Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Third Session of the Fortieth Congress
Mr. Plumb to Mr. Seward.
Sir: With dispatch No. 133, of the 25th ultimo, I transmitted to the department translation of a law passed by the Mexican congress on the 6th of that month, suspending certain constitutional guarantees and giving to the executive certain powers for the maintenance of public order; and I alluded to the prolonged debate that had taken place upon the subject, both in congress and in the public press.
While the debate was in progress, the government, not content with its first initiative, recommending the readoption of a portion of the law of the 25th of January, 1862, availing of or under the spur of a conspiracy discovered in Guadalajara, made a further initiative to congress, and recommended the declaring in force of the whole of that law, as originally decreed.
The communication making this latter initiative on the part of the government was addressed to congress by the minister of foreign affairs, Mr. Lerdo de Tejada, then acting also as minister of government, and the initiative was followed up by a series of editorial articles in the Diario Oficial, the official organ of this government, which is as entirely under its control as is the Moniteur of Paris under that of the government of France.
The importance of the communication thus addressed by the government to the congress of the Union, and of some of the editorial articles referred to, as presenting an authentic statement of the situation of the country, and of the desires and policy of the government, has led me to deem it desirable to transmit translations of the same to the department, which I now accompany herewith.
I have the honor to be, very respectfully, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
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 [Page 489] 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.
The Citizens Deputies Secretaries of the Congress of the Union.
The law of the 25th of January, 1862.
The first obligation of every government and people is to uphold the constitution they may have accepted, and therefore the essential duty of the government, and of the people governed, is to preserve the public peace, in order that the constitution may subsist, because without the one the other cannot be established, and, on the contrary, what should be put into practice always remains a theory. A constitution sanctioned by a majority of the votes, or the unanimous will of the nation, must be obeyed and respected, and the constitution itself determines, or ought to determine, what shall be done with the infractor of its principles; or, in other words, being the supreme law of the land, it must be respected either by will or force, and whoever seeks to make war against it should receive the corresponding punishment.
Constitutionalism consists in carrying the constitution into practical effect, without using either leniency or vigor, but by enforcing obedience to the law in accordance with what the law itself prescribes. But to defend rights by words against an enemy who avails himself of actions is not reasonable, nor has the legislator so thought, for it does not lead to the end proposed, which cannot be any other than that of making an effective reality of the constituted order.
The citizen contracts a moral and legal obligation with society and the tribunals, not only not to commit infractions against the fundamental code, but to fulfill all its precepts; and his obligations extend to contributing with his efforts to cause it to be respected by all other men.
Whoever places himself without the constitution places himself beyond the pale of the law, and he cannot claim the same treatment as one who remains within it; or, admitting that he be not considered as without the pale of the law, he at least remains [Page 490] subject to the penalties which the latter may have assigned against the disturbers of the public order.
To preserve the constitution it is necessary to make it effective, and there is no other way except that of enforcing the obedience of those who by their conduct do not permit its strict observance; as, in order that there should be a constitution, it is indespensable that there should be order, this precious gift has to be sought not only by the means of preventative measures, but also by those that are repressive, because the first necessity is the common welfare, and this would not be possible if the prerogatives of individual liberties were not guaranteed against the attacks of the despotism of discontented minorities, who have recource to arms to prevent the masses from enjoying their rights.
Judicial proceedings are open to the good and the bad without distinction, so long as the public peace is not disturbed and the constitution is not attacked by force; but from the moment that resort is had to disorder and to combat, and for this military bands are organized, it is altogether unquestionable that such proceedings are to be militarily dealt with, as an attitude of war against the nation is assumed.
Modern enlightenment often recommends moderation in the action of the law in cases of common crimes, and even in serious ones when it is not feared that their consequences may endanger the safety of the state; but whenever great risks exist that public and private interests may be compromised, as what is most urgent is the preservation of peace and order, good sense and the law impel governments of every kind to punish severely such parties as take a pleasure in impeding the progress and prosperity of the honest portion of society.
Highway robbery by armed bands is a crime which by its own character merits the greatest penalty the law assigns, because, besides being wanting in all that humanity instinctively inspires, it introduces iniquities and torments which martyrize and impoverish individuals, which carry ruin and bloodshed into the towns, and which degrade the nation. Universal law condemns to the penalty of death all who rob and murder in towns and inhabited places, after a proper trial, according to the process peculiar to each country; but to rob and kill on highways and uninhabited parts in bands, and to carry their boldness even to threatening the repose of cities and states, is a matter which demands a quicker and more energetic punishment, not only in seeking a penalty proportionate to the crime, but because delay in the action of justice may occasion evils of greater transcendency, and therefore the best and least cruel way is to avert from its commencement the necessity for war and slaughter on a larger scale, which are things repugnant to governments and enlightened peoples.
These and other analogous reasons have undoubtedly been those which have led the government of Mexico to propose to the sovereign congress that it should take into consideration the law of the 25th of January, 1862, so that if it should deem it advisable it should declare it to be in force, as it has not been abrogated; and in order that, in consideration of what is actually passing in various parts of the republic, measures may be rapidly and energetically taken for stifling at the commencement that spirit of anarchy which already begins to show itself with a threatening aspect.
The interest of the government in this question is the same as that felt everywhere by loyal and honest citizens, and is no other than that of the re-establishment of order and the preservation of peace, so that industry, commerce, agriculture, and arts and sciences may prosper, and that a constitution which has cost the nation so much bloodshed and wealth may be duly observed throughout the country.
Pacification of the country.
The great question of the day in the periodical press, and in all circles, both public and private, is solely that of the necessity of immediate proceeding to the pacification of the country. There is not a single person who does not agree that reorganization is absolutely impossible if, as up to the present time, the system be continued of simply using words, when the greatest promptness and energy of action is required. Under such circumstances the government has submitted to the consideration of Congress a repressive law, against the abuses which are already being, with too great frequency, committed in various parts of the republic. This has provoked, as was natural, a discussion, in which some in good faith, and others according to their intentions, find faults and merits in the law in question, without a determination having yet been arrived at as to what may be best for repressing and chastising crime.
A proper spirit in general certainly prevails; but as things are not looked upon in the same manner by all, there are some who are of opinion that it is not yet time to apply penalties in all their rigor, and that perhaps it would be better to resort to the last [Page 491] remedy, when the patient is at the final stage of his sickness, and that in the mean time we should use the lenient system, which is opposed to the shedding of blood. But there are others who believe that, in consideration of the common dangers, opinion will not delay in becoming unanimous, as far as it is possible, and that finally, what may be most condusive for guaranteeing individual security and securing public order will be decreed. The definitive decision is pending between two factions of the representatives of the people, who hold different views on the same subject. And thus, while some call themselves constitutionalists, and believe that the constitution itself contains the elements which will cut the evil short, others also call themselves constitutionalists, and believe that to be able to preserve the constitution it is necessary to treat insurgents as enemies to the fundamental charter, which authorizes no one to make war upon it.
There is, then, one common object of regard, which is the constitution; and the manifestation of affection for it consists, that some consent to save the object of their predilections without availing themselves of all the force it authorizes in the repelling of those who attack it; and others, on the contrary, will not admit that, on any pretext or in any manner, it shall be treated with disrespect.
All society is interested that this polemic be at once terminated, and that the guarantees be guaranteed which are promised by the constitution, and that the constitution itself be secured on solid basis, as it is, indeed, extremely painful that the people cannot enjoy the rights they have acquired, but are daily threatened by the despotism of kidnappers, and the insufferable tyranny of those who make a business of revolution, rendering impracticable the beautiful theories of our system of government.
It is repeated, even to satiety, but unfortunately without any use, that the only thing that we want is peace, as with that would come spontaneously all the other blessings of the earth; and, nevertheless, we wish it to subsist without severely repressing the habit of rebellion, and without extirpating the custom of highway robbery. The resources of the government and of the country will become exhausted, as has been the case at other periods, and there will be no means of transporting from point to point, the troops that may be necessary to send to those places where anarchy has been propagated; and, what is worse, for want of means the soldiers become demoralized, and moreover it will never be possible to see realized the idea of presenting ourselves before the whole world as a nation without bayonets.
Our occupation will become the same as that of the women, condemned, according to the Grecian mythology, to be forever filling with water vessels that can never be filled, and our labor will not be concluded for many generations. It has not been the purpose of the government, in submitting the law of the 25th of January, 1862, to the wisdom of congress, that abuses should be introduced, which the government itself has endeavored to avoid; nor has it urged that it should be made general, over the whole republic, but solely that it be declared in force in so far as it relates to great criminals who cannot, by any humane means, be reduced to obedience and to respect for the constitutional order. Any other interpretation in a different sense is inexact.
The great care of the government is to weigh its present and future responsibilities, and make the laws of the nation respected, both abroad and at home, so as to promote the happiness of those who live within its territory, and to acquire a glorious name throughout the civilized world.
No enterprise of material advancement, of real importance, can be undertaken, because not only are the public funds day after day consumed in the interminable arrangement of intestine dissensions, but because the fountains of general wealth are paralyzed by the want of confidence, the insecurity of property, and the danger to which the lives of pacific citizens are exposed.
Neither can attention be directed to what conduces to labor and commerce, because the inhabitants have scarcely time to protect themselves against disturbances, kidnappings, and robberies. Thus, in a situation so perilous for all social interests, would it, perchance, be imprudent to positively protect the honest man and severely punish the bandit? It would be desirable that the ordinary means should suffice for suppressing crime, and not to be under the necessity of having recourse to more rigorous measures; but it is proved that by this means we cannot succeed in deterring the hordes of highway robbers from their profession of plundering, of violations, and of pillage; neither can those be converted who pass all their lives in rebelling against whatever order may be established.
It is, therefore, indispensable definitively to secure, with all energy, tranquillity in Mexico, in order to give life to the country, and to affront the snares of the enemy, as well as all the eventualities of the future.
The application of exceptional punishments is not asked for all the inhabitants of the republic, but solely and especially for such incorrigible beings as do not allow society to progress, and who will not co-operate in the development of industry and the encouragement of commerce. Therefore no one who does not enter into the ranks of the evil disposed has anything to fear, as it is evident it is not contemplated to establish for the future what is at the present time sought to be terminated. The government has [Page 492] given sufficient proofs that its deliberate purpose is no other than that of maintaining order and tranquillity, demonstrating, whenever it has been able, that the balance of justice only inclines to the side of law, and that its only desire is that neither natives nor foreigners shall think lightly of the constitution of Mexico; that it shall be respected in every sense of the word and that it shall no longer be left exposed to the repeated attacks of those who are without country, and who recognize no power but their own caprices, and no influence but their political hatreds.
Peace.
The general clamor still continues of all who feel an interest in the welfare of the country, asking for the energetic suppression of the disturbances and crimes which unceasingly continue to take place, and are gradually involving all society in uncertainty, uneasiness, and alarm; and what inspires real discontent, and the greatest distrust, is not only what is happening at the present moment—although the actual state of things is sufficiently unfavorable—but what will infallibly occur in the future if the propagation of the evil be not checked at its commencement.
Hence it is that all acknowledge the imperious necessity of stifling forever the voice of anarchy, in order that the future of the nation may be as serene and beautiful as the past has been stormy and sorrowful.
In the state of affairs that at present exists, although with difficulty, and at the cost of pecuniary sacrifices, a pacification might be attained, if not absolute at least relative, were earnest endeavors made to cut up by the roots the evils which have lately again threatened us for the hundredth time; yet it is necessary to bear in mind, that the more the action of justice is hastened, the quicker and greater will be the benefit accruing to the country in general, and justice must be exercised with a strong hand, for the system of consideration and extreme kindness cannot correct those who are steeped in crime and have acquired a second nature of evil, and who constantly act perversely.
What is of the highest interest is to save society which is threatened; for if the problem of life or death be left to the slow resolution of time, opportunity will be afforded for the propagation of those incalculable evils of which we have continually to complain, and to a certain extent a chance will be given to the evil-doers to complete their work of destruction.
Prudence recommends the avoiding of delay when dangerous situations begin to present themselves, for the simple reason that it is easier and less expensive to struggle against a few than against many, and because as soon as passions arise and hostile elements accumulate in great proportions, it is clear that it becomes indispensable to make preparations in the same sense, which occasions expenses and disorders of every kind, sufficient to overcome not only peoples not yet organized, but the strongest and most wealthy nations, and this is the extreme we ought at all costs to avoid, in order not again to sink into the abyss out of which we have just emerged with so much martyrdom and so lamentable a history. If we were treating only of the suppression of such common crimes as remain after intestine dissensions in all countries, it would be well to use leniency towards the guilty, according as the case and circumstances might demand; but as that against which opposition is to be made is the constant state of war which fratricides maintain and wish indefinitely to perpetuate, it appears reasonable to procure peace through such means as, for such cases, are authorized by the laws of all nations, and tp respond to the disturbers of the public order with the same arms of which they avail themselves. This must be done in order not to permit the continuance of evils into which an enlightened nation should not be led.
As the general opinion throughout Mexico is that it is now time to pacify the republic positively, and not imaginarily, this opinion should without delay be respected, and the cry of the honest inhabitants should be responded to by sincere and vigorous activity.
The merchant, the artisan, the farmer, the man of business, families, the majority, in short, of the inhabitants, demand personal safety and real guarantees against being the victims of pillage, demoralization, robbery, and assassination; and it is the duty of government to protect them in their properties and their lives, by extirpating the bands of highway robbers who, under different pretexts, oppress society, imposing upon it their despotic measures, and killing those who refuse to follow their plans.
It being the common interest to save ourselves from a situation as precarious as irksome, as prejudicial as discreditable, what can be more just and proper than to apply to the patient the only remedy that experience has shown to be efficacious, and to [Page 493] make ourselves respected by our own people and by foreigners; endeavoring at the same time to develop the elements of wealth, which up to the present period have been paralyzed by disorders and a spirit of systematic insurrection.
Public criticism having thus judged the present circumstances, it only remains to use the utmost rigor against those who have no other rule of conduct than their personal ends; and we trust there will be no one who will not sustain the idea of applying the law, with all its severity, against those who maintain themselves in a constant state of war against the country, and who prevent the constitution of the United Mexican States from being carried into practical effect.
The present situation.
The public again saddens at the thousand rumors of pronunciamentos which incessantly circulate. Confidence in peace is being lost, and fears are unreservedly spread of a fresh war, arising from local questions which have sprung up in almost all of the States. This causes not only grief, but profound affliction in every breast, and on that account do the immense majority of the country cry out that the government, with extraordinary faculties, or without them, with the law of the 25th of January, or with those in force, should display the utmost energy in extirpating the causes of new calamities.
We are told that yesterday congress held no session. It is said that the day before, the minister for foreign affairs set forth in strong terms, during a secret session, the gravity of the situation, and that to-day some resolution will be come to respecting the initiative of the government for repressing the disturbers of the public peace, kidnappers, and assassins.