[Translation.], November 8, 1865

[Translation.]

Department of Foreign Relations and of Government

The citizen President of the republic has been pleased to address to me the following decree:

Benito Juarez, constitutional President of the United Mexican States, to the inhabitants of the same, maketh known:

In accordance with the ample faculties conferred on me by the national congress, by the decrees of December 11, 1861, May 3, and October 27, 1862, and May 27, 1863, and in consideration—

1. That General Jesus G. Ortega, in July of the year 1863, preferred to undertake the duties of governor of the State of Zacatecas, resigning at the same time the position of constitutional president of the supreme court of justice;

2. That on this account, following the examples of congress, which, on occasion of a vacancy in the office of constitutional president of the court, had once provisionally appointed a president of the court, the government resolved at the city of Chihuahua, under date of November 30, 1864, and declared, as far as was necessary, that General Ortega continued to hold the position of president of the court of justice;

3. That the purpose literally expressed in that resolution was to avoid the danger of leaving the government without a head, by giving to General Ortega a certain and recognized title, in order, if the presidency of the republic became vacant, he might forthwith succeed to the position;

4. That, as it was not in opposition to this purpose, inasmuch as it could be attended to in any part of the republic, the government, on the 30th day of December, 1864, granted to General Ortega the permission which he asked on the 28th, to be allowed to go and sustain by arms the cause of independence in the interior of the republic, with the understanding directly expressed in the permit, in accordance with his own solicitations, that he might be allowed to go directly through Mexican territory, or else pass without delay through foreign soil;

5. That General Ortega subsequently set out, and, in place of merely passing through, according to the express tenor of his permit, has remained permanently, up to this time, in a foreign country, without license or commission, thus abandoning the position of president of the supreme court, under the present serious circumstances of the war, when the danger and inconveniences might have been and may be greater of a want of a head for the government, which, in expectation of his action, had not made any haste to appoint a president of the court, who, in case of a failure of the President of the republic, might take his place;

6. That, in addition to this responsibility for official delinquency in the position of president of the supreme court, he appears, also, to be responsible for another delinquency in failing to obey general orders, inasmuch as, holding a position as general, he has proceeded voluntarily to take up his residence abroad during the war, thereby abandoning the cause of the republic, of its flag, and of the army;

7. That, conformably to article 103 of the constitution, the president of the court is responsible, during his period of office, as well for the official delinquencies, faults, and omissions in the said position, as for common delinquencies;

8. And in consideration, also, that the government can and ought to declare this responsibility, in virtue of the power and ample faculties delegated to it by congress, not nullifying, but in necessary cases justly applying, the provisions of the constitution in reference to the responsibility of public functionaries—

I have decreed as follows:

Art. 1. General Jesus Gonzalez Ortega, for having proceeded to take up his residence in a foreign country during the war actually being waged, without license or commission from the government, appears responsible for official delinquency on account of the voluntary abandonment of the charge of president of the supreme court of justice; and, whenever he presents himself in the territory of the republic, the government will make proper arrangements for instituting judicial proceedings to pass judgment on his culpability, as it shall be made to appear.

Art. 2. In virtue of the ample faculties delegated to it by congress, and applying article 104 of the constitution, the government declares that there are grounds for proceeding against Jesus Gonzalez Ortega; and that whenever he presents himself in the territory of the republic, proper steps will be taken to obtain judgment on the offence involved in the fact, that, while holding the position of general in the army, he proceeded to reside permanently and of his own free accord in a foreign country during the war, without authority from the government, and to the abandonment of the army, of its flag, and of the cause of the republic.

Art. 3. Conformably to practice of congress on other occasions, the government, in the use of its ample faculties, will appoint a president of the supreme court of justice, in order that he may be able to succeed to the position of President of the republic, in case it should become vacant before the government can be turned over to a new president to be constitutionally elected, as soon as the condition of war will allow.

Wherefore, it is ordered that this decree be printed, published, circulated, and have due faith given to it.

Given at Paso del Norte, on the eighth day of November, in the year one thousand eight hundred and sixty-five.

BENITO JUAREZ.

Sebastian Lerdo de Tejada, Minister of Foreign Relations and of Government,

I communicate the same to you for your knowledge, and that it may have due effect.