History of Mexico (Bancroft)/Volume 5/Chapter 27

by Hubert Howe Bancroft

 

CHAPTER XXVII.

 

CONSTITUTION AND REFORMS.

 

1856-1857.

Comonfort Suspected — Archbishop La Garza's Course — Ley Lerdo — Comonfort and Congress Reconciled — Constitution of 1857 — Rebellious Clergy — Second Puebla Campaign — More Seditious Acts — Negotiations with the Pope Fail — More Suspicions against Comonfort — Political Confusion — Laws Affecting the Clergy — Conservative Manœuvres — Liberal Demands — Comonfort's Vacillation

The delay in promulgating the constitution, and the bickerings in the liberal party, filled the minds of its best men with fear that the reactionists might regain the ascendancy, renew past horrors, and even dismember the country. The chief points at issue in the party were: the organization of Coahuila and Nuevo Leon as one state;^[1] the reinstallation of the government council decreed by the president; and Ál varez' resignation of the presidency. The conservatives and the clergy were bent on making of every political question a religious one, and the radicals were disclosing socialistic views. The allied foes of the ruling party had, for a while, pretended to side with the president, highly commending his conciliatory spirit and his energetic measures to preserve public order; they had actually advocated his striking a blow at the congress. Their purpose, as was subsequently made clear, was a sinister one, and nearly succeeded. It was to alienate from him the good-will of the radical progressionist wing of his supporters, who now began to attribute his moderation to the representations of the ecclesiastics, and a large part of the women in opposition to the establishment of freedom of religious worship. But so soon as the liberals became united by the very policy the president pursued, the reactionary press changed its tone and began a tirade against him.^[2] Even the venerable archbishop was not spared, for he was accused of advising that the ecclesiastical issues should be arranged with the pope. Their invectives were so scandalous that the government ceased to forbear, and suppressed La Sociedad, La Patria, and other journals; the rabid partisans of the clergy then resorted to anonymous papers upholding their principles of retrogression, which they caused to appear on street corners.

 

Lázaro de la Garza y Ballesteros, archbishop of Mexico, was born in Nuevo Leon, on the 17th of December, 1785. In 1810 he was admitted to the bar, and in 1815, his vocation being for the priesthood, he was ordained,^[3] after which he held several important ecclesiastical positions, and on the 31st of October, 1837, became bishop of Sonora and Sinaloa, which see had been vacant fourteen years. His course in the diocese won him general respect and love. Не had visited it before 1848 as far as Úres, 200 leagues from his capital, overcoming great difficulties and suffering from illness. His promotion to the metropolitan church of Mexico was on the 30th of September, 1850.

Garza greatly exerted himself to reform his clergy, and was munificent;^[4] but he lived without display and on the plainest food. The archbishop's position became difficult, having to guard the interests of the church, and at the same time avoid being converted to any political party. He defended these interests, and even his foes gave him credit for honesty of purpose, acknowledging that he could not do otherwise. He could not conscientiously allow the church to lose its property from any worldly purpose; but he often said that if the people assented he would cheerfully let it go.

What Garza lacked at times was flexibility for arranging difficulties by gentle means. He was not amiable by nature, nor imbued with the spirit of the age. It was painful that one so remarkable for his virtue, and who had done so much for public instruction, should have his last days so imbittered. He was in 1861 banished from Mexico, and took up his residence in Cuba, where he remained till called to Rome by Pius IX. He only reached Barcelona, where he died March 11, 1862. His funeral on the 13th was sumptuous; it was headed by the captain-general, and attended by all the authorities and a large concourse of people.^[5]

The radicals, on the other hand, accused Comonfort and his ministers of being at best but lukewarm supporters of democratic reform. The president frequently conferred with the deputies, endeavoring to bring about a reconciliation, all without success, till at last he began to lose patience, and declared that he would make no further effort. But though sorely tempted, he committed no abrupt act. No actual rupture took place between the two powers, because the minsters were in accord with the majority in congress to carry out the purposes of the revolution.

A number of questions of a secondary nature, the solution of which had been put off, had now accumulated, forming elements for an explosion. Harmony between the president and congress appeared impossible; but as the former had taken no irretrievable action, the much-desired accord was happily brought about in a great measure by the 'ley de desamortizacion civil y eclesiástica,' enacted by the executive on the 25th of June, 1856, and which having been framed by Miguel Lerdo de Tejada, the secretary of the treasury,^[6] came to be known as the ley Lerdo.^[7]

This law, after a warm discussion, during which the radicals opposed it as insufficient and favorable to the clergy, was confirmed on the 28th by a large majority,^[8] and became a bond of union between the executive and the representatives of the people. The president and his ministers received popular ovations. Beneficial results were expected from the law; and many believed that the enlightened portion of the clergy would look upon it as a beneficent measure, and be grateful to the government for having adopted it. This hope, however, was groundless. The partisans of the old blunder transmitted from colonial times, by which three fourths of the landed property in the country had been vested in mortmain, disgusted at the praise thus bestowed on the ley Lerdo, assailed it with all their might. The archbishop asked the president to repeal it, setting forth the difficulties of his position, his conscience struggling between his ecclesiastical duty to protect intact the property of the clergy and his sworn obedience to the civil laws, provided the latter did not encroach on the rights of the church; otherwise, rather than to abide by them, he would willingly bear all the suffering that those laws could inflict on him.^[9] Archbishop La Garza acted with moderation, contrasting with the haughtiness and evil disposition of a large portion of the clergy, who openly rebelled against the measure, and resorted to all means to mislead public opinion, alarm the timid, torture conscience by starting doubts, and breaking the public peace. The bishop of Linares, Belaunzaran, and other high ecclesiastics resolved to disobey the orders; likewise, the bishop of Guadalajara and the governor of the diocese of Puebla forbade obedience to the law.^[10] On the other hand, the discontented reformers demanded a radical change in the basis of the transfers, and helped to keep up the agitation, which was fast assuming a serious aspect.

Meanwhile the discussion of the articles of the constitution had been going on amid the violent hostility of the conservative press, as well as of opposition in the committee, two of whose members had given a dissenting vote. Two others signed the report, with the reservation of voting against one or more of its articles; and still another declined signing it. A number of the most prominent members advocated the revival of the constitution of 1824, as better suited to the Mexican mind. The project was also opposed on the part of the government by the distinguished statesman Luis de la Rosa; but was finally accepted as a whole by 93 ayes against five nays, and the consideration of each article slowly went on. The archbishop remonstrated to congress against article 15, which treated of religious freedom, asking that the Roman catholic worship should be the only one permitted. The debate on this point began on the 29th of July. There were present 106 deputies, and a crowd of people filled the galleries.^[11] It lasted till the 5th of August, when it was decided not to put the article to the vote, by 65 nays to 46 ayes. Not having been rejected, it was referred back to the committee for a report in some other form. The question was thus left to the future. But one great point had been gained: light had been thrown upon it by discussion, and the principle was bound to triumph.^[12]

The labors of the congress on the constitution were terminated on the 5th of February, 1857, and the fundamental code as adopted was signed, and its support sworn to by each member; after which President Comonfort was escorted to the house, and he also took the oath before God "to recognize, observe, and cause to be observed, the political constitution of the Mexican republic which the congress has issued on this day."^[13] After this, both congress and the president made addresses to the nation, and the new constitution was duly promulgated by the latter on the 12th of February, to take effect on the following 16th of September. On that date the executive issued the electoral law in 67 articles, that had been decreed by the congress on the 3d.^[14] Let us now retrace our steps to glance at the general political situation. The clergy of Puebla were resolved to obstruct at all hazards the execution of the Lerdo law; whereupon the government adopted stringent measures. Excommunications were fulminated, but they produced little effect. The transfers of estates went on, though slowly, owing to the conscientious scruples of some and the fear of political persecution on the part of others. Several riots broke out in spite of official vigilance, and numbers of ecclesiastics and military officers had to go into exile.^[15]The restless Vidaurri had revolted on the northern frontier, seizing Saltillo and Matehuala; under his name many disturbances occurred. He was favored by San Luis Potosí, now a reactionist centre, which kept up correspondence with other large towns, the capital included, and was offering money to win over the government troops. The whole country was in turmoil. No sign of revolution appeared in the city of Mexico, however, till September; on the night of the 14th a lady gave the president particulars of a seditious movement that was to break out on the national anniversary during the civic procession. Further evidence being obtained, on the night of the 15th the Franciscans were arrested, and their convent being occupied by an armed force, a number of conspirators, some of whom were friars, fell into the hands of the government.^[16] In view of this, the

executive, on the 17th, decreed the suppression of the convent and the sequestration of all its property, excepting the main church and chapels, sacred vessels, ornaments, relics, and images, which were surrendered to the archbishop. These energetic measures to curb the clergy lost force by the pardoning of the officers who had capitulated at Puebla, and were actually plotting more than ever, and in despatching Ezequiel Montes, early in October, to beg the pope to accede to an impossible arrangement. The archbishop was requested to check that portion of the clergy who by word and example urged rebellion against the national administration; and he made an effort to that end, which had no effect. In thousands of documents, religion, fueros, and the extermination of the liberals were proclaimed, and the masses were called on to take up arms in the name of God against the authorities. Comonfort, thinking to mollify the opposition of Puebla, accepted Governor Traconis' proffered resignation, and sent there José María García Conde, a man possessed of moderation and prudence blended with firmness, to inaugurate a less rigid rule;^[17] but it was all useless, and the government was thus placed in the necessity of putting down by force of arms the revolutionary movements breaking out at several places simultaneously, at a time when nearly all its available troops were operating on the frontier against Vidaurri.

 

Querétaro, with a small garrison, after a slight resistance, in which the comandante general, Magaña, perished, fell on the 13th of October into the hands of Tomás Mejía, an officer who had been pardoned for his share in Uraga's rebellion. The rebels, together with religion and fueros, promised the Indians to protect the tenure of landed property.^[18] San Juan del Rio, Tulancingo, and Tlaxco were also assailed. The centre of all these revolts was Mexico. Puebla, the cradle of the reaction, again became a bloody field. On the 16th of October the reactionists attempted to bribe a body of troops, but failed and lost their money. They were, however, more successful on the 20th, when there was a revolt under the lead of Colonel Joaquin Orihuela and Lieutenant-colonel Miguel Miramon, but really directed by the clergyman Francisco J. Miranda, rector of the chief parish.^[19] A portion of the garrison had been prevailed on to mutiny, demanding the repeal of the Juarez and Lerdo laws; seized the artillery and ammunition; for a while kept under arrest the governor, comandante general, and other officers; and finally compelled the loyal force under Cayetano Montero to retreat in the direction of Mexico. The prisoners obtained their freedom through the energetic defence made with 80 men by Lieutenant-colonel Diaz Quijano, thereby securing a favorable capitulation.^[20]

These overt acts against the reform, to which the majority of the nation was laboring to give life, served to strengthen the liberal union; this became evident when congress, on being asked by the president to suspend for a time its revisory authority over governmental acts, went still further, giving him a vote of confidence, heartily joined in by the progressionist opposition. A commission was named to arrange the difficulties between the supreme government and that of Nuevo Leon.

Aside from the rebels of Puebla, Iguala, and those who afterward appeared in San Luis Potosí, none of the others had any fixed plan, unless it was that conveyed by their war-cry of 'religion y fueros,' which drew into their ranks the ignorant, who were misled by the oft-repeated charge that religion was persecuted by the government.

The president, under the difficulties besetting him on all sides, with but few available troops at hand, and with an empty treasury, managed, aided indubitably by an extraordinary good fortune, to overcome them all. He summoned to his support the military, the representatives of the people, and other prominent men. He armed the national guard, gathered troops, and procured pecuniary means from the merchants. At first he contemplated taking command in person of the forces organized to march against Puebla; but in view of the facts that there were many other places demanding his attention, and that Mexico was the centre of the conspiracies, he resolved to remain in the capital, and despatched the army of operations with abundance of artillery under General Tomás Moreno. It was reënforced by troops from Tlascala, until the total force to operate against Puebla was over 4,000 men under Traconis, Zuloaga, Trias, and Lamberg. Gonzalez Mendoza assumed command of the portion assembled at San Martin.

The plan of operations against Puebla was to capture the rebels rather than to destroy them; but with their small number of only about 200 men they made an unexpected defence, sustained by the belief that seditious movements, of preparations for which they had been apprised, would break out in other cities, Osollo heading one at the capital. Such movements did occur in Maravatio and Tacámbaro, Celaya, Huauchinango, Capula, and elsewhere. Even in the neighborhood of Cordoba were seen some rebel leaders. Meantime the revolted garrison of Puebla stoutly defended every inch of ground. Fresh troops ar rived daily from the capital; the water was cut off; fighting was kept up along the whole extent of the fortifications; and the besieged were forced at last,

Operations against Puebla

on the 29th of November, to ask for a capitulation, which was signed some days after. Having on the 2d of December lost the intrenchments of San Luis and other points, the chiefs Orihuela and Miramon effected their escape, leaving in command Colonel Fernandez, who concluded next day the capitulation, under the pledge that the lives of the besieged would be spared, and they were to surrender their arms — a condition that they failed to fulfil.^[21] A force under Pueblita was despatched to intercept Osollo and Gutierrez, who had attempted to relieve Puebla by occupying Tlascala. Public opinion, and not a few members of the congress, disapproved of the capitulation, and so did the president, on the ground that the leaders who had caused so much bloodshed being left with life, it was reasonable to expect there would soon be another attempt at revolution. Peremptory orders were given for the prisoners to give up arms, or they would be dealt with as conspirators. Orihuela was taken at Atlangatepec and shot in Huamantla. Other rebel forces were dispersed by Moreno's energetic action. But others continued their depredations in several parts. In fact, there was hardly a state in which the rebels had not marauding bands. Comonfort succeeded, however, with the aid of public opinion, in subduing the spirit of rebellion for the moment at least.^[22]

He banished several persons, one of whom was General Pacheco, for plotting another sedition in the capital, and enacted on December 6th a law for the punishment of crimes against the nation, public order, and peace.^[23] The reactionists being now defeated, it was generally believed that with one more effort cominercial activity and public confidence would be revived; but it was not to be so. Another seditious act occurred at San Luis Potosí; over 1,000 men of Rosas Landa's brigades, returning from Nuevo Leon under the lead of Manuel María Calvo, revolted on the 10th of December, taking up the cry of religion and fueros, which compelled the rest of the force under General Echeagaray to leave the city. Rosas Landa was held as a prisoner for a time. This event confirmed the uselessness of conciliatory measures in dealing with the foes of reform. For some time past it had been rumored that there was in the city of Mexico a directing board,^[24] the names of whose members had not been divulged. Subsequent events proved its existence and activity. The troops at San Luis Potosí being destitute of resources, the directorio sent Calvo there with money, and he succeeded in winning over a portion of the troops to his projects, in which he was aided by José M. Alfaro, one of the officers who capitulated at Puebla in March, and by Juan Othon, a resident of San Luis.^[25] This affair coincided with hostile movements in Michoacan, Tlascala, and other places; in the southern part of the district of Orizaba, a party under Abascal committed outrages, using the name of Álvarez.^[26] Some of Tomás Mejía's forces from the sierra committed

24 'Directorio Conservador Central.' Rivera, Hist. Jalapa, iv. 721-35, passim; Id., Gob. de Méx., ii. 510. acts of hostility in San Juan de los Llanos; the Indians of Chapala revolted by instigation from Guadalajara,^[27] and Osollo, pursued by Lamberg, went to San Luis Potosí to assume command by order of the directorio conservador residing in Mexico. The government despatched 4,000 men under Parrodi, that had been organized by the governors of Guanajuato and Zacatecas, to bring the insurgents to terms. The latter soon found themselves destitute of resources. Discontent, and dissensions of which they had not been exempt from the start, now became general. Several interior towns had been terrorized by them, but on learning that the states were raising troops in aid of the government, Vidaurri having provided 1,600 men, besides others furnished by Zacatecas and Aguascalientes,^[28] they hastened their own ruin. One of their chiefs seized $240,000 deposited in the British consul's house, and in doing so broke open the door, over which was the British coat of arms.^[29] The rebel leaders finally concluded that San Luis could not be successfully defended, which led to its abandonment, most of their forces going toward San Pedro Toliman, and after evacuating Cadereita, taking up a position on the impregnable Magdalena, a hill at the entrance of the sierra, where Parrodi laid siege to them. Hunger and thirst forced them to leave the stronghold, and retreat on the night of February 6, 1857, by way of Ajuchitlan and the hacienda Esperanza; but their departure was detected, and they were routed in Tunas Blancas, this defeat being soon followed by the loss of their artillery, ammunition, and a considerable number of prisoners, one of whom was ex-Colonel Osollo with a wounded arm.^[30] The reactionists were thus struck another heavy blow, and hopes of peace revived again. The above happy event coincided with the adoption of the new constitution, a settlement of difficulties with Great Britain, and the sending of Lafragua to Spain to arrange, if possible, questions pending with that government.

According to a report laid before the nation by the president and his cabinet,^[31] on the 4th of March, there were no considerable hostile bodies in the field.^[32] But Comonfort's government was not to have peace. It was a peculiar feature of it to have new difficulties arise as soon as former ones that beset it had been overcome. Miguel Lerdo de Tejada, minister of the treasury and of relations, had resigned his offices in January,^[33] which gave rise to strange rumors. There were popular demonstrations, and a change in the policy of the government was foretold, grounded on the supposition that inasmuch as Lerdo had been the author of certain reforms, his separation from the government would be the forerunner of retrocession. Indeed, there was a general apprehension that Comonfort intended a coup d'état. The Estandarte Nacional, official journal, and the officious organs denied it; but the conservative press called it a good idea, and abused the congress with such bitterness that the government suspended the journal Las Novedades.

Comonfort issued a pardon to all partisans of the reaction soliciting it, with the exception of such as were taken with arms in their hands. The last attempt at San Luis ought to have taught him the folly of exercising clemency toward men who merely wanted a chance to compass his destruction. And yet he actually pardoned many of the government's worst enemies;^[34] one of them was Osollo, at the request of Parrodi.

Comonfort had to overcome by his own authority all difficulties of a governmental nature that might present themselves till the new constitution went into operation, and a constitutional régime was installed. Some had wanted the new code to be enforced at once; others wished the dictatorship continued till after the elections; and there were not wanting those who suggested the organization of a provisional government. Congress, however, resolved that the plan of Ayutla, and the government it created with Comonfort at its head, should prevail until a president and congress were constitutionally chosen. The enemies of the executive, on assertions and comments of the press in the United States, accused him of having solicited an alliance with that nation, which virtually would be a protectorate over Mexico. The liberal press with indignation rejected the reports, which, though purely sensational, served to give weight to the slanderous charges of the reaction. It is true that a treaty was concluded with the American minister for pecuniary assistance, to be repaid, which treaty was not ratified by the senate of the United States, and therefore was void.

The scarcity of resources, an old affliction, was one of the most serious troubles the government contended with; for it had to pay the sums agreed upon in the English convention, and with a much diminished revenue to meet the obligations contracted both by the former administration and by the revolution of Ayutla. Added to all that were the complaints heard on all sides of the depredations caused by marauding bands,^[35] and the impending invasion of Mexican territory by filibustering forces organized in California.

The constituent congress closed its session on the 17th of February,^[36] without enacting organic laws for the development of the constitution, and the people for a time feared there might be trouble when they saw day after day pass without the new fundamental law being published. However, as it did not imply restriction upon religious opinions, society placed itself on the side of the government; and thus was the formidable opposition on the ground of religion and fueros disarmed. The reverses suffered by the reaction had proceeded from moral rather than material force; for the people well understood that the plan of Ayutla conveyed positive benefits, equality before the law, and social reform. The partisans of reaction had now nothing to hope for, except from dissensions that might break out in the liberal party at the promulgation of the constitution. The outlook was favorable to future peace and order, and therefore the government felt enabled to carry out the programme outlined by President Comonfort in his last address to the national deputies. He took advantage of this lull to promulgate several important laws, some of which affected the clergy, such as that establishing the registro del estado civil, and that for the establishment and use of cemeteries.^[37] These two laws, and that of the 17th of March designating the public functionaries who were required to take the oath to support the national constitution, greatly irritated the clergy and their partisans. Their objection to the constitution and the law was not so much for what they said as for what they did not say. The fundamental code had failed to establish the catholic religion as that of the state; in fact, religion had been left out of the instrument; the law of the 17th of March made no mention of the ecclesiastics, and they refused to recognize the constitution.^[38]

The very existence of the organic law had been endangered by the hostile attitude of Blancarte, who refused obedience to the government at Zapopan in Jalisco, and was joined by many; but soon after, Parrodi brought him to terms, and he submitted. This was Comonfort's third triumph.

The conservatives called, like the rest of their fellow-citizens, to take part in the elections kept themselves away from the polls, several of them saying that they would not mix with the rabble, nor engage in electioneering trickery, but preferred to act without the pale of the law. The progressionists resolved to choose no man without knowing what were his political views; but this not being a custom in Mexico, they had to fall back on the candidate's political record. The liberal press maintained that the philosophical revolution recently carried through was a precursor of peace and good-will, that party hatred and persecution should disappear, and only the most patriotic, virtuous, and intelligent citizens should be chosen.

The public recognition of the new constitution was the touchstone for scandal; and as the days appointed for taking the oath happened to be in lent, many preachers assailed it from the pulpit, and its enemies in general made of the oath an occasion for secret meetings, at which the government was called a tyrant that wanted to domineer over consciences, when the constitution said not a word about them; the liberals were branded as atheists because that instrument established no state religion.^[39]

Many public officials from conscientious scruples refused to take the oath, and were accordingly dismissed. The archbishop, in a circular to his parish priests, declared the oath illicit, which filled with consternation numberless families whose heads and supporters had been in the necessity of submitting to the law, or losing their only means of livelihood.^[40] The priests demanded of those who had taken the oath to make a public retraction. This only lessened the influence of the clergy, and made many turn lukewarm in religious matters, seeing much that was worldly in the conduct of their bishops.

Among the most remarkable documents that emanated from the church was a pastoral of the bishop of Guadalajara, pointing out the articles which were deemed objectionable in the constitution, namely, the 3d, 5th, 6th, 7th, 13th, 27th, and 123d, in all of which the power of the church was more or less curtailed, but they contained nothing against christianity, or Roman catholic dogmas. The pope had also condemned the action of the Mexican government as oppressive to the church, and refused to treat with Montes, the envoy sent with overtures.^[41] The conservative journals paraded in their columns a number of retractions, boasting of their triumph. Comonfort, in order to avoid disputes with the clergy during the lenten season, went to reside temporarily at Tacubaya, where he had a garrison of 2,000 men under Zuloaga; but this did not avert the conflict that occurred in the holy-week between the civil and ecclesiastical authorities of the capital. The latter refused admittance on holy Thursday, April 9th, to the governor and other officials into the cathedral, on the ground of their being excommunicated for having sworn to support the constitution.^[42] These difficulties did not, however, prevent the execution of the president's decree; the constitution was gradually recognized throughout the republic, even by some ecclesiastics. Zealous catholics much desired to have their religion declared the religion of the state, to the exclusion of all other creeds. Petitions then came from all parts, asking the president to have the powers conferred by article 123 of the constitution^[43] used as the basis for the furtherance of their wishes.

The elections fully occupied the leaders of the liberal party, each seeking prominent position for himself. A central electoral committee or club had been installed in Mexico, whose members demanded of Comonfort a declaration of principles before giving him their support for the chief magistracy; but as he declined to give such a statement, alleging that he had no aspiration for that office, they took up Miguel Lerdo de Tejada for president of the republic, and Benito Juarez for president of the supreme court, both of whom also refused to issue the manifesto required. The committee then split. Lerdo's organ in the press, and his most strenuous supporter, the Clamor Progresista, lowered his prestige by declaring, to catch wavering votes, that a man may change his political opinions as circumstances demand.^[44] The consequence was, that the whole liberal press threw the weight of its influence in favor of Comonfort.

The institutions of the country were yet in jeopardy, not merely from the boiling of the political caldron, as seen in the attacks of a hostile press and pulpit, but also from the armed bands, and the repeated attempts at revolt in different quarters. Mejía and his followers refused to submit, unless on terms inadmissible by the government. There was an outbreak in Aguascalientes, and Puebla showed signs of insurrection. A plot was discovered in Tacubaya, in which several officers of the garrison were concerned, said to be for murdering the president; similar discoveries were made in Mexico and other places. A serious Indian revolt occurred in Guerrero.^[45]

One of the great obstacles to a proper administration of affairs was the want of a compact and firm ministry, and the situation was rendered more precarious by several arbitrary acts of the government.^[46] A. sudden ministerial crisis brought to the head of the cabinet Sebastian Lerdo de Tejada, as minister of relations, and to the portfolios of justice and government, respectively, Antonio García and Marcelino Castañeda. The political character of the new ministry was moderate, leaning to conservatism, whereas the preceding one inclined to radical liberalism.^[47] The crisis was attributed to some project in connection with tobacco, but the trouble really lay in Comonfort's vacillating course, in his lack of fixed principles, which led him to recede from his past progressive course;^[48] for which reason Castañeda remained but a short time in the cabinet, being succeeded by Jesus Teran, an able, upright, and progressive statesman.

At this juncture the press began to discuss whether it would not be best to continue the dictatorial régime, and postpone the operation of the constitution. This suggestion was made in the midst of the elections, and weakened the progresistas. Comonfort vacillated between that party and the moderado, which was his own; the latter was not in condition to assume leading role, owing to lack of organization and able leaders, and Comonfort still clung to the idea of forming the liberal union party with men professing merely republican principles. His course was suicidal, for reform principles had been the very life of his administration. He seemed to despair of being able to bear the reforms to a haven of safety, and this aroused suspicion and distrust of his intention. However, he tried to prepare the advent of the constitution so far as the political division of the country was concerned.^[49]

 

 

1. Governor Vidaurri having attempted to annex the greater part of Coahuila's towns to Nuevo Leon, the president, on the 15th of April, 1856, de clared his act null. This decree was confirmed by the constituent congress on the 25th of Sept. Archivo Mex., Col. Ley., ii. 371-2.
2. Le llamaron. . .contemporizador con la maldad.' Rivera, Gob. de Méx., ii. 502.
3. In 1819 the university conferred on him the degree of licentiate and doctor of canon law, and in 1330 that of licentiate of civil law.
4. His gifts for charitable and other useful public purposes are said to have exceeded $200,000.
5. Santa Anna had given him the grand cross of Guadalupe, and in 1853 the grand chancellorship of that order. Sosa, Episcop. Mex., 224-8; Soc. Mex. Geog. Boletin, 2^da ép., ii. 428-9.
6. 'Persona de mucho talento, y en materias de hacienda el hombre mas capaz que ha tenido Méjico; pero anticatólico.' Arrangoiz, Méj., ii. 348.
7. It was accompanied with a circular of the minister, explaining in greater detail than appeared in the preamble of the law the reasons prompting its promulgation. The lack of free conveyance of a large portion of the landed property was declared to be one of the greatest obstacles to the prosperity of the country. The law authorized tenants to become owners of the estates they held in lease from civil or ecclesiastical corporations; the same authorization was given to those holding mortmain property in emphyteusis, capitalizing at six per centum a year the rent they were paying to arrive at the value of the property, which was secured at six per centum in favor of the corporation formerly owning it, and made redeemable at the purchaser's convenience. From the effects of this law were exempted the buildings immediately applied to the service of a corporation. The law contained other clauses which it is unnecessary to detail here; let it suffice that under it the estates thus conveyed were not to revert to the corporations at any future time, and the latter were furthermore inhibited from owning or administering upon landed property. The government was to receive a five per centum excise on each conveyance of property, payable part in specie and part in bonds of the internal debt. Archivo Mex., Col. Ley., ii. 187-93, 254-65; Dublan and Lozano, Leg. Mex., viii. 197-201; Méx., Col. Leyes, 1861, i. introd. xviii.; Diario de Arisos, Jan. 29, 1858; Buenrostro, Hist. Seg. Cong. Const., i. 3; Rivera, Hist. Jalapa, iv. 665.
8. Ayes 78, against 15 nays. The debates may be seen in Zarco, Hist. Cong. Constituy., i. 597-615; Archivo Mex., Col. Ley., ii. 204.
9. The prelate foretold that only a few private persons would derive any benefit from the law in question. He reminded the government that the clergy had never failed, in times of tribulation, to contribute toward the relief of public necessities, expatiating also on the greater consideration shown at all times to tenants by the church than by private owners. This was on the 1st of July. On the 7th and 21st he repeated his efforts; his remarks were courteously considered by the minister, Ezequiel Montes, but caused no change in the policy of the government. Garza y Ballesteros, Lázaro de la Contestaciones, 3-54.
10. The total value of property transferred, under the decree, to the end of Dec. 1856, was $23,019,281. Méx., Mem. Hac., 1857, annex 149, 531-2. An address of Dec. 15th, attributed to the pope, alleged that Bishop Munguía had been exiled because of a representation made by him against the law of June 25th. The fact was, that he was on the point of being expelled for a seditious pastoral he intended publishing; but whether he made satisfactory explanations or did not issue the pastoral, the banishment was not carried out. Munguía's presence in Guanajuato served as a pretext to disturb the public peace, for which he was summoned to Mexico, but there was no disrespect shown to his person or office. Misrepresentations were purposely sent to the holy see of the prelates being abused, intended to create a bad impression against the government. Apuntam. sobre derecho púb. ecles., 11.
11. The discussion did honor to the chamber. Good faith, frankness, and courage prevailed. The reactionists tried to get up a mob to insult the deputies; they endeavored to enlist the arts of women in their behalf; but all intrigues availed nothing. Zarco, Hist. Cong. Constituy., i. 771-876, ii. 5-96.
12. It was again before the house on the 25th of Jan., 1857, the committee asking leave to definitely retire it, which after a stirring debate was granted. the next day by 75 to 22. Id., i. 813-17.
13. Among those who took part in the solemn act was the patriarch of reform in Mexico, the aged Valentin Gomez Farías, deputy for Jalisco, and president of the congress. As for Comonfort, did he intend to faithfully carry out his pledge, so solemnly given? or was it an act of weakness on his part to promise what his conscience disapproved? Events soon proved that he was insincere, or weak on that occasion. The new code was drawn up in the name of God and under the authority of the Mexican people, 'sobre la indestructible base de su legítima independencia proclamada el 16 de Setiembre de 1810, y consumada el 27 de Setiembre de 1821.' The following is a synopsis of this famous instrument, which strikes at the roots of the evils that had been so fatal to Mexico's peace and advancement. First and all along are recognized freedom and the rights of man. Slaves entering Mexico become ipso facto frce; teaching is made free; no law is to recognize any contract involving the loss or irrevocable sacrifice of man's freedom, whether by reason of labor, education, or religious vow, nor authorize agreements by which he may bind himself to proscription or exile; freedom of speech, of the press, and of petition in writing peaceably and respectfully; the freedom of the press to have no other limit than respect to private life, morality, and the public peace; the right of assembling without arms to discuss private or public affairs of a licit nature is not to be curtailed; the exercise of the privilege for public affairs belongs only to Mexican citizens; travelling and change of domicile without passports is secured; titles of nobility, and hereditary prerogatives and honors, are not recognized. Further, it is prescribed that no one shall be tried by special or retroacting laws, or special courts; that no person or corporation shall enjoy either privileges or emoluments, unless they are in compensation of a public service and fixed by law; family and domicile are made inviolable, unless to make arrest under a warrant from a proper court expressive of the charge; imprisonment for debt is forbidden, judicial costs are abolished, the administration of justice is made free; private property cannot in time of peace be taken without the owner's consent, unless it be for an object of public utility by paying for it, nor in time of war without making good its value. No corporation, civil or ecclesiastical, is allowed to acquire real estate, except the buildings used. Monopolies are abolished, save the coining of money, the postal service, and temporary patent rights. The duties of Mexicans and foreigners are defined. The second title is in two sections. The first prescribes the representative, democratic, and republican as the form of government; the nation being composed of free and sovereign states for their internal affairs, but whose special constitutions must conform with the principles of the nation's fundamental law; the second section names the states and territories, setting forth their boundaries, etc. The third title treats of the national powers, which are divided into legislative, executive, and judicial, prescribing the prerogatives and duties of each. Title 4 prescribes the responsibility of public functionaries, and how it is to be made effective. Title 5 sets forth the obligations of the states, and what they are prohibited to do. Title G says that what is not expressly granted to federal functionaries is understood to be reserved to the states; and prescribes the general obligations of federal officials, mode of disposing of the public treasury, etc. Title 7 permits the constitution to be amended or added to by two thirds of the members present, and the subsequent sanction of a majority of state legislatures. Title 8 declares the inviolability of the constitution. A transitory article ordered that the code should be published, and its support solemnly sworn to throughout the republic, and that it should go into operation from and after the 16th of September, 1857. It was signed by 95 deputies, and it will be noticed that no state religion is established, and that in fact the question of religion is ignored. Zarco, Cong. Constituy., ii. 993-1016; Méx., Cód. Reforma, 62-9; Méx., Col. Ley. Fund., 353-79; Méx., Col. Leyes, 1861, i. pt ii. 201; Jovar, Hist. Parl., iv. 924-36; Archivo Mer., Col. Ley., iii. 11-25, 26-66; Gallardo, Guia Cong. Constituy., 5-65; Diario de Avisos, Apr. 18, 1857; Rivera, Hist. Jalapa, iv. 733, 736-45, 756-61, 763-8; Id., Gob. de Méx., ii. 504; Martinez, Sinóp. Hist. Recol. Alex., i. 175-6.

    Zarco, Francisco, Historia del Congreso Estraordinario Constituyente de 1856 y 1857. Mex., 1837, 4°, 2 vol., 876 and 1031 pp., respectively. The author of this work was a deputy from the state of Durango, and took quite a prominent part in the labors of the distinguished convention that issued the İiberal reform constitution of Mexico in 1857. His work is a daily record, exact and impartial to all appearances, of the sessions. He tells us that he could not at the time take the liberty of passing judgment upon the acts of the congress, or upon the course of its most notable members, without awakening party discussions, which might easily degenerate into personal animosities. He therefore contented himself with giving the facts, and the speakers' own words, and left to the judgment of their fellow-citizens the convention's work and the action of all and each of its members. In the performance of his task he pursued a chronological order, abstaining as a rule from comments, though he did not fail to show the impression left in his mind by some of the debates. In order to make his work more complete, the author has added the text of the principal parliamentary documents of that period, and of several governmental acts that prompted debate in the chamber. He claims as an evidence of his faithfulness that none of his extracts have been found fault with by the speakers, and that the few corrections he was called on to make were upon unimportant points. At the end of the first volume Zarco promised to furnish in the next a table of contents; but he afterward changed his mind, deeming it unnecessary, the marginal notes on each page indicating the subjects that engaged congressional attention from day to day. Zarco has contributed to the press considerable other matter on the political affairs of his country. He was editor of one of the leading newspapers of Mexico, El Siglo XIX., and later a minister of state; he was a man of a high order of talent, and rendered great service to the liberal cause. At his death, congress on the 24th of Dec., 1860, decreed honors to his memory; he was declared benemérito de la patria; $30,000 were voted to his widow and children; and it was also decreed that the latter should be educated at the national institutes. Dublan and Lozano, Leg. Mex., x. 776-7.

    Gallardo, Basilio Perez. La Constitucion de 1857. Guía para consultar la Historia del Congreso Constituyente de 1856-7. Mex., 1878, 12mo, 65 pp. This work serves to fill the hiatus left by the absence of an index in Zarco's history. The compiler was a member of the constituent congress, a representative from Zacatecas. He lays before the reader the fundamental law, and the respective days on which its several articles were discussed, giving in italics the additions, amendments, and suppressions they were subjected to, and also the votes cast for and against each clause. The date set at the head of each article will suffice to enable one to find without difficulty its discussion in Zarco's work, or any other treating in detail of the labors of the aforesaid congress. later than three months after the summons, and the legislatures have the character of constituent, to form or reform their state constitutions, as well as of constitutional bodies to legislate during their session. The governors for once were authorized to employ coercive or other expedient measures to cause the citizens to exercise the right of suffrage granted them by the constitution. Zarco, Hist. Cong. Constituy., ii. 1017-31: Archivo Mex., Col. Ley., iii. 161-85; Buenrostro, Hist. Prim. Cong. Const., 1-22; Diario Debates, 9 Cong., i. 30-2; Dublan and Lozano, Leg. Mex., viii. 384-99, 409-18, 426-7, 480-1.

14. Transitory articles of the law commanded the governors of states, after consulting their councils, to issue, within fifteen days after its receipt, proclamations for the citizens to elect representatives to their respective legislatures, and also governors. The powers of the states were to meet not
15. Nineteen prominent clergymen were banished. La Cruz, ii. 621, ii. 126. The clergy of the diocese were also, by decree of August 16th, assessed one million dollars damages. Méx., Legisl. Mej., 1856, July-Dec., 81-4; Archivo Mex., Col. Ley., ii. 300-3.
16. 'Sorprendiéndose in fraganti delito y en los claustros y celdas del mismo convento, muchos conspiradores, y entre ellos varios religiosos.' Archivo Mex., Col. Ley., ii. 357-8.
17. 'Un gobierno suave y paternal.' Rivera, Hist. Jalapa, iv. 700.
18. Querétaro was retaken by Manuel Doblado, governor of Guanajuato. Mejía had left the place and gone toward the sierra on the 21st of Oct., having first levied a forced loan of $18,000, and made Colonel Cortazar commandante general. Id., 704; La Nacion, Oct. 20, 22, 24, 1856; Méx., Legisl. Mej., 1856, July-Dec., 202-4; Archivo Mex., Col. Ley., ii. 432, 437, iii. 116.
19. Remarkable for his astuteness and skill, he was the ruling mind of all reactionary work, and the most dangerous man Comonfort had to contend with. Exiled during the first days of Álvarez' government, he came back disguised early in 1856, and most of the time lived in the capital, but constantly shifting his place of residence in the city, so that the police never could find hiın. He frequently visited Puebla, Guanajuato, and San Luis Potosí, always marking his visit by some act distasteful to the government. It was through his efforts that guerrilla parties infested the rural districts, assailing defenceless towns. He afterward was a prominent factor in bringing about the imperial régime. Rivera, Hist. Jalapa, iv. 705.
20. Orihuela gave his name to this pronunciamiento; its objects were to depose the existing government, adopting the bases of 1843, and reserving the first place in the administration to be created for the commander-in-chief of the forces engaged in the support of religion and fueros. Orihuela hurled a proclamation against the heretics, issued officers' commissions, received with honor some guerrillas, chose a council of government, and ordered the arrest of some prominent citizens. Portilla, Méj. en 1856-7, 109-40; La Nacion, Oct. 21-30, Nov. 2, 5, 1856.
21. La Nacion, Nov. 3-29, Dec. 4-17, 1856; El Estandarte Nac., 1856, Nov. 16-30, Dec. 3-28; 1857, Jan. 4-26; Bandera de Ayutla, Nov. 29, Dec. 20, 29, 1856; Jan. 3, 1857; Diario de Avisos, Nov. 10-29, Dec. 3-30, 1856; Jan. 17, 1857; Zarco, Hist. Cong. Constituy., ii. 633–40; Méx., Legisl. Mej., 1856, July-Dec., 283-5; Puebla, Parte Gen., iv. 1. During the deadly strife, the bishops said nothing to the priests who were fighting in Puebla against the government. Before that they had raised their voices for the fueros and against the ley Lerdo. When their party succumbed, upon being urged by the government, they began making protestations of respect for law and order. Rivera, Gob. de Méx., ii. 509.
22. Méx., Legisl. Mej., 1856, July-Dec., 189-94. An arrangement initiated by Vidaurri was concluded November 18th, at the Cuesta de los Muertos, between him and Vicente Rosas Landa, commander of the government forces, under which Vidaurri, his troops, and the state of Nuevo Leon submitted to the federal authority, and the states on the northern frontier saw peace restored within their boundaries. Vidaurri surrendered the office of governor to the senior member of the state council. Rosas' course was approved, as appears in the correspondence between Comonfort and the minister with him. Diario de Avisos, Dec. 17, 1856; Archivo Mex., Col. Ley., iii. 117.
23. It gave force to the 3d article of the royal pragmática of April 17, 1774, which placed all subjects on an equal footing in trials for violations of the public peace; and to an old law of February 22, 1832, under which all who rebelled against the government must forfeit their honors and offices, and be held responsible, jointly and severally, with their property for all sums which, by themselves or their leaders or orders, were forcibly taken from the federal or state governments, private persons, or corporations. Archivo Mex., Col. Ley., ii. 537-57.
24. 24
25. A departmental junta was appointed, with Juan Othon as governor, and some thousands of dollars raised, some accounts having it that they were a voluntary gift, and others a forced loan. Diario de Avisos, Dec. 27, 1856; El Eco Nacional, Jan. 3, 1857; Dublan and Lozano, Leg. Mex., viii. 345-6.
26. They fell upon the haciendas San Vicente and Chiconcuac, and murdered several Spaniards. The brigands were captured, tried, and executed in 1858. Escalera y Llana, Mex. list. Descrip., 141-5; Casacola, Acusacion Fiscal, pp. i.-vi. 1-87; El Eco Nac., Aug. 25, 26, Sept. 1, 3, 6, 25, 26, 28, 1858.
27. El Estandarte Nac., Jan. 3, 1857; Eco Nac., Jan. 25, Feb. 8, 1857. Diario de Avisos, Jan. 26, Feb. 7, 1857; La Nacion, Feb. 7, 8, 1857.
28. El Estandarte Nac., Dec. 31, 1856, Jan. 2, 1857.
29. A portion of this money was subsequently recovered. Manif. del Gob., in Archivo Mex., Col. Ley., iii. 118.
30. Full official accounts in Archivo Mex., Col. Ley., ii. 636-7, iii. 190-240. The city was taken by Vidaurri and Gen. Zuazua on the 11th of February, with many prisoners, Gen. José M. Alfaro, and Gov. Othon being of the number. El Estandarte Nac., Jan. 6 to March 28, 1857; El Eco Nac., Feb. 15, 1857; Diario de Avisos, March 7, 1837; Buenrostro, Hist. Prim. Cong. Constit., 106.
31. Ezequiel Montes, minister of foreign relations; Ignacio de la Llave, of government; José M. Iglesias, of justice, ecclesiastical affairs, and public instruction; Manuel Siliceo, of fomento, colonization, industry, and trade; Juan Soto, of war and the navy; Juan Antonio de la Fuente, of the treasury and public credit. Comonfort Manif. del. Gob., 207-8.
32. Tampico, where disturbances had occurred since Oct., on the war schooner Oajaca, and on shore, submitted to Moreno on the 19th of Feb. El Grijalva, March 11, 1857.
33. La Cruz, iv. 91; Diario de Avisos, Jan. 8, 15, 18, 1857.
34. At the petition of a number of citizens, he ordered on the 19th of Feb. the criminal proceedings against the imprisoned Franciscans to be discontinued, and permitted them to reëstablish their convent in a part of their old building. Dublan and Lozano, Leg. Mex., viii. 419-20.
35. Specially in Jalisco, where the Indians plundered several haciendas in the direction of Chapala, and murdered the chief authority of Zacoalco. For this reason Parrodi had to resume command in Jalisco. Rivera, Hist. Jalapa, iv. 750.
36. Comonfort, in bidding it farewell, said that the task imposed on him, namely, 'la preparacion del campo en que la semilla constitucional ha de fructificar,' was an arduous one; but he trusted the people would aid him to prepare the field. He promised to do all in his power to maintain friendly relations with foreign nations; to enforce a proper administration of justice; to establish a good financial system; to look after the nation's security and independence; and to promote everything conducive to her prosperity. Archivo Mex., Col. Ley., iii. 67-72; La Nacion, Feb. 18, 1857.
37. Lafragua is said to have been the framer of both laws. The former required all inhabitants of the republic, except the members of foreign legations and minors, to be inscribed in the register. Without it they could perform no civil act, and infractors of the law were also subject to a fine of from one to fifteen dollars. The acts declared to be of the civil status were birth, marriage, adoption or arrogation, priesthood, and the profession of a religious vow, whether provisional or perpetual, and death. The record of every act of life, and with it legitimacy of marriage and birth and succession to property, was formerly in charge of the church; the registration of deaths and burials and the control of cemeteries, which by the old laws belonged to the church, were now placed in the hands of the civil authority in each district and town. It is thus seen that the clergy were shorn of an immense power. Archivo Mex., Col. Ley., ii. 692-739.
38. The law declared that officials refusing to subscribe to the oath would forfeit their positions under the government. Id., iii. 268-71.
39. The clergy felt that their being purposely excluded from the obligation of taking the oath had been a hard blow at their influence.
40. In some parts the clergy had solemnized the promulgation of the constitution with a te deum; in others, where they closed the churches, the people opened them, making violent demonstrations against the priests, who on their part, spoke of their consciences being oppressed, and God's temples being outraged.
41. He was received by Cardinal Antonelli, but not in his official capacity, the pope refusing him recognition till the property of the church should be restored, and the hostile laws enacted were repealed. La Cruz, v. 447-8, 671-2.
42. There was a riot in consequence, and finally the government had to protect the lives of the canons. Some of the leaders were punished. The archbishop was imprisoned in his palace for a few days, several canons were arrested in the ayuntamiento's hall; others hid themselves. A number of rioters were put in jail. It will be well to observe that in no other part of the republic was a similar insult offered the government. Archivo Mex., Col. Ley., iii. 484-95; El Estandarte Nac., Apr. 11, 13, 1857; La Cruz, iv. 58195; La Nacion, Apr. 11, 14, 1857; Diario de Avisos, Apr. 11, 13, 15, 1857; El Eco Nac., Apr. 12, 14, 15, 1857; El Progreso, May 16, 1857.
43. The federal authorities exclusively had such power of intervention as might be designated by the laws in matters of religious cult and external discipline. This had been misinterpreted as undue interference in matters of conscience; but it really signified such laws as might be enacted for the protection of the political institutions and peace of the country.
44. 'Miéntras mas apto es un hombre para los negocios públicos, mayores han sido los cambios á que ha sujetado su opinion, segun las sabias inspiraciones de la experiencia y de las circumstancias.' Quoted in Rivera, Gob. de Méx., ii. 519. In June, Lerdo and Melchor Ocampo, who had also been a presidential candidate, withdrew their names. Id., Hist. Jalapa, iv. 782.
45. Chilapa, garrisoned by about 200 men, was besieged May 4th by 3,000 Indians, under Juan Antonio and Padre Juarez. The troops, after exhausting their ammunition, attempted a sally, and were cut to pieces, more than half perishing, and only a few escaping. The inhabitants, who were hostile to the constitution, in the pursuit aided the assailants in committing many crimes. General Juan Álvarez went there to dislodge them. Rivera, Hist. Jalapa, iv. 775.
46. Twenty men accused of plotting in Mexico were, without trial, put to work in chains on the public streets by Gov. Baz. This proceeding, if not ordered, was at least tolerated by Comonfort, and brought him much animadversion. A fine was inflicted on an editor for utterances offensive to the liberal side. A heavy tax, payable only once, was also levied, by decree of May 26th. Archivo Mex., Col. Ley., iii. 624-32; Portilla, Méjico en 1856-7, 245-8.
47. The change took place June 5th, Siliceo being the only member left of Comonfort's original cabinet. Archivo Mex., Col. Ley., 660; El Eco Nac., June 6, July 7, 1857. Lerdo was a lawyer and president of a college; a new man in government affairs, though presumed to be possessed of sufficient ability for the post.
48. N. Am. Review, ciii. 108-9; Rivera, Hist. Jalapa, iv. 780-1; Id., Gob. de Méx., ii. 520.
49. He raised Tlascala and Colima to the rank of states, pursuant to the new constitution. The same law in its 47th article declared that Coahuila and Nuevo Leon should be one state; and in its 48th that the states of Guanajuato, Jalisco, Michoacan, Oajaca, San Luis Potosí, Tabasco, Vera Cruz, Yucatan, and Zacatecas should recover the extent of territory they had previous to Dec. 31, 1852; and thereby the separate territorial status of Isla del Cármen, Tehuantepec, and Sierra Gorda became suppressed. Archivo Mex., Col. Ley., iii. 632-5; Diario de Avisos, June 23, 1857; El Tiempo, Aug. 1, 1852. An unsuccessful effort was made in 1856 for the erection of a new state, to be named Iturbide, with the five districts of Tuxpam, Tampico de Vera Cruz, Tancanhuitz, Huejutla, and the south of Tamaulipas. Soto, M. F., El Nuevo Estado, 3-117; El Estandarte Nac., Dec. 29, 1856; La Nacion, Oct. 18, 1856.