Translation:Provisional Statute of the Mexican Empire

MAXIMILIAN, EMPEROR OF MEXICO:

In order to prepare the definitive organization of the Empire, having heard Our Councils of Ministers and State, WE DECREE as follows:

Title I. Of the Emperor and the Form of Government.

Article 1.

The form of Government proclaimed by the Nation, and accepted by the Emperor, is the moderate hereditary monarchy, with a Catholic Prince.

Article 2.

In the event of death or any other event that renders the Emperor unable to continue exercising power, the Empress, his august spouse, shall assume, ipso facto, the Regency of the Empire.

Article 3.

The Emperor or the Regent, upon assuming power, shall swear in the presence of the great Bodies of the State, under the following formula: "I swear to God, on the Holy Gospels, to do everything in my power to promote the well-being and prosperity of the Nation, defend its independence, and preserve the integrity of its territory."

Article 4.

The Emperor represents the National Sovereignty, and until otherwise decreed in the definitive organization of the empire, exercises it in all its branches either personally or through public authorities and officials.

Article 5.

The Emperor governs through a Ministry, composed of nine Ministerial Departments, entrusted to:

• The Minister of the Imperial Household;
• The Minister of State;
• The Minister of Foreign Affairs and Navy;
• The Minister of Governance;
• The Minister of Justice;
• The Minister of Public Instruction and Worship;
• The Minister of War;
• The Minister of Development;
• The Minister of Finance.

A law will establish the organization of the Ministries and designate the branches to be entrusted to them.

Article 6.

The Emperor also consults the Council of State on matters related to the formation of laws and regulations, and on any consultations he deems appropriate to address.

Article 7.

A special Tribunal of Accounts shall review and scrutinize all the accounts of the Nation's offices and any other of public interest submitted to it by the Emperor.

Article 8.

Every Mexican has the right to an audience with the Emperor and to present their petitions and complaints to him. For this purpose, they shall approach his Cabinet in the manner provided by the respective regulations.

Article 9.

The Emperor shall appoint, when he deems it appropriate and for as long as he deems necessary, Imperial Commissioners who shall head each of the eight grand divisions of the Empire to oversee the development and good administration of the Departments that make up each of these grand divisions.

Additionally, he shall appoint inspectors to travel on his behalf to Departments or places deserving of a visit, or to inform him about a specific office, establishment, or business requiring effective remedy.

The prerogatives and powers of these officials are established in the decree of their creation.

Title II. Of the Ministry.

Article 10.

Ministers take office in the manner provided for in Title XVII. The Emperor administers the oath of office to the Minister of the Imperial Household and the Minister of State, and the latter to their other colleagues in the presence of the Emperor.

Article 11.

A regulation establishes the days of ordinary sessions of the Council of Ministers and the order to be observed therein. Another regulation establishes good order and service in the Ministries, specifies the days and hours of Ministers' audiences, and prohibits them from involving themselves in the handling of matters not pertaining to their departments.

Article 12.

Ministers are responsible under the law and in the manner determined by it, for their common and official offenses.

Article 13.

In the event of absence, illness, or vacancy of a Minister, the Emperor shall appoint the one to replace them, or authorize a decree for the Undersecretary of the department to handle the temporary dispatch of business, in which case they shall attend the Council of Ministers with the same prerogatives as the Ministers.

Title III. Of the Council of State.

Article 14.

The formation, powers, and appointment of the Council of State are determined by the law of its creation.

Title IV. Of the Courts.

Article 15.

Justice shall be administered by the Courts determined by organic law.

Article 16.

Magistrates and Judges appointed as irremovable may not be removed except as provided by organic law.

Article 17.

Magistrates and Judges in the exercise of their judicial functions shall enjoy absolute independence.

Article 18.

The Courts may not suspend the execution of laws or make regulations. The hearings of all Courts shall be public unless publicity is dangerous to order and good morals, in which case the Court shall declare it so by prior agreement.

Article 19.

In no civil or criminal trial shall there be more than two instances, without prejudice to the appeals for review and nullity authorized by the laws.

Title V. Of the Court of Accounts.

Article 20.

The examination and settlement of the accounts mentioned in Article 7 shall be carried out by a Court of Accounts with judicial authority.

Article 21.

The jurisdiction of the Court of Accounts extends throughout the Empire. This Court has exclusive jurisdiction over matters within its competence, and there is no appeal from its decisions to another Court. It resolves matters relating to the accounts but does not proceed against those responsible for them, instead referring them to the competent Judge; however, it may compel officials to submit the accounts they are required to present. It oversees the strict observance of the budget, communicates with the Emperor through the Ministry of State, and its members and President are appointed by the Emperor.

Title VI. Of the Imperial Commissioners and Visitors.

Article 22.

The Imperial Commissioners are temporarily instituted to prevent and correct abuses that may be committed by public officials in the Departments; they investigate the progress of administrative order, exercising the special powers entrusted to them by the Emperor in their instructions in each case.

Article 23.

Visitors travel through the Department; they visit the City, Court, or Office assigned to them to report on the points outlined in their instructions or to rectify a specific error or abuse committed, the knowledge and examination of which are entrusted to them. Visitors, whether general visitors to the Departments or specific ones assigned to a specific location or issue, exercise only the powers conferred on them by the Emperor in their appointments.

Title VII. Of the Diplomatic and Consular Corps.

Article 24.

The Diplomatic Corps represents, according to the law, the Imperial Government abroad, to vigorously defend and safeguard the interests and rights of the Nation, promote its greater prosperity, and protect Mexican citizens especially and effectively.

Article 25.

The Consular Corps protects national commerce in foreign countries and contributes to its prosperity according to the law.

Article 26.

A special law shall regulate the Diplomatic and Consular Corps.

Title VIII. Of the Maritime Prefectures and Port Captaincies.

Article 27.

There shall be Maritime Prefectures and Port Captaincies, the number, location, and organization of which shall be determined by law. The Prefectures oversee the execution of laws, decrees, and regulations concerning the navy, as well as the proper exercise of maritime justice. The Port Captains are responsible for all matters relating to port and harbor police and the enforcement of maritime regulations on navigation and commerce.

Title IX. Of the Political Prefects, Sub-prefects, and Municipalities.

Article 28.

The Prefects are the Emperor's delegates to administer the Departments entrusted to them, and they exercise the powers defined by law.

Article 29.

Each Prefect shall have a Departmental Government Council, composed of the most prominent judicial official, the Revenue Administrator, a landowning farmer, a merchant, and a miner or industrialist, as best suits the interests of the Department.

Article 30.

The powers of the Departmental Council are:

1. To give opinions to the Prefect on all matters when requested.
2. To promote means to curb abuses or introduce improvements in the condition of the towns and in departmental administration.
3. To adjudicate administrative disputes according to the law.

Article 31.

The Council shall establish regulations governing the days of its sessions and other matters concerning its internal organization, which it may implement immediately, subject to review by the Ministry of Governance.

Article 32.

The ordinary residence and seat of government of the Prefect shall be in the capital of their Department, without preventing frequent visits to other places in the same Department.

Article 33.

The Prefects shall be appointed by the Emperor, and their temporary absences shall be covered by the substitute designated for each Department to replace them.

Article 34.

In each District, the Sub-prefects are the Imperial power's sub-delegates and the representatives and agents of their respective Prefects.

Article 35.

The appointment of Sub-prefect shall be made by the Departmental Prefect, subject to the Emperor's approval.

Article 36.

Each population shall have its own municipal administration commensurate with the number of its inhabitants.

Article 37.

Municipal administration shall be the responsibility of the Mayors, Ayuntamientos, and municipal commissioners.

Article 38.

The Mayors shall exercise only municipal powers. The Mayor of the capital shall be appointed and removed by the Emperor; the others by the Prefects in each Department, subject to sovereign ratification. Mayors may resign their office after one year of service.

Article 39.

The powers of the Mayors shall include:

1. Presiding over the Ayuntamientos.
2. Publishing, communicating, and enforcing laws, regulations, or superior provisions of any kind.
3. Exercising in the Municipality the powers entrusted to them by law.
4. Representing the Municipality judicially and extra-judicially, contracting on its behalf, and defending its interests as provided by law.

Article 40.

The Emperor shall decree municipal taxes based on the projects submitted by the respective ayuntamientos. These projects shall be submitted to the Government through the Department Prefect, with a report.

Article 41.

In towns with more than twenty-five thousand inhabitants, Mayors shall be assisted in their duties and temporarily replaced by one or more lieutenants. The number of lieutenants shall be determined by law.

Article 42.

In towns where the Government deems it appropriate, a lawyer shall be appointed to serve as Advisor to the Mayors and perform the functions of Prosecutor Attorney in the lawsuits that the Municipality must support. This Advisor shall receive a salary from the Municipality.

Article 43.

Ayuntamientos shall constitute the Municipal Council, shall be popularly elected by direct vote, and shall be renewed by half each year.

Article 44.

A law shall designate the powers of municipal officials and regulate their election.

Title X. Of the Military Division of the Empire

Article 45.

The territory of the Empire shall be divided, according to the law, into eight military divisions, entrusted to Generals or Commanders appointed by the Emperor.

Article 46.

It is the responsibility of the Commanders of the territorial divisions to exercise energetic and constant supervision over the troops under their command; to observe the regulations of police, discipline, administration, and military instruction, ensuring with effective diligence everything that concerns the well-being of the soldier.

Article 47.

A special military regulation shall determine the powers in command and relations between the Division Commanders and the forces in motion.

Article 48.

Military authority shall always respect and assist civilian authority: it shall not demand anything from citizens except through it, and it shall not assume the functions of civilian authority except in the extraordinary case of declaring a state of siege according to the provisions of the law.

Article 49.

In fortified places, entrenched camps, or locations where it is necessary to proclaim martial law or declare a state of siege, a special provision shall designate the guarantees to be enjoyed by their inhabitants.

Title XI. Of the Directorate of Public Works.

Article 50.

The Directorate of Public Works shall exercise surveillance over all works executed to prevent the dangers of their construction. A law shall determine its organization and powers.

Title XII. Of the Territory of the Nation.

Article 51.

Mexican territory is the part of the North American continent bordered by:

To the North, the boundary lines drawn by the treaties of Guadalupe and the Mesilla, concluded with the United States;

To the East, the Gulf of Mexico, the Caribbean Sea, and the English establishment of Belize, enclosed within the limits set by the treaties of Versailles;

To the South, the Republic of Guatemala along the lines to be defined by a definitive treaty;

To the West, the Pacific Ocean, with the Gulf of California or Sea of Cortez within its demarcation;

All the islands belonging to it in the three seas;

The territorial sea in accordance with the principles recognized by international law, subject to the provisions agreed upon in treaties.

Article 52.

The national territory is divided, for its administration, into eight large divisions for now; into fifty Departments; each Department into Districts; and each District into Municipalities. A law establishes the number of Districts and Municipalities and their respective circumscriptions.

Title XIII. Of Mexicans.

Article 53.

Mexicans are:

Legitimate children born of a Mexican father within or outside the territory of the Empire;

Legitimate children born of a Mexican mother, within or outside the territory of the Empire;

Naturalized foreigners in accordance with the laws;

Children born in Mexico of foreign parents, who upon reaching the age of twenty-one do not declare their intention to adopt foreign nationality.

Those born outside the territory of the Empire but who settled in it before 1821 and swore the oath of independence.

Foreigners who acquire territorial property of any kind in the Empire, solely by the act of acquiring it.

Article 54.

Mexicans are obliged to defend the rights and interests of their homeland.

Title XIV. Of Citizens.

Article 55.

Citizens are those who, having the status of Mexicans, also meet the following criteria:

Have reached the age of twenty-one;

Lead an honest way of life;

Have not been judicially sentenced to any dishonorable penalty.

Article 56.

Citizens are obliged to register in the register of their municipality and to hold positions of popular election, unless legally disqualified.

Article 57.

The rights of a Mexican and citizen may be suspended or lost, and rehabilitation may be obtained in the cases and manner provided by law.

Title XV. Of Individual Guarantees.

Article 58.

The Government of the Emperor guarantees to all inhabitants of the Empire, in accordance with the provisions of the respective laws:

Equality before the law;

Personal security;

Property;

The exercise of their religion;

Freedom to express their opinions.

Article 59.

All inhabitants of the Empire enjoy rights and guarantees and are subject to the obligations, payment of taxes, and other duties established by existing laws or that may be enacted in the future.

Article 60.

No one shall be detained except by order of a competent authority, given in writing and signed, and only when there are sufficient indications against them to presume them guilty of a crime. The exception is the case of flagrante delicto, in which anyone can apprehend the offender to bring them before a judicial authority or competent authority.

Article 61.

If the administrative authority makes the arrest, it must, within three days, place the presumed offender at the disposal of the authority responsible for judging them, providing the corresponding information; and if the judge finds merit to detain them, they shall do so within five days at the latest, with detention beyond these terms constituting a case of liability.

However, if the arrest is made for offenses against the State, or that disturb public order, the administrative authority may prolong the detention until reporting to the Imperial Commissioner, or to the Ministry of Governance to determine what is appropriate.

Article 62.

No one may be sentenced except pursuant to laws existing prior to the act for which they are being judged.

Article 63.

No one's home may be searched, nor their papers seized, except by written order and in the cases and with the requirements literally provided for by the laws.

Article 64.

Since slavery, in fact or by law, does not exist in Mexican territory, any individual who steps on it is free by that fact alone.

Article 65.

In any criminal trial, the accused shall have the right to be informed of the reasons for the proceedings and the name of the accuser if there is one. They shall also have the right to demand that, once the investigation is concluded, they be provided with the information from the proceedings they need to prepare their defense.

Article 66.

Prisons shall be organized in such a way that they only serve to secure the detainees, without unnecessarily exacerbating their suffering.

Article 67.

In prisons, there shall always be a separation between those formally arrested and those simply detained.

Article 68.

Property is inviolable and may only be occupied for proven public utility, through prior and competent compensation, and in the manner provided for by the laws.

Article 69.

No one may be required to provide free or forced services, except in cases provided for by law.

Article 70.

No one may be compelled to provide personal services, except temporarily and for a specific undertaking. Minors cannot do so without the intervention of their parents or guardians, and in their absence, of the political authority.

Article 71.

Confiscation of property is forever prohibited.

Article 72.

All taxes for the Empire's Treasury shall be general and decreed annually.

Article 73.

No tax may be collected except by virtue of a law.

Article 74.

No municipal charge or tax may be established except upon proposal by the respective Municipal Council.

Article 75.

No exemption or modification of taxes may be made except by law.

Article 76.

No one may be harassed for their opinions or prevented from expressing them through the press, subject to the laws regulating the exercise of this right.

Article 77.

Only by decree of the Emperor, or of the Imperial Commissioners, and when necessary for the preservation of peace and public order, may the enjoyment of any of these guarantees be temporarily suspended.

Title XVI. Of the National Flag.

Article 78.

The colors of the national flag are green, white, and red.

The arrangement of these colors, the dimensions and decorations of the imperial flag, the war flag, the national flag, the merchant flag, and the naval pennant, as well as the coat of arms, shall be detailed in a special law.

Title XVII. Of Taking Possession of Public Offices and Functions.

Article 79.

All public employees and officials shall take possession of their positions by appearing before the authority empowered to give it to them according to the law. The authority shall question them in these terms: "Do you accept the position of (here the designation) that has been entrusted to you with its corresponding duties and responsibilities?" The response, to take possession, must be "I accept." Then the authority shall pronounce this formula: "N. is now in possession of the position of... and is responsible from now on for its faithful and accurate performance."

Title XVIII. Of the Observance and Reform of the Statute.

Article 80.

All laws and decrees issued hereafter shall conform to the principles established in this Statute, and the authorities shall be reformed accordingly.

Article 81.

Without prejudice to governing immediately according to what the Statute and its related decrees and laws determine, authorities and public officials shall, within one year, submit to the Emperor the observations that their good judgment, their desire for better service, and experience suggest for the alteration of the Statute in whatever is conducive to the greater good and prosperity of the country.

Each of Our Ministers is charged with the execution of this law in their respective areas, and they must issue the necessary regulations for its exact observance as quickly as possible.

Given at the Palace of Chapultepec, on the tenth of April of eighteen hundred and sixty-five.

MAXIMILIAN

The Minister of Foreign Affairs

And acting Minister of State, José F. Ramírez

The Minister of War, Juan de D. Peza

The Minister of Development, Luis Robles Pezuela

The Minister of Justice, Pedro Escudero y Echanove

The Minister of Governance, José M. Cortés y Esparza

The Undersecretary of the Treasury, Félix Campillo.