Senor Don Matias Romero to William H. Seward, February 5, 1866

Mr. Romero to Mr. Seward

Mr. Secretary: I have the honor to transmit to you, for the information of the government of the United States, a copy of a letter which Señor Lerdo de Tejada, the minister for foreign affairs of the government of Mexico, addressed to me under date of January 4th last past, (No. 1,) transmitting to me a copy of the second number of the official organ of the Mexican government published on the same day at Paso del Norte, containing several official documents relative to the desertion of General Don Manuel Ruiz, who protested, on the 30th of November last, against the decree of the Mexican government of the 8th of November, which declared the term of the constitutional President of Mexico to be extended until a new election can be held in that republic. I enclose you a copy of that paper.

I take the liberty of calling your attention to the communication which Señor Lerdo de Tejada, the minister for foreign affairs and government of the Mexican republic, addressed to the minister of justice on the 7th of December following, in relation to the protest referred to.

I avail myself of this opportunity to renew to you, Mr. Secretary, the assurance of my most distinguished consideration.

Protest of Don Manuel Ruiz.

Sixth Constitutional Ministry of the Supreme Court of National Justice.

This day brings to a close the usual constitutional term of office of the acting President of the republic, as set forth by article 80 of the federal constitution.

From to-morrow the supreme executive power of the nation can only be legally exercised by the acting president of the supreme court of justice, or by the constitutional minister who, as acting President, legally assumes his duties, and for cause. By this statement it will be seen that the prorogation of the constitutional term of office which the acting President has taken upon himself to accord by his decree of the 8th instant does not bestow upon him the right of continuing in the exercise of the supreme national power, inasmuch as such proceeding is in direct violation of the sense of the constitution, as well as prejudicial to the honorable discharge of the functions invested in him by the decree of October 27, 1862.

The general constitution, by article 82, decrees in the most explicit manner that at the clos of the ordinary term of office of the President of the republic, whatever obstacle may arise preventing the election of a successor, or the instalment of the President elect, the supreme power shall invariably be intrusted to the hands of the president of the supreme court. The law of October 27, cited above, does not in any emergency authorize the executive to prorogue the national term of office, nor deprive the rightful depositary of the supreme power of his privileges, nor appoint a successor to whom can be passed the rights and liberties of the nation. On the contrary, by that decree he is commanded to preserve inviolate the form of government laid down by the constitution, and forbidden to take such measures as would, lead to the violation of chapter four of the constitution relative to the rights and duties of public officials. It being evident that the orders contained within the several decrees of the 8th instant violate the general constitution and secondary laws, men of honor and conscientious citizens, those who would deserve from the nation a vote of high confidence, those who have placed faith in the principles that have been so dearly bought, those who trust in the salvation of the country by a strict enforcement of the laws, and who would not behold their dearest hopes shattered by one blow, must see that it is their imperative duty not only to protest against the usurpation of the national power, whatever may be the emergency referred to as a pretext for such illegal action, but must abstain from taking any part in public affairs until the supremacy of the law be asserted and order re-established.

For these reasons, from this ministry, I, acting as constitutional minister of the supreme court of justice, and protesting by a solemn protest against the flagrant violation of the fundamental and secondary laws of the divers decrees of the 8th instant, do hereby announce my retirement to private life, and my intention to support my family by my personal exertions, taking to my home a tranquil conscience that tells me that I have acted justly and done my whole duty.

I trust, sir, that you will present this epistle to the acting President of the republic, informing him that my determination does not in the least affect the sentiments of peculiar esteem that I have ever professed to entertain for him.