Page:Vol 4 History of Mexico by H H Bancroft.djvu/577

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RIVAL CONSTITUTIONS.
561

again had to be guided in all important acts of government by a council of state composed of brigadiers and higher officers.[1] Caste distinctions, slavery, and torture must be abolished, and the habeas corpus system introduced. Four military orders should be created, applicable also to civilians. Of the four captain-generals, embracing the three who were members of the council, one should in time of war be chosen temporary generalissimo, equivalent to dictator.[2]

This draft had been submitted to Morelos,[3] who, while recognizing therein the ideas of Hidalgo, objected to several points. Fernando should no longer be held up as a mask for independence. The council of state should be reduced to a fixed number of generals, and a generalissimo elected for life. The safety of religion demanded that foreigners be admitted at the furthest only to a few ports.[4] This smacked strongly of the cura. Some of his objections acquired weight, for shortly after appeared the Spanish liberal constitution, which effectually eclipsed the other document in the eyes of its very projector, and caused him to withhold it.[5] As Morelos revealed his own designs,[6] Rayon became anxious to secure himself; and to this end he hastened to frame another constitution, which was submitted to the guadalupes at Mexico and others, and intended for publication before the congress should meet.[7] Nothing came of this; for Morelos

  1. A 'protector' appointed by the deputies should submit bills to reform laws, etc. The dogmas of the exclusive catholic religion were to be guarded by a tribunal de la fé, not exactly an inquisition, as declared by Arechederreta and the audiencia. Foreigners were to be protected, but not admitted to office, nor favored to the prejudice of religion. Liberty of press to prevail in science and politics.
  2. Among national holidays were to be September 16th, the saints' days of Hidalgo and Allende, and December 12th, the Guadalupe day.
  3. Although he had not yet been appointed member of the council.
  4. Protectors should be appointed for each bishopric. The generalissimo to hold office till incapacity, sickness, or the age of 60 made it undesirable.
  5. Yet leaving it to the option of the others. 'Se rien de nosotros.' he says, as mere automatons. Bustamante sent in a project to Morelos after this, but it received no attention. Cuad. Hist., ii. 349.
  6. The convocation of a congress by him was stamped as lacking 'autoridad, prudencia, y legalidad.' Diario de Rayon, 641.
  7. This was elaborated by P. Santa María, who afterward joined Morelos, and excused himself as having merely followed Rayon's orders. Id., 642.