History of Mexico (Bancroft)/Volume 5/Chapter 26

by Hubert Howe Bancroft

 

CHAPTER XXVI.

 

LIBERAL INSTITUTIONS RESTORED.

 

1855-1856.

President Álvarez Administration — Reforms Initiated — Ley Juarez — Differences in the Liberal Party — Álvarez Retires — Ignacio Comonfort, the Substitute President — His Conciliatory Policy — Difficulties with the Clergy and Military — Seditious Movements — Puebla Campaign — Decrees against the Clergy — Congressional Work Raousset's and Walker's Invasions — Resignation of Álvarez — Dissensions between the Executive and Congress — Estatuto Orgánico Adoption of Liberal Principles

Juan Álvarez, who now took the oath before the representatives and assumed the reins of government, was born on the 27th of January, 1780, in the old town of Santa Maria de la Concepcion de Atoyac, later ciudad Álvarez, his father being a native of Galicia, in Spain, and his mother of Acapulco. He was educated in Mexico, and was one of the first men to take up arms in the cause of independence.^[1] After the establishment of the federal republic, he affiliated with the moderate republican party, and afterward took an active part in the affairs of that eventful political period, particularly in the campaigns in southern Mexico. Santa Anna in 1841 promoted him to general of division. During the war with the United States, Santa Anna accused him of shirking his duty; but afterward, as comandante general of Puebla, he tried to harass the foreign invader. To the efforts of Álvarez was greatly due the erection of Guerrero into a state, whose first governor he became, and when the legislature assembled it declared him a benemérito del estado en grado heróico.' He opposed the plan of Jalisco that brought Santa Anna back to Mexico in 1853, and finally, associated with others, overthrew the dictatorship, as we have seen.

The president at as early a day as possible formed his cabinet, with the following ministers, namely, Ignacio Comonfort, of war; Melchor Ocampo, of relations; Guillerino Prieto, of the treasury; Benito Juarez, of justice and ecclesiastical affairs; Miguel Lerdo de Tejada, of fomento^[2] — all of whom had shown themselves to be uncompromising enemies of tyranny.

The first measure of the administration was the framing of the estatuto orgánico, it being impossible to provide a constitution at an early day. Alvarez' mission was a difficult one; indeed, beyond his ability. He had to strengthen the bond of national union, which of late had become much loosened; to bring uniformity into the government of the states; to limit the powers of the governors; to bring light out of chaos in the treasury; and to regulate the administration of justice.

The president decreed that in the event of a vacancy in the executive office, it should be filled by the council of state. He also suppressed the order of Guadalupe, and on the 15th of October granted an amnesty to deserters from the army, of whom there were many, owing to the improper course pursued by the dictator Santa Anna.^[3] The ministers actively devoted themselves to their tasks; but very soon differences cropped out, resulting from Comonfort's acts in Mexico, whither he had been despatched with extraordinary powers, which created embarrassments, as several of his measures clashed with others adopted in Cuernavaca.

The men of the revolution, as stated before, were bitterly hostile to the regular army, and the idea of dissolving it began to gain ground. Ocampo and (Juarez were for doing so, but Comonfort decidedly opposed the scheme; he continued its existence, resolving that the military class should be reformed, but not destroyed.^[4] Comonfort also prevailed on Vidaurri to accept the arrangements made at Lagos. That chief had been demanding the punishment of the army. This army question greatly fanned the flame of division in the liberal party; it had already broken out with the election of Alvarez, which had been a victory of the radical wing over the moderate liberals and a large portion of the clergy who preferred Comonfort, and like the whole upper class of society at the capital and throughout the republic, looked on the southern chief as wholly unfit to be president.

A call had been issued on the 16th of October for a congress to assemble at Dolores Hidalgo on the 14th of February, 1856, to organize the nation under a republican, democratic, and representative form; a few modifications had been added to the oft-mentioned decree of 1841.^[5] The functions of the congress were limited by the 69th article of the decree to framing the constitution and organic laws, and to revising the acts of the late and present governments. Those duties were to be performed and completed within one year from the date of assembling.

Comonfort's opposition to violent measures and Ocampo's preference for a radical policy brought on a ministerial crisis; but as the latter was the only one of the ministers who insisted on leaving the cabinet,^[6] his portfolio was given to Miguel María Arrioja who filled it till the 7th of December. Much concern was caused by the dissension in the ministry, the summoning of the congress to meet at Dolores, and the alarming report of the president's death, which had been imminent from the running-away of the mules of his carriage when he was occupying it. The clergy began to assail the reformers from the pulpit, and some correspondence passed thereupon between the civil and episcopal authorities. The condition of the republic was anything but safe; the danger cane chiefly from the laxity originating in the plan of Ayutla; local authorities, the creation of local pronunciamientos, had assumed unlimited powers, recognizing no common centre; each governor was legislating on all matters, even such as were of the exclusive province of the supreme government; and the states had disposed of the revenues collected within their respective limits. Measures to put a stop to such abuses were necessary, and were accordingly provided.^[7]

An emeute in San Juan de Ulúa, promptly quelled, and a letter of Anastasio Zerecero, assuring the people, in the name of Alvarez, that the president had never belonged to the puro party, caused much alarm among the liberals. Alvarez became convinced at last that the seat of government should be in Mexico, and he entered therein on the 14th of November with an army of pintos. The filthiness and repeated acts of brutality of the pintos, who had quartered themselves in the central parts of the city, caused general disgust and alarm. This, together with reactionary intrigues, and the evident unfitness of Álvarez for the position he filled, led to the impression that ere long there would be a popular movement to place Comonfort in the executive chair.

General Uraga, who had presidential aspirations, was detected in a conspiracy at Guanajuato, and arrested; papers compromitting him and other prominent persons were found in his possession. Symptoms of sedition supposedly connected with this affair being discovered in Puebla and Querétaro, the comandantes generales of states were enjoined to the utmost vigilance, in a circular of November 21st,^[8] which led to the arrest of Colonel Osollo and others.

The government thus far had not accomplished much; but friendly relations were now restored with forcign powers, and the ministers of war and treasury busied themselves, the former in organizing the national guards and correcting abuses in the regular army, and the latter in arranging the affairs of the treasury. The first step taken in the direction of reform was by Minister Juarez in the law of NoVember 23, 1855, on administration of justice and the organization of courts, which has since borne the name of ley Juarez. As by the articles 42 and 44 special courts were suppressed, the military and ecclesiastical being excluded from all cognizance of civil causes, the archbishop saw in it a direct attack against the rights of the church; and protesting against these articles and the regulation for the execution of the law, he desired that the question on ecclesiastical fuero should be submitted to the pope,^[9] which was not assented to by the government. From that moment the motto of the reactionary opposition was ʻreligion y fueros,' the clergy senselessly promoting revolution with the aid of the discontented military, whose mutinous acts were equally inexcusable. The liberals, on their side, made hostile demonstrations against the conservatives, whose apparent chiefs Santa Anna and Blanco were dropped from the rolls of the army as deserters. Degollado, Moreno, and others who rendered important services in the last revolution, were now commissioned as generals.

The ministerial crisis still continuing, because Comonfort insisted on throwing up the portfolio of war and retaining only the office of general-in-chief, the president saw at once that his administration could make no progress without a fixed policy. Wherefore he directed the secretaries to lay before him the course each had concluded to adopt for developing in his departıment the plan of Ayutla, with the view of discussing the various plans, and of drawing from them the line of policy to be pursued by the government. He also directed the council to make the draught of the estatuto orgánico. Meantime the enemies of the administration found a powerful auxiliary in the division of the liberal party. It caused no little surprise to see the conservative party begin to favor Comonfort, as if they had entirely forgotten his agency in their overthrow.

Álvarez realized that he must leave a position so unsuited to his taste,^[10] and then chose for his successor the man that public opinion seemed to point out, Comonfort; but the latter already had enemies, who advised Álvarez not to give up the presidency. In this dilemma the president called a meeting of the most prominent members of the liberal party, to fix upon the best course he should pursue to rid the country of current evils.^[11] After hearing their observations he resolved to carry out the purpose of turning over the executive authority, at least for the winter months, to Comonfort, who was to act as his substitute. But the opponents of the conciliatory policy that Comonfort would be sure to follow made Alvarez hesitate, and on the next day he accepted the resignation of the ministry, and summoned Luis de la Rosa to organize another. This vacillation appeared like a defeat for Comonfort, but it is not recorded that the vacant portfolios were filled by other ministers during the few days that Álvarez still remained at the head of affairs.

The government was now in a most trying situation, without money and without a policy. Contention divided the liberal party, and selfish interests retarded the reform just as it had won two victories — the suppression of privileges in civil causes and the exclusion of the clergy from public affairs. The attacks on the clergy, the adoption of certain financial measures, and the cutting-down of offices and salaries, tended to form a compact mass of enemies actively plotting the overthrow of Álvarez' administration. The discontent was made manifest in the revolutionary movement, headed by Doblado in Guanajuato, refusing further recognition of Álvarez' government, and proclaiming Comonfort president, which was immediately seconded at Tepic. These acts put an end to Álvarez' vacillation. On the 8th of December, 1855, he issued a decree abrogating the law that conferred on the government council power to appoint a substitute president, and appointing Comonfort as such during his own temporary absence.^[12] The legitimacy of the appointment, though disputed by the government council, whose president was Valentin Gomez Farías, was really within the limit of Álvarez' authority. This culmination of the crisis was well received, and quieted the public mind. The manner of transferring the presidency was not, indeed, in accord with democratic theory, but under the circumstances none other was possible. Some attempts at disturbing the peace were made by the lower classes, instigated by Comonfort's opponents, but they were energetically quelled by the governor of the district. Owing to these disturbances, there were at the same time two presidents and none at all, till the 10th; for Álvarez hesitated about giving up the executive authority, and Comonfort resolved to have no further interference with public affairs, retiring to his house. Álvarez made him a visit, and after a long conference publicly surrendered him the office, on the 11th of December, at four o'clock in the afternoon. On the 18th of December Álvarez left the capital, escorted by the Guerrero troops.^[13] In the mountains he fought for Comonfort's administration. In the war of foreign intervention he showed much patriotic ardor, and his efforts were appreciated by President Juarez, who gave orders to the forces in the east to act by his advice when, on account of distance, they could receive no prompt decisions from the general government. The veteran was commanding the fifth division of the army when, on the 21st of August, 1867, he departed this life.^[14]

Ignacio Comonfort, in assuming the executive office, took on his shoulders a heavy load of responsibility at an unpropitious time. The victorious liberal party had become divided, and the unscupulous schemes of the reaccionarios had to be combated. To effect this, prudence and energy were required. However, the important service he had done to the cause of liberty, his acknowledged patriotism, personal qualities, and practical ability in affairs, inspired hopes of peace and good government.

His life, previous to his taking so prominent action in the late events for the overthrow of tyranny, had been comparatively uneventful. He was born in Puebla the 12th of March, 1812, his parents being Lieutenant-colonel Mariano Comonfort, and María Guadalupe de los Rios. At the age of 14 he was placed in the Carolino College, a Jesuit institute, to receive instruction in the higher branches. At manhood he was tall, well proportioned, and robust. In his manners he was self-possessed and of grave deportment; his face was swarthy from exposure to the weather. Marks of small-pox gave his features at first sight a severe look, which, however, disappeared on more familiar scrutiny. He had a habit of leaning his head toward the right shoulder. He was amiable and conciliatory; he could conceal his feelings and control his passions; he was ready to forgive personal injuries. He was brave and cool in danger, firm of purpose, and slow in resolve; but resolutions once taken, he was energetic in carrying them out. Generous and open handed, he never could accumulate a large property; he was honest, moreover, in all his transactions, private and public.^[15] Religious, and much devoted to the faith of his forefathers, he did not encourage intolerance. He was affectionate toward his family, plain and unassuming, and of very simple habits.^[16]

Comonfort before he was twenty years of age had taken part in the political disturbances as a soldier; during his early military life he was present in several battles and sieges, displaying much ability, as well as gallantry and coolness.^[17] He was a deputy in the congresses of 1842 and 1846; also, of the one that assembled in Querétaro, in 1846, was chosen a senator, and later was inspector of the custom-house and collector at Acapulco, which place he left to take his seat again as a deputy in congress. At the end of the session he was reappointed collector, and held the office till Santa Anna dismissed him on false charges. It is unnecessary here to speak at length of his services in the field and council, after the adoption of the plan of Ayutla; suffice it to say that the triumph of that measure was in a great measure due to him

 

The temporizing disposition of the new president did not blind, him to the necessity of upholding the measures of Alvarez, and of acting in accord with the spirit of the revolution. Two days after assuming the reins of government he appointed his cabinet, whose members gave assurance that a true spirit of liberty, order, and integrity would influence every act of the administration; that an enlightened democratic reform and the advancement of the country's general interests would result from their labors. The ministers were: Luis de la Rosa, of foreign relations; Ezequiel Montes, of justice and ecclesiastical affairs; Manuel Siliceo, of fomento; José María Lafragua, of interior relations; Manuel Payno, of the treasury; and José M. Yañez, of war and marine.^[18]

The chief points of the policy outlined by the ministers were: no dismemberment of the national territory;^[19] avoidance of civil war by prudent and conciliatory measures, appealing to physical force only in the last extreme; a constituent congress^[20] to be convoked at once to frame the constitution, and in the mean time issue, at an early day, an organic statute to have provisionally the force of law.

The ministry promised some special laws; namely, one on personal rights, others on the press,^[21] police, and national guard; and still another, recognizing the independence of the municipalities, but without allowing them any action in political affairs.^[22] The ecclesiastical question being one that demanded much circumspection in its treatment, the government reserved the expression of an opinion upon it till after it had received the cabinet's careful study and consideration.^[23] It must be confessed that if President Comonfort could firmly establish all these measures, the promises of the last revolution would be realized. The defeat of a filibustering expedition in Lower California was an auspicious event, but the country was still destined to see dark horizons betokening changes in her political life. The day succeeding that on which Comonfort assumed the executive office occurred in Puebla the first revolt, one of the many that were to distract the government's attention from carrying out its intended measures of reform. It was reported in that city that the bishop was to be exiled. Soon after the hour of prayers on the 12th the bell of the cathedral tolled alarm, and some men of the poorest class tried to capture the barracks by surprise, joining the dragoons that came from Amozoc, belonging to General Güitian's brigade; but being repulsed, they intrenched themselves around the episcopal palace, and on the morning of the 13th dispersed, Güitian's men returning to Amozoc, and marching on toward Zacapoaxtla, whose inhabitants and those of two neighboring towns rebelled, on the pretext that the ley Juarez deprived the clergy of their rights. General Güitian had been sent there to quell the rebellion, but in combination with the parish priest, and seconded by Colonel Olloqui, he revolted. Bishop Labastida advised them all to make their peace with the government,^[24] which advice they did not heed. The first forces sent against them were under General La Llave, Colonel Ortega, and Lieutenant-colonel Calderon; they also mutinied and joined the others, after which Colonel Osollo took command of the infantry and entered Teziutlan, while the cavalry under Güitian overran the plains of Apam.^[25]

The two hostile elements — clergy and army — were at work striving to avenge their supposed grievances. Priests took part in seditious plots, the pulpit being freely used to mislead the sincerely religious, specially the women, with the false assertion that the government was assailing religion. Hence the uprising on behalf of religion and fueros, intended to restore the so-called conservative party with its privileges and abuses.^[26] The military resented the insults heaped on them in the last war by the liberal leaders, specially Vidaurri, and manifested a disposition to defend themselves by revolution, which was unjustifiable as they had been forgiven the past, and Comonfort was a firm friend to them.

The reactionists were divided. Some advocated the federal system, others the famous seven laws, or centralist constitution, which had ere this gone out of mind. Fears were felt by many that there would be no congress, and that the nation must continue for an unlimited period in an abnormal condition. The government, however, hoped with God's favor and the aid of the people soon to reëstablish a constitutional régime.

Some prominent men were plotting in the capital; among them Haro y Tamariz, Francisco Pacheco, and Agustin Zires, and Comonfort decreed their expatriation. Other officers were scattered in distant places. An anonymous document found in Haro's house contained a plan to raise Agustin Iturbide to the throne of the 'Imperio de Anáhuac,' and if he refused acceptance, then Haro himself was to be emperor. The Roman catholic was the religion alone to be tolerated.^[27]

Haro made his escape, and joining the rebels at Zacapoaxtla, was chosen their chief.^[28] He denmanded the reëstablishment of the bases orgánicas of 1843. Meantime a congress should be convoked, and the government vested in a president, named by the chief of the movement, with ample powers.^[29]

The revolutionary forces attacked Puebla on the 16th of January; the governor, having with him but a small garrison, had to parley, and was allowed to depart on the 21st with the honors of war and three pieces of artillery.^[30] The reactionists were now flushed with victory, having an army of over 4,000 men, well disciplined and well officered, and held the second city in the republic, where they had powerful friends and abundant supplies.

The government's forces — 5,000 strong, commanded by generals Villareal, Traconis, Zuloaga, Gayosso, and Moreno — marched out of Mexico on the 29th toward

Puebla

Puebla; 1,000 more were expected from Guanajuato. Comonfort resolved to conduct in person the operations against Puebla.^[31] On the 24th of February he had 11,500 men provided with good artillery, and placed in echelon; and 4,000 of national guard had been stationed in Mexico. He then started for the front on the 29th, erected intrenchments at San Martin, as a basis for future operations, and finally established his headquarters in Rio Prieto. The reactionists had retreated within the walls of Puebla. The clergy at first paid the expenses, and when their means were exhausted the merchants were called upon for loans.

The garrison made a sally in force on the 8th of March, and gave battle at half-past seven o'clock in the morning, at Scotland. After two hours' fighting, with a doubtful result, Haro asked for a truce, and while holding an interview with Comonfort his troops retreated unnoticed to Puebla. On the 9th the siege was established and energetically pressed till the 22d, when the enemy surrendered. Owing to Comonfort's refusal to treat with Haro directly, the latter gave up the command to Castillo and Güitian, managing to escape or conceal himself, and they to Oronoz, who completed the capitulation,^[32] under which the reactionary rank and file might remain in the government's service or be disbanded, at their option. The officers were to be confined where Comonfort might choose, he afterward to dispose of their future fate.^[33] The casualties of the victors had been 400 killed and 500 wounded; the expenses of the government about one million dollars. The insurgents not included in the capitulation were to be tried and punished. Stringent orders were issued for Haro's arrest. A decree of March 31st provided that the governors of Puebla and Vera Cruz should seize the property of the church, and without neglecting public worship, apply the remainder of its revenue to the payment of damages caused by the rebellion to private citizens, and to pensioning widows, orphans, and those crippled by the war. The clergy, of course, made a strong protest against this law.

Though the chief points of policy and war had preferably occupied the government's attention, other matters of general usefulness were not neglected for the advancement of education, trade, and other industries.^[34] Among the most important decrees was one of January 9, 1856, to hold Santa Anna, his ministers, governors, and other subordinates, responsible for their illegal acts, both to the nation and to individuals.^[35]

So much expedition had been used to bring about the assembling of the constituent congress that the first preparatory meeting took place on the 14th of February.^[36] The labors of the chamber were of no particular interest till the 21st, when by 72 votes against seven the decree of Álvarez that called Comonfort to occupy the executive chair was ratified.^[37] This confirmation by so large a majority was equivalent to a special vote of confidence; it not only secured Comonfort's position, as it became grounded on the support of the people's representatives, but also made him the head of the liberal progressive party, whose esteem he won by his resolve to crush the reaction, which presented so formidable a front in Puebla. The desideratum now was to avoid any cause for disagreement between the executive and legislative powers. It will be remembered that the elections having been effected amid the raging outcries of the reactionists, who would not or could not vote, nearly all the deputies belonged to the most advanced party; hence it was not a little surprising that Deputy Marcelino Castañeda's motion for the reëstablishment of the constitution of 1824 should have been lost by one vote — 40 nays to 39 yeas. A committee was appointed for the revision of the acts of the government, which caused much loss of time, and gave rise to disagreeable discussions^[38] The conservative press began to show signs of hostile intent, asserting that its party was not represented in congress, and that this body had not met the expectations of the people, for it was nothing but a mob of demagogues, whose tendencies were dangerous.^[39] Its plan evidently was to bring on discord between Comonfort and the chamber, which for a time did not succeed. Petitions came from every direction to enact progressive measures. Several states, apprehending the possibility of a victory in the field of battle by the reactionists, bethought themselves of forming a coalition.^[40] On Comonfort's return to the capital, April 3d, the peace it was supposed he had secured was celebrated with feasts lasting several days. He was greeted with much enthusiasm and marks of affection by the authorities and the people, the ayuntamiento presenting him a valuable bâton. In his address to the people he expatiated on his policy, which had been one of clemency.^[41] Congress gave him a vote of thanks, but refused to confer on him the rank of general.

Comonfort's energetic course discouraged the marauders of Mexico, Guerrero, Michoacan, and elsewhere. All subımitted, and peace reigned in the republic for a while. It was only for a short time, however. The clergy and army kept up the agitation. A majority of the officers that capitulated at Puebla, and whose sentences had been commuted, endeavored to raise another revolt, railing against the government, whose clemency to them was attributed to fear.^[42] The conservative journals of Puebla called demagogues and protestants all persons who demanded that the bishop should check his clergy's seditious utterances from the pulpit. The governors of Puebla and Vera Cruz, on their part, used harsh and even tyrannical measures toward the friends of the church.^[43]

Congress approved the ley Juarez as one of the conquests of the revolution.^[44] It was also engaged some time with the commissions issued by Santa Anna between the 19th of January, 1853, and the 13th of August, 1855, the committee on military affairs having reported adversely to their confirmation, excepting only promotions by seniority, or for some other good reason.^[45] The commissions were annulled, excepting those conferred for the defeat of the French invaders under Raousset de Boulbon at Guaymas.

The French count, Raousset de Boulbon, had been some time in 1853 engaged in fitting out at San Francisco, California, an expedition to invade Sonora. Upon the news reaching Mexico, requisite orders were issued to the governors of Sonora, Sinaloa, and Chihuahua, and to the commandant of Lower California, to meet the invasion. President Santa Anna himself at once prepared a division of troops for the same purpose. Raousset landed and had some successful encounters with Mexican troops, but through the intervention of the French minister, desisted from his purpose for the time being and visited Mexico, and Santa Anna received him as a friend. Not having succeeded, after considerable delay, in obtaining from Santa Anna a command in the Mexican army, he returned to California with the view of carrying out his projects.

The Mexican government had encouraged the colonization of a tract of country in Sonora by some Frenchmen from California, the colonists binding themselves to take up arms in defence of the Mexican nation. They came to Guaymas and were well received; everything was going on smoothly until the 1st of July, 1854, when Raousset landed with about 400 Frenchmen and Germans, with whom he attempted to capture Guaymas, together with the comandante general, Yañez, and the garrison. But his plan failed; he was defeated and taken prisoner with all his men. Raousset was sentenced to death, and shot on the 12th of August following. The other prisoners were sentenced to ten years' imprisonment in Perote.^[46]

A few months previous to Raousset's invasion of Sonora, William Walker, who some years later became the famous adventurer of Nicaragua, landed, on the 28th of November, 1853, with a piratical expedition from San Francisco, at San Lúcas, in Lower California, with the intent, as was said, of annexing that country to the United States. The invaders marched to La Paz, which they plundered, committing also other lawless acts; after which they reëmbarked for La Ensenada, 100 miles from San Diego, at which place, as well as at Todos Santos, they encamped, repeating in that region their acts of plunder. *On the news reaching Santo Tomás, armed forces were despatched after them. Walker and his men did not wait to be attacked, but abandoned the country and returned to California.^[47]

 

All remonstrances and conciliatory efforts on the part of the government availed naught to keep the bishop of Puebla from attempting to rouse the hostility of the masses against it; whereupon the president resolved on the 12th of May to send him into exile.^[48] The bishop tried to give satisfactory explanations, and in a letter to Comonfort denied the expressions attributed to him, offering to prove his assertion with witnesses, and respectfully asking for a rescission of the order; but his petition was not granted, and he was taken to Habana in a national ship expressly fitted out for his comfortable transportation.^[49] This was not the only measure adopted against members of the clergy. Congress revoked Santa Anna's decree of September 19, 1853, permitting the restoration of the society of Jesus.^[50] This may be called an infringement of the principles of unlimited liberty so much boasted of.

Comonfort went to reside at Tacubaya, where he had a garrison under General Parrodi. General Juan Soto succeeded Yañez in the war department, and the latter was given the command of the troops in Sonora, Sinaloa, and Lower California. The treasury portfolio resigned by Payno was first given to Muñoz Ledo, and finally, on the 20th of May, to Miguel Lerdo de Tejada.

Just at this time another difficulty came to annoy Comonfort and the liberal party, threatening dissension, which was the resignation of the presidency, and of his rank as general of division, by Álvarez at La Providencia. Congress got over the matter by accepting the report of the committee to which the resignation had been referred, that it was not of its cognizance.

The government had besides to cope with that greatest of difficulties, scarcity of resources; for it had removed all the taxes established by the dictator Santa Anna.

The only sources of revenue left were the excise, which Vidaurri objected to, and the duties from customs, quite small at this time, owing to the want of confidence among the merchants caused by the presence at Vera Cruz of a Spanish squadron which brought the Spanish minister Miguel de los Santos Álvarez. It looked like a hostile demonstration, and as long as it continued, Mexico could lend herself to no negotiations with him. The situation was made more stringent by the harsh tone of the Madrid semi-official press. There were also pending questions with Great Britain and the United States which distracted the president's attention.

Serious disagreements having broken out between the constituent congress and Comonfort, fears were for a time entertained that the latter would disperse that body and assume the dictatorial powers conferred on him by the plan de Ayutla, ignoring the fact that the same plan gave congress authority to revise the acts of the government. To arrive at an understanding of this state of affairs, I must revert to the adoption by the president, with the sanction of his ministers, of the estatuto orgánico, which was published after the draught of a constitution had been framed, on the 15th of May.^[51] That statute had a tendency to the centralization of the government, by extending the action of the executive over everything, not excepting even the municipalities, in exchange for the renunciation he voluntarily made of the full powers the revolution had vested in him. It did, however, confine his authority within legal bounds, and for this reason might be termed a constitution, embracing as it did many of the clauses to be discussed by the constituent congress. Some governors and deputies showed their disapproval in formal protests, doubtless because the former were deprived of the unlimited powers they had been exercising; the fact that the law terminated the existing anarchy went for nothing in the estimation of these protestants. This was likewise the cause of dissension between the executive and congress, imbittered by the former claiming a direct participation in the proceedings of the latter, with the avowed purpose of tempering the action of the deputies, who, carried away by the excitement under which they had been elected, deemed it their duty to set up a government diametrically opposed in There were also pending questions with principle to that of the tyrant so effectively overthrown.^[52]

The draught of the new constitution had its first reading on the 16th of June, and the consideration of its clauses was begun at once. It embodied many principles borrowed from the organic code of the northern United States.^[53] The declaration of the rights of man rested on the opinions of the most approved publicists, and on principles recognized in the codes of the most enlightened nations. Equality before the law was accepted as a fundamental right, and therefore all special privileges and prerogatives were rejected.

With the adoption of such principles, the idea of monarchical institutions for the country was out of the question, and the fueros hitherto claimed by the military and the ecclesiastics were effectually abolished.

 

 

1. He joined Morelos at Coyuca Nov. 17, 1810, as a private in the ranks. His promotions were so rapid that within a year he was made a colonel. Severely wounded in both legs at Acapulco, he was saved by a soldier, also wounded, who carried him away on his back. Álvarez took part in many actions of war, and having been signally defeated at Pié de la Cuesta, sought refuge in the woods, pursued like a wild beast by the royalists, who nicknamed him El Gallego. His fortune of upwards of $35,000 was confiscated. He joined the trigarante army in 1821 and captured Acapulco. He aided Bravo and Guerrero to overthrow Iturbide's empire. Rivera. Gob. de Méx., ii. 477-8.
2. Méx., Legisl. Mej., 1855, 455-6; Méx. Mem. Hacienda, 1870, 1052.
3. He had solemnly promised that the ranks should be filled by conscription, and not by levy, and yet most of the men in the army had been taken by the press-gang. He exempted the Indians from the draft, exacting from them a capitation tax in lieu of military service, and yet they were forced into the ranks. Archivo Mex., Col. Ley., i. 77-80. On the 29th of Oct. the government dismissed many officers from the service. Méx., Legisl. Mej., 1855, 521-3.
4. Promotions granted by former administrations from Jan. 20, 1853, to Aug. 9, 1855, were declared null on the 27th of Nov. Dublan and Lozano, Leg. Mex., vii. 611-12.
5. The states and territories were to choose representatives on the basis of one for every 50,000 inhabitants, and also for a fraction exceeding 25,000. The clergy, both regular and secular, were excluded from voting or being voted for, which greatly vexed them. Méx., Legisl. Mej., 1855, 488-502.
6. He felt that his position was precarious, being grounded only on the president's will, of which he could not be certain in the event of antagonism, especially after there had been a groundless contradiction on the part of Comonfort, whose superior claims to influence had to be acknowledged. Осаmро, Мis quince dias de ministro, 18-28.
7. An order of the 19th of Nov. required of the comandantes generales that they should not interfere in affairs of the treasury, and much less dispose of the funds in custom-houses, which were appropriated by diplomatic conventions to the payment of the foreign debt.
8. It spoke of the government's resolve to carry out its regenerating mission at all hazards, surmounting all obstacles, even at the cost of heavy sacrifices. To accomplish this, subordinate authorities must 'prestijiarlo y defenderlo con repetidos actos de prudencia y enerjía.' El Pensamiento Nac., 1855, Nov. 22; Méx., Legisl. Mej., 1855, 347-9.
9. It has been asserted that Juarez, to have the law signed and published, took advantage of Comonfort's absence from the city. Juarez in a letter of 20th of August, 1866, to Matías Romero, denied the assertion. Baz, Vida de Juarez, 95; Juarez, Vida del Ciudad., 46-7.
10. He has been wrongly accused of inordinate ambition. Such was not his nature. On leaving the executive authority, he said that he was now as poor as when he assumed it, and had no need of public office to support himself and family. He knew how to use a plough, and had often lived by it. Baz, Vida de Juarez, 96-7; El Pensamiento Nac., Dec. 18, 1855.
11. It took place on the 4th of Dec. Three points were submitted to it by Álvarez, namely, 1st, Would his resignation be expedient? 2d, In the event of his continuing in power, should he change his ministers? and 3d, What qualifications should he look for in his ministers? He was advised to retain the presidency, and appoint a cabinet with Comonfort and Juarez in it.
12. 'Por mi separacion temporal del gobierno.' The office to be filled, in the event of the substitute president's temporary inability, by the president of the supreme court with two associates, named by the substitute president himself. The council of government refused to administer the oath to Comonfort, claiming that they, and not Álvarez, under the plan of Ayutla, had the authority to appoint the substitute. Comonfort was sworn in, however, on the 11th. Archivo Mex., Col. Ley., i. 130-4; Méx., Legisl. Mej., 1855, 627-9; Zarco, Hist. Cong., i. 56-61; La Bandera de Ayutla, 1856, Jan. 12; Dublan and Lozano, Leg. Mex., vii. 629, 630; Méx., Col. Ley. Fund., 322.
13. The reactionary Arrangoiz, who had no love for the old veteran, or for liberals in general, accuses him of having in the few days of his rule issued Deveral iniquitous decrees, sanctioned by the ministers Ocampo, Arrioja, Prieto, Juarez, and Comonfort. Álvarez, 'se volvió acompañado de sus hordas salvages al Sud; era imposible para él vivir entre gentes civilizadas.' Méj., ii. 346-7.
14. Álvarez was much beloved by his countrymen. He did what he could to diminish the horrors of war. Tamaulipas made him one of her citizens; Mexico did the same, and struck a medal in his honor. Congress twice declared him a benemérito de la patria; he held several important positions, among them that of honorary vice-president of the Institut d'Afrique, in France, and corresponding member of several scientific societies. In his domestic relations he was a loving husband and father, taking a deep interest in the education of his children, and instilling in them sentiments of honesty and love of liberty. Dublan and Lozano, Leg. Mex., ix. 310; x. 268; Rivera, Gob. de Méx., ii. 484; El Derecho, iii. 418. He was not a learned man, 'pero si de buen sentido y de valor.' Diaz, Datos Biog., MS., 65.
15. 'Apenas dejó á sus hijas un mezquino patrimonio, fruto de sus economías, y resto de insignificantes propiedades que tenia ántes de figurar en política.' Payno, Cuentas, Gastos, etc. It has been asserted, however, that he and his minister Payno had transactions together at the expense of the national treasury. Such accusations should not be believed without their being fully corroborated by evidence.
16. In the midst of popular ovations, the people always saw him in his plain black coat, except once, the 27th of September, 1857, anniversary of the entry into Mexico of the trigarante army under Iturbide, he presented himself in the civic procession in full uniform to do the fullest honor to the occasion, and save himself from criticism; 'porque es preciso . . . hacer honor al egército, y á la memoria del Sr Iturbide; no sea [he added with a smile] que si voy vestido de paisano, me tengan por demagogo.' Portilla, Méj. en 1856-7, 339-40. Comonfort was a well-informed and high-minded man, but lacked confidence in his own judgment, which often led him to rely too implicitly on the counsel of others. This diffidence was the cause-of his political ruin. Diaz, Datos Biog., MS., 63.
17. He was always found on the side of liberty, fighting against tyranny, with the battle-cry of 'religion y fueros.' After a long period of private life, he was made prefect and commandant of Tlapa, where he introduced many improvements, though constantly troubled by raiding Indians from the south. In the American war he served some time as aide-de-camp to the Mexican commander-in-chief. Rivera, Gob. de Méx., ii. 485-6; Id., Hist. Jalapa, iv. 823–5, 828-9; Wappäus, Mex., 128-9.
18. Rosa is well known to the reader; a man of literary and scientific attainments, progressive ideas, and ability as a political economist and diplomate. Montes was an able jurist, and though new in the political field, had liberal convictions, and public education was already indebted to him for good service. Siliceo was a new man in politics. Lafragua had been active in a press law with liberal tendencies indicating his political proclivities. Payno had previously done good work in financial matters. Yañez was a good officer and a magnanimous man. Archivo Mex., Col. Ley., 135-6; Méx., Legisl. Mej., 1855, 629-32; Rivera, Gob. de Méx., ii. 487-8, 600; Méx. Revol. contra Santa Anna, 132.
19. Comonfort and Payno have been accused of an intention to sell Lower California to the United States in 1856, which plan, it is alleged, was defeated by Minister La Rosa.
20. Owing to difficulties which prevented the meeting of congress at Dolores Hidalgo, the president, on the 26th of Dec., revoked art. 66 of the decree and summoned the congress to assemble in Mexico. Archivo Mer., Col. Ley., i. 201; Zarco, Hist. Cong., i. 19-29; Dublan and Lozano, Leg. Mex., vii. 631l-2, 639-40.
21. A provisional law granting ample freedom to the press was published on the 28th of Dec. Archivo Mex., Col. Ley., i. 203-22.
22. Other matters embraced in the programme were: abolition of taxes, judicial costs, and monopolies; building penitentiaries and improvement of jails; a new tariff law reconciling free-trade, where possible, with protection to home industry; an honest budget; acquisition of national property by foreigners; reformation of the mining laws; and facilitating public industrial exhibitions. Id., 141-2, 223-6.
23. As a mark of reverence for the church, the archbishop and his clergy were invited to join the government and people in prayers to God to grant wisdom to the authorities in their measures to insure the welfare of the nation. Méx., Legisl. Mej., 1855, 633; Dublan and Lozano, Leg. Mex., vii. 631.
24. The clerical press, such as La Sociedad, El Universal, and La Cruz, continued, however, vilifying the supporters of the existing order of things. Rivera, Gob. de Méx., ii. 489-9; La Cruz, ii. 208-13, 235, no. 8, suppl. 25.
25. Other revolts of the long series soon followed. In Oajaca three priests and a Spaniard instigated an uprising, to demand the restoration of the fueros, and called to the government J. M. García, who accepted the position; much fighting and bloodshed resulted from it. Revolutionary movements followed in Zacatecas, Querétaro, and Jalisco. Uraga proclaimed in the sierra the bases orgánicas, but met with no response. A brigade was sent after him, and the rebels submitted. A movement in Oajaca against Gov. Juarez was promptly put down. In Puebla there was much excitement. Col Miramon's defection gave a great impulse to the reaction. Comonfort, still having faith in the army, despatched against the insurgents General Severo del Castillo, who had never committed a defection, and had just pledged his word of fealty tɔ the government. But he proved faithless. Rivera, Gob. de Méx., ii 489-90.
26. Highwaymen labelled their hats with the word 'religion.'
27. Comonfort had asked Haro to stop plotting, but he made light of the matter, and pursued his course, which brought on stringent measures. Minister Lafragua's circular of Jan. 8, 1856, in Archivo Mex., Col. Ley., i. 418-20.
28. Seditious movements were now breaking out in many places, promoted by priests and soldiers. In Morelia there was a cry of 'mueran los impios! Viva Uraga!' Rivera, Hist. Jalapa, iv. 619-24; Id., Gob. de Méx., ii. 491-2; Santa Anna, Revol. contra, 276-7; La Bandera de Ayutla, Jan. 12, 1856; El Pensamiento Nac., March 5 to Apr. 25, 1856; Méx., Leyisl. Mej., 1856, Jan.-June, 357-8.
29. The scheme went by the name of 'plan regenerador,' and was circulated over their signatures by Haro, Güitian, and Castillo. Haro á sus Comput., 1-20. Castillo's plea for defection was that it had been wrong 'to send the army against the army,' and that his forces had no supplies. Archivo Mex., Col. Ley., i. 468-76; Méx., Legisl. Mej., 1856. Jan.-June, 71.
30. The loss of Puebla was officially announced by Minister Lafragua, January 24th, together with the measures adopted for its recovery. Archivo Mex., Col. Ley., i. 486-90.
31. The rebels had failed to take advantage of a mutiny in San Juan de Ulúa in the night of Feb. 12th, which might have favored their cause. The mutiny was put down by a counter one of the 21st. The leaders were tried and sentenced, but finally pardoned. Méx., Mem. Hacienda, 1857, 10; Rivera, Hint. Jalapa, iv. 627-9.
32. The besieged were then short of provisions, their water supply being cut off. They had been compelled to abandon the heights, and were reduced to narrow quarters. Villareal, Parte Ofic.; Puebla, Parte Gen.; Barrero, Diario Ofic. Operac.; Archivo Mex., Col. Ley., i. 815-17; Méx., Mem. Hacienda, 1837, 9-13; Dublan and Lozano, Leg. Mex., viii. 142-8; Santa Anna, Revol. contra, 287-303.
33. The generals and field-officers were sentenced to serve as privates three years; the other officers two; those who had done good service in the war of independence, or in a foreign war, only one year. The generals and field-officers were afterward given the option of exile for four years. All were finally pardoned. Archivo Mex., Col. Ley, i. 815-28, ii. 39-42, 65-8; Dublan and Lozano, Ley. Mex., viii. 155-6.
34. Several ports were opened to commerce, and other facilities afforded to commerce, as well as to manufactures, and mining, as well as for developing education. Foreigners were given the privilege of owning real estate under certain conditions; permission issued for founding the town of El Progreso in Yucatan, and for navigating the Mescala River; the public debt was duly attended to.
35. Their estates were accordingly sequestrated, and placed at the disposal of the supreme court to meet damages. No judicial costs were to be charged. Some months later Santa Anna was sentenced to pay heavy sums. Zarco, Hist. Cong. Constituy., i. 121-6; Méx., Diario Ofic., March 31, 1870; La Bandera de Ayutla, Feb. 9, 1856.
36. Ponciano Arriaga was chosen its chairman, and the secretaries were Isidoro Olvera and Francisco Zarco.
37. Zarco, Id., 61; Dublan and Lozano, Leg. Mex., viii., 129-30; Méx., Legisl. Mej., 1836, Jan.-June, 386-7; Archivo Mex., Col. Ley., i. 782-3.
38. The first motion was made Feb. 27th. The regulation of the revising commission was finally adopted March 15th. Zarco, Hist. Cong. Constituy., i. 63, 83-98.
39. The congress was accused of an intention to 'enardecer los ánimos, complicar la situacion, y poner obstáculos al gobierno.' Rivera, Gob. de Méx., ii. 493.
40. It was promoted by Santos Degollado and Vidaurri, governors respectively of Jalisco and Nuevo Leon, and entered into by Jalisco, Zacatecas, Nuevo Leon, San Luis Potosí, Chihuahua, Durango, Sonora, and Sinaloa. Degollado laid it before congress by letter of the 4th of March. Its objects were tɔ maintain the union of all the states and a democratic form of government; to settle disputes between states by arbitration; to defend the public liberties; and in the event of the nation finding herself without a head, then the general-in-chief of the coalition army was to act as president, with a council of commissioners from the allied governors, ruling strictly by the plan of Ayutla, and carrying out the laws already sanctioned by the nation. The project was abandoned on the defeat of the reactionists. Zarco, Hist. Cong. Constituy., i. 79-84; Rivera, Hist. Jalapa, iv. 631; La Bandera de Ayutla, 1856, March 28; El Pensamiento Nac., 1856, Feb. 27, Apr. 8.
41. He had sent no one to the scaffold, and only where justice and the nation's safety demanded it had he used severity. Zarco, Hist. Cong. Costituy., i. 111-13, 137; Archivo Mex., Col. Ley., ii. 3-6.
42. They wore a ring with a cross and the motto 'Marzo 21.'
43. For concealing church property, or speaking ill of the law for its seizure. These measures were not in accord with the plan of Ayutla, nor with the estatuto orgánico that the cabinet was engaged in framing.
44. Ninety deputies were present at the long discussion, but only 83 on the day it was put to the vote, 82 of whom were in favor. Zarco, Hist. Cong. Constituy., i. 166–82.
45. Montes, the minister of justice, spoke in favor of confirmation, on the ground that the dictatorial government had been a legitimate one; but his proposition was rejected. The whole discussion is given in Zarco, Hist. Cong. Constituy., i. 211-40, 296-310, 328-35, 421-4.
46. An account of Raousset's invasions of Sonora is given in Hist. North Mexican States, vol. ii., this series.
47. Particulars of this episode appear in Hist. North Mexican States, vol. ii., this series.
48. 48 He was accused of reproaching the people for allowing the seizure of church property. In circulars he advised resistance to the authorities. His sermons caused great alarm to the friends of the government, and rejoicing to its enemies. He truly believed he was doing his duty. Rivera, Gob. de Méx., ii. 500; Portilla, Méj. en 1856-7, 32-4; Arrangoiz, Méj., ii. 349, calls that banishment 'otra de las infinitas tropelias.'
49. Bishop Labastida, on June 16th at Habana, declared that he never by word or deed manifested, or authorized in his clergy, hostility to the constituted authorities; he had only upheld the interests of the church, as in duty bound by the oath taken at his consecration. Bordanova, Conducta del Ob. de Puebla, 60-8.
50. Passed June 6th. Archivo Mex., Col. Ley., ii. 168-9; Zarco, Hist. Cong. Constituy., i. 378-410.
51. Under the ninth section of this instrument, the governors of states and jefes politicos of territories were to be appointed by the president; it set forth their powers and duties, making of them real dictators. Archivo Mex., Col. Ley., ii. 110-49.
52. The point was warmly discussed in the chamber several days, but no final action seems to have been taken. Zarco, Hist. Cong. Constituy., i. 419-20, 425, 517-20, 543-5, 571-6, 617-35; Rivera, Hist. Jalapa, iv. 665-8, 6725, 687; Id., Gob. de Méx., ii. 501-4.
53. The authors and others who subscribed to it, while recognizing the merits of the old one of 1824 for the time it was enacted, qualified it as incomplete and non-progressive, not such a one as the exigencies of the present and future generations required.