History of Mexico (Bancroft)/Volume 4/Chapter 24

by Hubert Howe Bancroft

 

CHAPTER XXIV.

CONSTITUTIONAL CHANGES.

1814.

Changed Aspect of the Revolution — Depression on Both Sides — Proposed Restriction of Passports and Export of Treasure — Causes of the Exodus of the Spaniards — Fresh Taxes — Restoration of Fernando VII. — Constitution of 1812 is Annulled and Autocracy Reëstablished — Feeling in New Spain — Insurgent Constitution — Its Provisions and Analysis — How it was Received — Election of Officers under the New Constitution — Liceaga President — Commemorative Medal — Constitution Ordered Read by the Curas — Relations with the United States.

The revolution had by this time assumed an aspect widely different from its condition when Calleja took command. His plans had been not only well laid, but in the main well carried out. Rayon was humbled; the Villagranes were no more; and the power of Morelos had faded to a flitting shadow. Rich Oajaca and rock-bound Tecpan were at his feet; the north enjoyed repose, and in the central provinces little more appeared to be required than a watch on the isolated bands in their mountain retreats.^[1] Much more remained to be done, however. The power of the insurgents as a whole was broken, but small bodies hovered about in nearly undiminished number, independent in action and casting off more and more the wholesome restraint which Rayon and others had formerly imposed. They were becoming raiders rather than revolutionists, intent mainly on harassing the royalists, but inflicting at the same time great injury on the country at large, by circumscribing agriculture, mining, manufactures, and trade, as well as by obliging the government to increase rather than diminish its costly operations for guarding the exposed districts and pursuing and besieging the raiders. Calleja, in fact, appealed in August 1814, to Spain, for reënforcements of 8,000 men, and obtained a portion of the force.^[2] Under the new condition of affairs disunion seemed indeed favorable to the cause. The explanation of this anomaly lay partly in the greater precautions taken by the leaders to keep the way open for retreat, and to maintain a larger number of strongholds for refuge.

No wonder then that a general feeling of uneasiness continued, notwithstanding the exultant demonstration of successes by Calleja. This feeling was strikingly manifested in the increasing exodus of Spaniards, which assumed such magnitude that it was proposed to limit the issue of passports, and decided to restrict the export of treasure.^[3] One cause must be sought in the depression left on all industries by the long struggle to which were added the continual levies by insurgents, especially on farms, and the reckless imposition of loans and taxes by Calleja, who cared above all for the success of his campaign. In the latter part of the year when everybody expected a partial release from burdens, he added six per cent to the excise duty, and a special board was created to apply a large direct contribution on property and on incomes exceeding three hundred pesos a year.^[4] This measure had soon to be abandoned however, but the levy of ten per cent on urban property, established for one year, was continued, with application to convents and communities, save charitable institutions, and the reluctant merchants had to respond with more than half the sum of a fresh half-million loan. In the following year a compulsory lottery was introduced to extort annually a million and a half from the people at large. Further, a new copper coinage was issued to replace the immense variety of copper tokens, circulated from almost every large store under the name of tlacos and pilones,^[5] and to remedy the growing scarcity of small silver money, such as half and quarter reals. At first the coin fell into discredit through the objections raised by merchants, but the issue being restricted to prudent limits and its proportion in payments being regulated a decided benefit was experienced.^[6]

Another cause for the exodus of Spaniards was the improved condition of affairs in the peninsula, marked by the return of Fernando VII., under whom promised to blossom anew the prosperity so hopefully connected with a brilliant court. The victory of Vitoria in June 1813 signalized the end of French sway in Spain, and in the following September the new regular córtes elected under the constitution of 1812 met untrammelled by foreign intimidation.^[7] But its reign was not to last. Under the pressure of accumulating reverses Napoleon sought in Fernando VII. a means for relief, and readily prevailed upon the imprisoned king to sign a treaty which restored him to the throne on condition that the English should leave Spain.^[8] Once beyond the French frontier, which he crossed March 22d, the unreliable monarch cast to the wind his promises, made for that matter without consent from the popular representatives and against his own former declaration.

By this time the servile party, or absolutists, had acquired sufficient strength to adopt a decided attitude against the constitution; and joined by interested nobles and ecclesiastics three score deputies petitioned the king to set aside the córtes, and summon another on the plan prescribed by the ancient monarchical regulations.^[9] Nothing could please Fernando better; and encouraged by the reinstallation of the Bourbon dynasty in France, and the warm reception accorded him throughout his journey from the northern border to Valencia, he marched boldly to the capital, dissolved the córtes, arrested the regents, hostile deputies, and other dangerous persons,^[10] and issued a decree dated May 4th^[11] restoring affairs to the footing held in March 1808. and declaring all intermediate acts annulled. On the 13th he made his formal entry into Madrid, there to affirm his position by a sweeping series of reforms and appointments, with a distribution of offices and honors to his supporters, among whom Americans were prominently remembered, and even courted.^[12] The country submitted to the new order, yet not without deep indignation in certain quarters, from which developed a number of plots that served only to bring forth severe measures, involving a number of prominent and patriotic men.

Fernando's liberation and entry into Spain were welcomed in Mexico on June 10th and following days with solemn and imposing celebrations, especially at the feast-loving capital,^[13] but even there the news itself roused far less enthusiasm than it would have done half a dozen years before. Royalty had lost prestige under the assiduous inroads of republican ideas, and the character and mishaps of the king had not presented themselves in a light to call for great sympathy and admiration. Succeeding news did not tend to improve the feeling.

The tone in the despatches from Spain, which remained suspiciously silent with regard to córtes or constitution, totally escaped the otherwise observant Calleja. In a manifesto of June he held out the prospect of fully establishing the constitution, and hastened to summon the provincial deputation which was installed July 13th, with a very incomplete representation,^[14] owing to interrupted elections and other obstacles. Early in the following month arrived the famed decree of May 4th. The officials and corporations were summoned to a praise service at the cathedral August 10th, and there Dean Beristain announced from the pulpit the change to be introduced, now attacking severely the same constitution which he had more than once impressively upheld.^[15] The usual demonstrations were ordered to follow, but this time the people held aloof, sullen and ominously silent.

A large number of Europeans observed the same attitude, especially the merchants, and above all those of Vera Cruz; so much so that the viceroy and commandants took precautions against a possible out break. Then, in order to distract attention, preparations were made to formally celebrate the accession of the king, as soon as the rainy season had passed, with a prolonged series of solemn processions and masses by different public bodies, followed by bull fights, banquets, fireworks, illuminations, balls, and other performances, and this in every town and settlement throughout the country, in a manner that did much to cast a veil over the less acceptable features of the occasion.^[16] The army was flattered by Calleja in a special appeal, and reminded that the constitution, which he now termed illusive, would have deprived it of cherished privileges. Efforts were besides made to keep the soldiers in good humor by the enforcement of different measures for their comfort and weal.^[17] Nor was Calleja himself overlooked. He received the approval of the king, with promotion to the rank of lieutenant-general.

In order to soften the blow the king had issued a decree of May 24th, manifesting his interest in the people, promising to remedy grievances, and holding out the prospect of convoking new córtes wherein America should receive due representation.^[18] Although this remained a dead letter, the creoles were somewhat consoled to find five among them given places in the restored council of the Indies,^[19] and Indians received exemption from the humiliating tribute. The people were further lulled for a moment by a decree to renew municipal authorities in larger towns as indicated by the late constitution; but just as elections began, with the usual overwhelming defeat of Spaniards, a new decree ordered the instalment of the old perpetual ayuntamientos.^[20]

Then came a larger dose of radical measures, encouraged by the calmer beat of the public pulse. The audiencias of Mexico and Guadalajara were reinstated in all their former privileges, and incited by long abstinence from their fat commissions the oidores did not wait for formal orders to pounce upon the spoils.^[21] So also with the long-deposed special tribunals, corregidores, and sub-delegates, together with the gallows and whipping-post.^[22] Further, the dread inquisition was restored, and the inhabitants soon obtained a reminder thereof in a circular commanding them under penalty to appear and denounce themselves and others for utterances against religion and the holy office.^[23]

The effect of Fernando's reforms was evidently to increase the strength and bitterness of the party which had so far been appeased with the prospect of a liberal constitution, conferring local self-government and a voice in national affairs. The taste of these privileges had whetted the appetite, and the only means for satisfying it were now held forth by the insurgents. The latter naturally felt jubilant at the tone thus imparted to their tottering cause, and hastened to support it by a series of appeals to European settlers, public bodies, and the people at large, wherein they contrasted the renewal of colonial despotism with the benefits to be enjoyed under independent republican rule.^[24]

But what availed the arguments of a party broken in power and prestige, existing only in scattered guerrilla bands and hunted fugitives, and this against an able and determined man like Calleja, with devoted and victorious armies at his disposal? He was, besides, pushing the advantage already gained by intimidating the wavering with decrees to shoot all who appeared in arms, and to confiscate property, even of those who merely passed into districts occupied by insurgents.^[25] On the other hand he kept open the liberal offer of pardon, issued in commemoration of the king's return, to all who tendered submission. Even Morelos and other leaders were included, on condition however of their leaving the country.^[26] This combined strictness and leniency had great effect, and the insurgents saw with apprehension one group of adherents after another dropping off, with a corresponding decline in their resources.^[27] Their most impressive effort to stem the tide was the issue of a republican constitution, which came as it were to replace the one just withdrawn by the royalists. It was the great work for which the congress had been formed by Morelos, wrought amidst persecution and wandering. Since its flight into Michoacan the assembly had flitted from one place to another,^[28] attended by a ragged and almost unarmed escort of four score men, and suffering privations of every kind, of which hunger was not the least.^[29] Yet misfortune taught no lesson of humility and prudence. The bent for pomp was not restrained, nor the clashing of jealousy and obstinacy which threatened what little influence still remained to the body.^[30]

Apatzingan, a small town in the western part of Michoacan, was selected on account of its seclusion for the important task of issuing the constitution, and here it was signed October 22d by eleven of the deputies, and proclaimed with all the demonstration that could be evoked from a small population, fringed by the ragged army of five hundred men brought in by Morelos and Cos. The document opens characteristically with the declaration that the Roman catholic shall be the sole religion. Sovereignty is vested in a congress elected by the people by indirect ballot, and consisting of one deputy from each of seventeen provinces now formed. This body elects the members of the other two powers, the supreme government and supreme court of justice, together with a residencia tribunal for trying charges against all the supreme officials. The executive shall consist of three members, equal in authority, alternating in the presidency every four months, and holding office for three years. They are to be assisted by three secretaries, for war, finance, and government, and in the provinces by intendentes, appointed for three years, and presiding over the financial boards which form branches of an intendencia general at the capital. Administration of justice is to centre in a supreme court of five judges, chosen like the executive, and retiring gradually within five years. So long as any province is occupied by the enemy, existing deputies select a suplente to represent it. Peace once established, a formally elected congress shall assume the sovereignty and adopt the present or a new constitution, and establish the laws, local governments, and other features so far left unchanged. The present imperfect document was intended therefore only as provisional. Following the French ideas enunciated in the opening, we find the regulations proper to be chiefly modifications of the Spanish constitution, with a sprinkling of features from colonial laws.^[31] The constitution was at once given effect by the election of the executive in the persons of Liceaga, Morelos, and Cos, the first-named winning the presidency, with Yarza as secretary of government, and the formation of the supreme court, which was installed at Ario a few days later, under the presidency of Arriola, with additional festivities.^[32] The number of deputies was completed, and a medal struck to commemorate the installation.^[33] Curas were instructed wherever practicable to read the constitution and have it solemnly adopted by their flocks, under penalty of chastisement. The royalists made counter-threats to prevent compliance, and ordered the collection and burning of all copies of the constitution and other documents circulated by

Medal of Apatzingan Congress.

insurgents, a term now formally changed to rebels, while royalist supporters were to be called realistas fieles.^[34] Further, local authorities were required to send in a disavowal of the insurgent deputies who claimed to represent them, which resulted in a stream of professed adhesions from all parts of the country; and churchmen were strictly bidden to combat the constitution. The main argument was based on the false charge that it fostered tolerance and heresy, and on this ground the inquisition also joined in the tirade, declaring excommunicated even those who merely held the document in possession or failed to denounce other holders. Orders so extreme could only serve to lower the influence of the framers from their necessarily wide-spread failure to receive effect.^[35]

Whatever the effect of the constitution at home, it certainly lent a dignity and legality to the insurgent cause which could not fail to leave a favorable impression abroad. Nor was this impression devoid of value; for as the cause grew weaker, the greater became the necessity for foreign aid in loans and perhaps in troops, while intercourse must in any case be opened for the purchase of fire-arms and ammunition. Projects to this end were confined almost exclusively to the United States, and although hopes had so far proved vain they were never abandoned. In June 1814 they received a marked impulse from the arrival at Nautla of a 'General' Humbert, claiming to be an agent of the northern republic.^[36] Anaya went with him to New Orleans, only to find him a mere corsair. Nevertheless he availed himself of the opportunity to obtain letters of marque from the pirate headquarters at Barataria Island, none of which were used how ever.^[37] He also joined Toledo in planning an expedition against Tampico, but the government at Washington was advised and forbade its formation.^[38] About the same time Rayon appointed Bustamante minister to the United States.^[39] He failed to depart on his mission, and in the following summer of 1815 Doctor Herrera was charged therewith by the congress, on the strength of Toledo's representations that aid could be obtained in the northern United States.^[40]

He was also to arrange with the papal nuncio for confirmation of ecclesiastic appointments by the congress and permission to dispose of church revenue till the close of the war.^[41] Herrera did little or nothing save to arrange with pirates for delivery of arms, and even this brought hardly any results, owing to royalist precautions and neglect to provide funds.^[42]

 

 

1. Calleja does not fail to extol himself in a review of affairs issued on June 22d, wherein he naturally exaggerates the results achieved. Disclosing as it does also the plans followed, it has been widely quoted. The text may be consulted in Hernandez y Dávalos, Col. Doc., v. 554-02; Bustamante, Campañas de Calleja, sup. 1-18; Ward's Mex., i. app. 509-25. See also Mex., Virey, 2-14, 18.
2. As late as Dec. 1815, Calleja was complaining of his inability to check these bands. See the translated despatch in Revol. Span. Amer., 331-9.
3. The convoy from Mexico of Oct. 31st took about four millions in precious metal and 66 coaches with passengers. The tributary train from Guanajuato had brought 2,300 bars of silver and 80,000 animals. Alaman, Hist. Méj., iv. 218-22. Over seven millions in money would thus have been sent out of the country at the time had Calleja permitted it to follow the large departure of passengers and treasure effected by the previous opportunity.
4. This had been proposed in 1813 and abandoned; nevertheless a board was created soon after to apply it, only to abandon the project for the six per cent excise. Calleja applied it however, by decree of October 14th, on the birthday of the king! under the name of 'subvencion general de guerra.' The board consisted of three members, one a churchman, with sub-boards composed of citizens, before whom statements of property and income were presented. The deduction had to begin Jan. 1, 1815, also on official salaries. Decree with rules in Hernandez y Dávalos, Col. Doc., v. 697-701.
5. The former being the term for an eighth of a real, the other, meaning piles, being evidently an ironic expression. Each store had its own stamp, which was also placed on pieces of wood and soap.
6. Official salaries after Sept. were paid one third in this coin, by decree of Aug. 23d. Another of Dec. 20th introduced the improved rules. See Gaz. de Mex., 1814, v. 1394-8; Hernandez y Dávalos, Col. Doc., vi. 1048-9; Diarlo Debates, cong. 10, ii. 530-3. The insurgents at first availed themselves of this by filling Oajaca and other districts with copper coin, but soon the circulation was strictly forbidden. For further observations on the condition and the measures, see Córtes, Diario, i. pt xii. 105, etc.; Hernandez y Dávalos, Col. Doc., v. 724, 744-7, etc.; the representation of Abad y Queipo, Informe, and of Bodega, Repres., 1-12; Córtes, Act. Ord., 1814, ii. 260. The urban tax was at first equally divided between tenant and owner, later the owner had to pay 8 per cent. The prosperous and peaceful northern provinces now came more prominently forward with voluntary contributions, such as horses. Instances in Gaz. de Mex., 1814, v. 43-4, 395 et seq., 1360. The lottery scheme announced in Id., 1815, December numbers, embraced two drawings annually, one for Mexico, the other for the provinces which took two thirds of the tickets. A whole ticket cost $100. Half of the million and a half was returned in prizes.
7. The extraordinary sessions of the preceding body closed on the 14th of Sept., the speech on the occasion being delivered by Gordoa, president and deputy from Zacatecas. Text in Gaz. de Mex., 1814, v. 205-12. The yellow fever appearing at Cádiz, the regent hastened on the following day to Santa María. This step caused the córtes to be summoned anew to determine the residence for the government and the meeting place for the new assembly. Fever ravages hastened the end of the session before the question was settled. A number of the extraordinary deputies served as suplentes in the new body till those elected in America should arrive. The formal opening took place Oct. 1st, at Cádiz, but the fear of fever assisted those who longed for the capital, and on Jan. 15, 1814, the sessions were resumed at Madrid.
8. The French leaving simultaneously. An annual allowance of a million and a half was assigned to Fernando's parents. The regency pointed out that his own act of Jan. 1811 declared null any convention signed by him as captive, and the córtes issued a rather humiliating order defining the route and manner of entry so as to oblige him to take the oath to the constitution before assuming sovereign power. Text of treaty in Hernandez y Dávalos, Col. Doc., v. 595-604.
9. This representation, known as the Persian from the opening phrase, was dated April 12th and headed by Bernardo Mozo Rosales, some of the following 69 signatures being added later with a view to court favor. Text with signers and refutation in Hernandez y Dávalos, Col. Doc., v. 377-532. Record of proceedings in the córtes are given in Córtes, Act. Ord., 1814, i.-ii.
10. The córtes had in Oct. 1813 reconstructed the regency, so that it now consisted of Cardinal Luis de Borbon, Pedro Agar, an American, and Gabriel Ciscar, both of the navy. The cardinal was sent away, but his colleagues fared worse. Among imprisoned Mexican deputies were Arizpe, Manian, Larrazábal, Teran, and Felín. These proceedings took place on May 10th and 11th, with no little commotion. Arizpe's wail is uttered in his Idea Gen. sobre Conducta, 4-10.
11. Issued on the 11th.
12. Perez, deputy for Puebla, and last president of the córtes, received the mitre of that see. Gordoa and Ramirez were appointed canons of Guadalajara, and Rus and Mendiola, oidores of the same place. Rosales was made a count, Lardizábal, minister of the Indies, and so forth, one lowly person, who had merely brought a pen for drafting the decree of May 4th, being raised to councillor.
13. Orders for celebration in Hernandez y Dávalos, Col. Doc., v. 541-2. Cos' counter proclamation in Id., vi. 227-8, designating the return as a French intrigue and disastrous. See also Pap. Var., clviii. pts Iv. lix. Arechederreta in his Diario gives details of this minor celebration. Ladies dressed in white and escorted carried round the portrait of the king, and Indians had their semi-grotesque processions. Zamacois, Hist. Méj., ix. 499, attributes greater enthusiasm than really appeared.
14. Embracing the viceroy as gefe politico, Intendente Gutierrez del Mazo of Mexico; the canon Angel Gazano and J. B. Lobo, trader of Vera Cruz, deputies for Mexico; García Ilhueca, suplente for Mexico; Col Acebedo for Querétaro; Licentiate Daza, for Tlascala. Report with reasons in Gaz. de Mex., 1814, v. 793-4. Canon Vazquez joined a fortnight later, for Puebla. Rules, etc., in Hernandez y Dávalos, Col. Doc., v. 575-8; Mex., Col. Dec. y Ord., 116.
15. Bustamante attacks the dean as 'el órgano de la mas vil adulacion,' and reproduces one of the pasquinades against him. Cuad. Hist., iii. 104-5. The decree is given in Hernandez y Dávalos, Col. Doc., v. 606; Rockwell's Span. Mex. Law, 398; and an account of the celebration on August 10th in Gaz. de Méj., 1814, v. 959-60.
16. A programme of celebrations at Mexico, extending from Dec. 8th till Jan. 7th, is given in Id, 1344, and descriptions of special ceremonies appear in following numbers. Medals were struck to commemorate the incident. Iturbide gave at Irapuato a sham battle to represent Calleja's victory at Calderon. Id, 1815, vi. 102-6, 388-90, etc.; Negrete, Mex. Siglo XIX., vi. 471-8; Córtes, Acta Ord., 1814, ii. 187. During the festivities a rare phenomenon took place in a fall of snow on Dec. 26th, four inches in thickness. The pendon celebration of the conquest was renewed, and Cárlos IV. and his reviled consort received again honors on their saints' days.
17. Proclamation in Gaz. de Mex., 1814, v. 1009-11. Decrees for army in Fernando VII., Decretos, 4-5, 9-22, 65-7, and how applied. Pap. Var., clviii. pt xxxiii. 994-8; Rivero, Mex., 1842, 151.
18. Gaz. de Mex., 1814, v. 1025-7. The constitution of 1812 and the córtes are here termed illegal and unauthorized, and aiming to undermine monarchy, religion, and welfare. 'De la proxima convocacion de las Córtes. . se ocupa una comision. ' Five days later appeared a decree countermanding the departure of any deputies.
19. Including Oidor Morquera y Figueroa, late regent of New Spain, Oidor Bodega of Mexico, a Peruvian by birth, and the Guatemalan Alcinena. The Mexican Lardizábal y Uribe, brother of the minister, was replaced in the restored council of Castile. Id., 1217-20, etc.
20. Decrees with regulations in Gaz. de Mex., 1814, v. 1141-4, 1380, etc. Arechederreta speaks in his Diario of the usual election tumults. Pap. Var., clviii. pt Ivi. 4-8.
21. Two prominent members had just died, the regent, Doctor Calderon. a native of Mexico, and Auditor Foncerrada; the rich and generous Conde de Basoco followed them.
22. 'Se empeña en degradar y envilecer á la especie humana,' inveighs Bustamante bitterly. Cuad. Hist., iii. 103. The decree reëstablishing the old judicial system was issued at Mexico on Dec. 15th. Gaz. de Mex., 1814, v. 1378-81.
23. Edict of Inquisitor Flores dated Jan. 21, 1815. Id., 1815, vi. 83-6. This official was the only one who had remained in Mexico. The effects of the tribunal had by this time been nearly all sold. Confessors were permitted to absolve light offences. Even the pious Bustamante ventures to declaim against this restoration 'y con ella sus furores.' Cuad. Hist., iii. 109.
24. One by Rayon, drafted by the flighty Bustamante, was sent to the consulado of Mexico, which naturally feared to receive it. Sent to the viceroy, he caused it to be publicly burned. Cos, Torres, and others also figured with the pen; the former pointing out that the insurgents must under the new aspect be regarded as less rebellious than their opponents, who had supported illegal córtes against the king. Bustamante addressed two private letters to the viceroy, advising him to enter into negotiations with Rayon and save his person, for the United States were about to join and give victory to the insurgents. These different documents may be consulted in Hernandez y Dávalos, Col. Doc., v. 610-13, 702, vi. 215-16, 233-7, etc.; Bustamante, Cuad. Hist., iii. 62 et seq.; Mendíbil, Resúmen Hist., 397-401; Zavala, Rev. Mex., 312-17.
25. Gaz. de Mex., 1814, v. 1345-8, 681-4, 737-9.
26. Text in Id., 681-4. It was at first limited to 30 days. All intercourse with rebels was strictly prohibited. Dispos. Varias, ii. 19. See also Fernando VII., Decretos, 5-8, 15-16. Appeals were also made direct to insurgents, Hernandez y Dávalos, Col. Doc., v. 548-50, 566-9, and rejected by Rayon, etc. Id., 674; Negrete, Mex., Siglo XIX., vi. 319, 478, et seq.; Córtes, Act. Ord., 1814, ii. 95.
27. Among the pardoned were Doctor Maldonado, who in Hidalgo's time published at Guadalajara the Despertador, and now issued the Telégrafo ó Semanario Patriótico. Comments on the growing conciliation in Pizarro, Reflex., 1-11; Pap. Var., ccxv. pt vi., and Torrente, Rev., ii. 109-10. Yet a number of persons were left to languish in prison. Instance Lorenzo de Zavala, later author of Revoluciones de Mexico.
28. From Uruapan to the haciendas Santa Efigenia, Púturo, and Tiripitio, and finally to Apatzingan.
29. There was rarely any money in the treasury. The deputies had to share the rations of the soldiers.
30. A manifesto was issued at Tiripitio on June 15th to refute the charge of discord. Hernandez y Dávalos, Col. Doc., v. 543-4.
31. As intimated in a manifest of the congress to the nation, of Oct. 23d. Hernandez y Dávalos, Col. Doc., v. 720-3. For greater satisfaction I add a more complete synopsis of the document. It consists of two parts: principles and form of government, comprising 6 and 22 chapters respectively, the whole divided into 242 articles. The first article declares the Roman catholic the sole religion. The following chapters of the first part dwell on sovereignty and equality. Mexican America is divided into 17 inseparable provinces: Mexico, Puebla, Tlascala, Vera Cruz, Yucatan, Oajaca, Tecpan, Michoacan, Querétaro, Guadalajara, Guanajuato, Potosí, Zacatecas, Durango, Sonora, Coahuila, and Nuevo Reyno de Leon. The sovereignty of the people is vested in the representative supreme Mexican congress, besides which are created two bodies, the supreme government and the supreme tribunal of justice, all to reside in one place, but in separate palaces and with special guards.

    The congress shall consist of one deputy from each province, elected for two years. Deputies must be 30 years of age; no two close relatives can sit at the same time. Their election is indirect. Every person above the age of 18 born in the country, and naturalized foreigners, vote for electors, one for each parish. These unite to choose partido electors, who again meet to elect the deputy, each voter in both cases depositing a ticket with three nominees, the majority of votes deciding. While the provinces are occupied by the enemy, existing deputies choose suplentes for them. The congress is to have a president and vice-president, selected every three months by lot. The body is entitled majesty, and each deputy excellency. The congress elects the members of the supreme government, supreme court of justice, residencia tribunal, etc., appoints envoys, chooses generals of division from a trio nominated by the government, decrees laws, subject to criticisms from government and supreme court, fixes taxation, etc. The supreme government shall consist of three persons, equal in authority, and alternating every four months in the presidency as decided by lot on first assuming office. The congress elects in secret session nine nominees, from whom the deputies choose by ballot the three rulers. One of them retires every year, by lot drawn in congress. There shall be three secretaries of war, treasury, and government, holding office for four years. Reëlection cannot take place before the lapse of an intermediate term. The supreme government is entitled highness, the ruler excellency, and the secretary Señoria. The government has the power to organize and move armies and appoint to a number of military and civil offices, etc. National funds to be administered by an intendencia general, consisting of an intendente general, a fiscal, an asesor. two ministros, and a secretary. Similar boards are to be formed in each province, headed by the intendente of the province, who holds office for three years, like the intendente general.

    The supreme tribunal of justice shall consist for the present of five judges elected like the executive, who alternate in the presidency every three months, and retire by lot, two with the first year, two with the second, and the fifth with the third year. There shall be a fiscal for civil and criminal cases respectively, with the title of Señoria, the judges being called excellencies and the court highness. The government shall appoint judges for partidos for three years, till popular elections can be held. These judges wield the same judicial power as the former subdelegates. In towns and villages existing governments shall remain till the congress finds opportunity to change the system. The government has to appoint ecclesiastic judges to try ecclesiastics in the first instance. A residencia tribunal of seven judges shall be chosen by lot, by the congress, from the candidates selected by provincial electors, one for each province; and its duty shall be to decide charges against members of congress, government, and supreme court.

    The congress shall form within a year after the next installation of government, a plan for a representation based on population and suited to tho latest change of circumstances. As soon as all the provinces save Yucatan, Sonora, Coahuila, and Nuevo Leon are free from foes, the government must convoke the national representation in accordance with that plan, and into its hands the congress shall surrender the sovereign power. The present constitution remains in force till this new body frames another.

    To this document, dated October 22, 1814, are attached the signatures of Liceaga, deputy for Guanajuato and president, Verdusco, deputy for Michoacan, Morelos for Nuevo Leon, Herrera for Tecpan, Cos for Zacatecas, Sotero de Castañeda for Durango, Ortiz de Zarate for Tlascala, Alderete y Soria for Querétaro, Antonio José Montezuma for Coahuila, Ponce de Leon for Sonora, Argándar for San Luis Potosí, and secretaries Yarza and Bermeo. It is added that Rayon, Crespo, Quintana, Bustamante, and Sesma were absent, but had contributed their views. The supreme government countersigns on Oct. 24th, in the persons of Liceaga, as president, Morelos and Cos, and Yarza, as secretary. Text in Hernandez y Dávalos, Col. Doc., v. 703-20; Mex., Dec. Constit. Apatzingan. Imprenta Nacional, año 1815, 12mo, 1-88, one of the rare early special issues of the constitution. Dublan y Lozano, Ley, Mex., i. 427-51; Derecho Intern. Mex., pt iii. 470-93. Bustamante also reproduces it in his Cuad. Hist., iii. 157-89; Die. Univ., ap. i. 220-32; Perez, Die. Geog., i. 524-40; Araujo y San Roman, Impug., Pap. Var., Ixvi. pt v.; Mex. Dec. Constit., 1-68, in Constit., ii.; Negrete, Mex. Siglo XIX., vi. 343-85, with synopsis in Alaman, Mendíbil, etc. Morelos states that the framers of the document were Quintana, Bustamante, and Herrera, Declaracion, 29; but Bustamante certainly could not claim the share. With regard to the provinces it is to be noted that Vera Cruz comprised Tabasco, San Luis Potosí included Tamaulipas or Nuevo Santander, and Sonora covered Sinaloa. The rules governing congress, elections, and several other features are adopted from the Spanish constitution, while the financial and residencia systems are mainly derived from the colonial laws.

32. At an expense of $8,000. 'Cantidad excesiva, y que debió economizarse,' observes Bustamante. Cuad. Hist., iii. 204-8. Morelos, he adds, danced for joy that day, displaying a glittering uniform and embracing every body. The other judges were Ponce, Martinez, and Castro. A letter from Antequera complains of the cost of type for printing, two to three pesos a pound, and the difficulty of obtaining it. Hernandez y Dávalos, Col. Doc., v. 238-9.
33. The emblems on the balance beam surmounting the temple, a pen, staff, and sword, symbolize the legislative, executive, and judicial powers, respectively.
34. Faithful royalists, instead of patriots, which designation had been widely adopted by the other side.
35. Text of denunciation in Gaz. de Mex., 1815, vi. 727-34; see also 537-42, containing Calleja's decree, 553-6, that of the cathedral chapter at Mexico, 703-10, giving Doctor Torres' formal argument against the constitution. Modelo de los Cristianos, Mex. 1814, 1-123, is another argument. Miscelanea, i. pt iv.-v.; Salvador, Suscrip., 1-22; Bergosa y Jordan, Carta Pastoral, 1-20; Guerra, Oracion; Pap. Var., Ixv. pt xiv., clxi. pt xxv.
36. Rosains entered into negotiations with him, and the congress ordered joyous demonstrations. See Hernandez y Dávalos, Col. Doc., v. 547, 570, vi. 233, 243; Rivera, Hist. Jalapa, i. 501-2; Bustamante, Cuad. Hist., iii. 55-6.
37. Two hundred were sent to Rosains. Rel. Hist., 11. The Spanish government took alarm and ordered a fleet against the pirates. Córtes, Act. Ord., i. 453, ii. 19. Anaya's companion Father Pedroza revealed his plans to the Spanish consul at New Orleans. Declaration in Gaz. de Mex., 1816, vii. 2-3.
38. Amer. State Papers, iv. 1, 422-626, passim; Niles' Register, ix. 33, 315, 392-7, 405, etc.; Negrete, Mex. Siglo XIX., vi. 419-24. Rosains on his side checked the project to appoint Anaya a minister and empower him to seek a loan of six millions. Rel. Hist., 12, et seq. He remained a mere agent awhile and came back bringing John Robinson.
39. He separated from Rayon after the fall of Zacatlan, but failed to obtain either means or opportunity for departure. He had several narrow escapes in his effort to reach the coast between Oct. 1814 and Feb. 1815. Cuad. Hist., iii. 60-1, 210-11, 216, etc.; Id., Hay Tiempo de Hablar.
40. Alvarez de Toledo stated by letter of May 1815, that he had 2,000 men, and needed only funds to raise 10,000. John Robinson, who claimed to be a brigadier in the U. S. army, came about the same time with Anaya and promised to bring 10,000 men. He obtained $1,000 and was authorized to capture Pensacola in Florida, but remained at Tehuacan. Herrera was accompanied by deputy Zarate as secretary, Father Ponz, late provincial of Santo Domingo de Puebla, as chaplain, and a son of Morelos, young Almonte. He received $15,000 and authority to collect all he could en route. Later remittances followed. With him went Peredo and an American named Elias, with commission to fit out a privateer. . .Captured vessels and arms to be delivered to the congress together with half the cargo and other booty. Nothing came of it, nor of the $8,000 given them. Morelos, Declaracion, 43-4; Mendíbil, Resúmen Hist., 491-2. The appeal to Hayti failed and England held aloof. Hernandez y Dávalos, Col. Doc., v. 609; Quart. Rev., xvii. 548-53; Mayer MSS., pt xxvii. 7-14.
41. Always on condition of repaying the sum taken. Further, the concession of cruzada bulls, exemption from fast, restoration of Jesuits, and formation of sees, colleges, and benevolent institutions. Cruzada bulls had at one time been suppressed by Rayon as a royalist resource. Negrete, Mex. Siglo XIX., vi. 482-8. For details concerning attitude between church and insurgents, see Hernandez y Dávalos, Col. Doc., vi. 63-5, 264-74, 480-1, 539-639, passim; Araujo y San Roman, Impug., 59-66; Rivero, Mex. 1842, 151; Pap. Var., Ixvi. pt v.
42. Herrera came back at the close of 1816, accepted pardon from the royalists, and furnished in return compromising revelations. Bustamante, Cuad, Hist., iii. 391-3.