Page:Vol 6 History of Mexico by H H Bancroft.djvu/491

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CENTRALISTS AND FEDERALISTS.
471

serve its spirit, as they had so many other wise ordinances. This fundamental law has practically survived till our day, in that of 1857, with its amendments and additions, some of which are on the face at least a step in advance on the other. It proclaimed the rights of man by granting free speech, a free press, and liberty of education; permitted no passports or restriction of personal freedom; forbade the infliction of the lash or other indignities, or confiscation of property; recognized no hereditary honors, nobility, or prerogatives; and abolished all special tribunals save for military discipline. No corporation could hold real estate beyond what was required for direct use, and no monopolies might exist except in patents. The legislative power was restricted to one house with increased representation, election being by secret ballot, with intervention of an electoral college. The executive power was vested in a president elected for four years, with temporary succession of the president of the supreme court. Supreme judges were elected for six years.[1]

  1. All honest Mexicans above the age of 18 if married, above 21 if unmarried, were declared citizens, with a vote and right to candidacy, and obligation to join the national guard. Amendments to the constitution required a two-thirds vote of congress, and approval by a majority of state legislatures. The law differed from that of 1824 by abolition of the senate, by a numerical increase of the other chamber, and notably by divesting the church of its many privileges. Mexican constitutions had their beginning in the Spanish organic law of 1812, which admitted colonies to a share in national affairs through the córtes, and to elect legislatures and municipalities among themselves, Indians being raised to citizenship, but not African admixtures. This law gave impulse to the first republican constitution issued in 1814 at Apatzingan, which extended citizenship to all, and vested the supreme power in an elected congress, limited to one member for each of the 17 provinces. Congress appointed the triple alternating executive, the judges, and the military chiefs. Throughout prevailed an aristocratic spirit which seemed to promise well for the limited-monarchy programme issued at Iguala by Iturbide. Regarding the country as immature for republican rule, he revived the empire of Montezuma among the resuscitated Mexican nation, while conceding to it the privileges of the improved constitution of 1812, as issued in 1820, with an elective congress.

    The federalists gained the upper hand, however, and the constitution of the adjoining United States was introduced with a few French and Spanish modifications. The representation in the lower house of congress was one for every 80,000, elected every second year; the senate was formed of two members from every state, chosen by the legislatures, one for two years, the other for four. One regular session was to be hell yearly, with a congress deputation during the recess acting as government council. The executive power