No. 271.
Mr. Nelson to Mr. Fish.

No. 477.]

Sir: I inclose a translated copy of a decree that was adopted by the congress of the State of Oaxaca, on the 9th instant, and signed by the governor, Felix Diaz, the brother of General Diaz.

I am, &c.,

THOMAS H. NELSON.
[Inclosure.—Translation.]

Decree of the Congress of the State of Oaxaca.

secretary’s office of the state of oaxaca.—section 3—government.

The citizen governor of the State has been pleased to address to me the decree that follows:

“Felix Diaz, general of brigade and constitutional governor of the free and sovereign State of Oaxaca, to its inhabitants: Know ye, that the congress of the same State has been pleased to decree the following:

decree no. 27.

“Considering that in the federal elections of last June and July the agents of the executive power having had recourse to violence, to bribery, and to falsification, deprived a great portion of the Mexican people of all liberty;

“That since the first preparatory meeting in the revision of powers and in the installation of the congress it has failed in the orders of the law, arbitrarily excluding many legitimate representatives, and giving a seat in the chamber to others without legal right;

“That in the computation of votes for the presidency of the republic, more than a million of the inhabitants have been left without votes, and more than fifty districts without representation;

“That the parliamentary majority, created by these means, is entirely factitious, and that the endeavors of the legitimate representatives who remain in the chamber are powerless to save the public liberty and institutions;

“That the present change of the federal executive and his agents in the congress propose to destroy the sovereignty of the States, centralizing all the powers under the pretext of authorizations, which greatly exceed the spirit of the 29th article of the constitution;

“Considering, lastly: That the civil war has broken out in all the extension of the republic, and that, between the people who are rising, in defense of their rights, and the usurpers of suffrage, the State of Oaxaca has the duty to go out in defense of its constitution and of its laws, the congress of the same State decrees:

  • Article 1. The free and sovereign State of Oaxaca re-assumes its sovereignty, and protests its respect to the federal constitution of 1857.
  • Article 2. It invites the other States of the republic to provide for the reconstruction of the federal powers, by means of an assembly of representatives popularly elected by the same States.
  • Article 3. To the executive of the State there is given the faculty to provide for the emergencies of the situation.

“Given at the palace of the supreme powers of the State of Oaxaca, the 8th day of November, 1871.

“F. GARCIA, President.

“S. LUENGAS.

“GABRIEL SERRANO.

“M. JIMENEZ.

“ALBINO ZERTUEHE.

“J. FENOCHIO.

“JOSÉ MARIA YRIGOYEN.

“A. CASTILLO.

“M. SAENS PARDO.

“J. ITURRIBARRIA.

“JOSÉ MARIA PARDO.

“FRANCISCO CARRANZA.

“A. RAMOS, Secretary.

“J. MUNOZ, Secretary.

“And I order the foregoing to be printed, published, circulated, and complied with.

“Palace of the constitutional governor of the State. Oaxaca, November 9, 1871.

“F. DIAZ.

“To Citizen Albino Lopez,
chief Clerk charged with the Secretary ship of the State”

And I communicate it to you for your knowledge and consequent effects.

Country and liberty!


ALBINO LOPEZ,
Chief Clerk.

To the political chiefs of—.