrante delicto, and with documents proving their guilt, of some conspirators against the general institutions of the nation, and against the legitimate authorities of the same, and those of the State.

The governor inquired if he should proceed, as they have continued to proceed in the State, in cases of like nature, in conformity with the law of the 25th of January, 1882, or in conformity with that of the 6th of December, 1856; urging the necessity of proceeding against the authors of the conspiracy with the greatest activity, and with all the rigor that the laws permit.

I have verbally explained to congress to-day the grave considerations which lead the government to believe that the congress of the Union should be pleased to declare in force for some time the law of the 25th of January, in order that the crimes that are repeated against order and the public peace, and against individual guarantees, may be repressed.

When the military operations of a prolonged war, which has profoundly moved all society, are but just terminated, it is inevitable that for some time it should be sought to place in action divers elements to disturb it.

We are sufficiently fortunate in enjoying more order and peace than under other similar circumstances; but the germs of revolution not being completely extinguished, it is necessary to direct all our foresight and energy to their extirpation, and to impede the return of the grave evils we all deplore.

Besides what has occurred in Yucatan, Guerrero, and Sinaloa, civil war is beginning to show itself in in Puebla and Jalisco, at the same time that the kidnappings that are taking place paralyze and terrify society. As much or more than any other time the government hastens to the points of danger; the principal roads are guarded and made safe, and the police of the cities is being improved so far as is possible.

Nevertheless, it is impossible to guard every place, where crimes plotted by the incentive of great interests may be perpetrated; and the criminals are encouraged by the hope that if apprehended an imperfect administration of justice may afford them impunity. After so great disturbances it is not to be expected that the regular and efficacious action of the tribunals should be improvised in all parts of the country.

Nothing is further from the intention of the government than a desire to establish a system of bloodshed, which besides being iniquitous would be impolitic. On the contrary, when it was armed with all the power of a dictatorship, it put in practice a very lenient system, limiting the severe application of the laws to a very small number of the principal culprits. Otherwise, every class of society would have been left without guarantees, as has often happened among us, through the desire of conceding excessive guarantees to great criminals. The experience of more than fifty years teaches us what we arrive at by that means.

The vote of a great majority of the chamber on the proposition which was to-day presented to it, by some of its members, indicates that it may be the will of congress to declare theiaw referred to to be in force; and for this reason the government has thought that it should suspend its answer to the governor of Jalisco for the few days necessary for congress to declare its determination.

The citizen President of the republic has therefore directed, in unanimous accord with his ministers, that I address, as I have now the honor to address to congress, the following initiative:

PROJECT OF LAW.

Sole article.—The law of the 25th of January, 1862, respecting crimes against the nation, order, the public peace, and individual guarantees, is declared to be in force until it be repealed by the congress of the Union.

S. LERDO DE TEJADA.

The Citizens Deputies Secretaries of the Congress of the Union.

Sources
FRUS u2014 Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Third Session of the Fortiet 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 Third Session of the Fortiet.