Romero to William H. Seward, December 8, 1865

Mr. Romero to Mr. Seward

Mr. Secretary: I have the honor of transmitting to you, for the information of the government of the United States, the copy of a note dated 9th November last, at El Paso del Norte, from Mr. Lerdo de Tejada, minister of foreign affairs of the constitutional government of the Mexican republic, enclosing two decrees, issued the previous day by the President of that republic, and the circular of the minister of foreign affairs accompanying them, of which documents I also send a copy.

The constitution of the Mexican republic provides that the presidential term shall be four years. The fourth year of the term of the present President ended on the 30th day of November last.

President Juarez’s recognized and proverbial respect for laws made many friends of Mexican independence fear that when that day arrived he would declare his presidency at an end, and deliver the supreme power of the republic to the president of the supreme court of justice, who performs the duties of vice-president in that republic, as the French invasion had prevented the election of a new president; while the enemies of Mexico wanted him to do it, thinking it would contribute greatly to their success; at least, because it would rid them of one of the strongest defenders of the independence of Mexico.

But the President did not wish to destroy the government of Mexico by conforming to a provision not comprehended in the present case. For along time he had been receiving invitations from many of the most eminent patriots to act as he has done. In making this declaration the government only expressed the national will, and it is certain that the acquiescence of the Mexican people will confirm this resolution, made for the sole purpose of effecting a more perfect defence of national independence. The powers of President Juarez to issue such a declaration are amply sufficient, as you will perceive in the decrees of the Mexican congress, of which I transmit you copies.

I embrace this occasion to renew to you, Mr. Secretary, the assurances of my most distinguished consideration.

Extract from the speech of the President of Congress, at the close of the sessions of that body, on the 13th of December, 1861, after conferring the foregoing extraordinary powers on the executive.

“By a decree congress, before closing its sessions, has authorized the executive in the most ample manner to dictate all measures that he may deem necessary, under the present circumstances, to confront the situation, saving only the national independence and integrity of territory, and the principles of the constitution and of the reform. By this, the greatest proof of confidence that a legislative assembly of the country has ever given to the depositary of the executive power, congress confides to this power the salvation of the republic, because it is convinced that in moments so supreme energy and efficiency depend almost always upon unity of action; and this idea is found also in our fundamental code in the fact which authorizes congress to concede to the executive extraordinary powers.

“Incalculable is the weight which will rest upon the shoulders of the executive; terrible is the responsibility which, from this day forward, he is about to assume upon himself alone; but also immense are the resources which are placed at his control, and unlimited the faculties which have been given to him.

“The sole consideration of the necessity of saving the country decided congress to take this step. Upon the executive it now depends, and upon no other, to save the republic or precipitate it in the abyss.

“The national assembly suspends to-day its legislative labors; but it will remain always on the watch as the sentinel of the public liberties, and ready to return to meet again at the moment when its presence shall be in any manner necessary for the good of the country.

“It will then receive from the executive an account of this power, which to-day it delivers into his hands with so blind a confidence.

“If the foreign question is not settled pacifically; if a scene of war is to be spread out over our country, we will enter into the combat; and the justice of our cause and the love of our country will present, more or less near, but always true and beautiful, a future for Mexico.

“God guard the republic!”

Explanatory article adopted in secret session of Congress on the 13th December, as appears by proceedings afterwards published by order of Congress.

Account was given to a communication from the department of foreign relations, accompanying an initiative, that it might be declared precisely whether in the faculties conceded to the executive by the law of the 11th instant was that of concluding treaties with foreign governments and placing them in force.

It was ordered to be passed to the committee which had already reported on the subject.

The rules were dispensed with, and the following article was adopted by a vote of 60 against 41, viz:

Article 1. In consequence, and resulting from the discussion and adoption of article 2 of the law of the 11th instant, the government is authorized to conclude treaties and conventions, and to place the same in course of execution, without the necessity of the approbation of Congress.

[Translation.]

The articles of the constitution relating to the suspension of guarantees and the grant of extraordinary powers by congress to the executive are as follows: (See constitution in full in diplomatic correspondence on Mexican affairs for 1861, page 140.)

TITLE I.—SECTION FIRST.

Article 29. In case of invasion, grave disturbance of the public peace, or whatever cause which may put society in great peril or conflict, solely the President of the republic, in concurrence with the council of ministers and with the approbation of the congress of the Union, and in the recess of this, of the permanent deputation, may suspend the guarantees established by this constitution, with exception of those that assure the life of man; but such suspension shall be only for a limited time, by means of general provisions, and of such a character as not to favor a determined individual purpose. If the suspension take place during the session of congress, this shall grant such authorization as they shall deem necessary to enable the executive to confront the circumstances. If it shall take place during recess, the permanent deputation shall, without delay, convoke the congress for its advice and action.

TITLE III.—SECTION FIRST—PARAGRAPH THIRD.

Article 72. Congress has the power—

* * * * * * * * *

Thirtieth. Of making all laws which may be necessary and proper to render effective the foregoing powers, and all others conceded by the constitution to the powers of the Union.

TITLE VIII.

Article 128. This constitution shall not lose its force and vigor, even if its observance be interrupted by any rebellion. In case that by means of such an event a government shall have been established contrary to the principles which it sanctions, immediately upon the people recovering their liberty its observance shall be re-established, and, according to its provisions and the laws which have been passed in virtue of it, shall be judged as well those who have figured in the government emanating from the rebellion as those who have co-operated with it.

[Translation.]

Congress closed its session on the 31st of May, 1863, and on the 10th of June the city of Mexico was occupied by the French forces.

Since that time no session of Congress has been held, nor has it been possible for any elections to take place. President Juarez has, therefore, continued in the exercise of the extraordinary powers conferred upon him by the law of 27th May, 1863, and in pursuance of the same and by virtue of article 128 of the constitution, on the eighth day of November last, before the normal expiration of his term, which would have closed on the 30th November of the past year, he issued a decree extending the term of his office, in compliance with the advice and wishes of nearly all the liberal leaders, until the expulsion of the invaders shall permit an election to be held.