presidency by the chief justice was intended, according to Juarist interpretation, to be only temporary, till a speedy election could install the one chosen by the people. In view of the war, the tenure promised to become anything but brief, and this appearing contrary to the constitution, it was deemed a better procedure to prorogue the power of the actual president and his substitute, thus preserving the government from the danger attending a doubtful change. The president had for that matter been elected to govern, while the president of the supreme court had been elected for the administration of justice; and the people's choice having been repeatedly confirmed by congress, together with the bestowal of dictatorial power, Juarez did declare the functions of himself and his substitute prorogued till they could be surrendered to a new officer, duly elected.[1]
Ortega had hastened to the Texan frontier as the critical time approached, and learning of the measures taken against him, he thence launched his protests; but finding the people too occupied with the war, and himself in little favor, he returned northward to plot against his rival.[2] A somewhat similar course was adopted by Manuel Ruiz, the substitute chief justice, who saw fading, not only the hope faintly entertained
- ↑ Text of decree, followed by ministerial circular, arguing the case and giving instances. Id., 718-19, 721-6; Méx., Col. Leyes, 1863-67; ii. 276-9, 283-94.
- ↑ Although announcing in an official letter of Feb. 3, 1866, to Gov. Vega of Sinaloa that he would retain only the title of president of the supreme court, for he considered it improper to create discord under the present circumstances; "still, the country was not bound to recognize the acts of Juarez.' Vega, Doc., iii. 212-15.
points at 35–90, and in Ortega, Protesta, 1-25. The suit against Ortega was by Col Allen, for $7,000. There is no doubt that the executive officers intrigued to invalidate his claims; but warned by the spirit manifested against him in 1864, he should not have afforded them the stronger grounds now raised by going away. He lived in reduced circumstances in the U. S., according to Cuevas, Vega, Ausiliares, MS., and he sought both funds and free travelling pass through the Mexican legation. Legac. Mex., Circ., 20-5. His protest was written in Texas. It was claimed by the Juarists that Ortega's letter concerning his movements was not official, and therefore not recognized. By his prolonged absence as chicf justice and general, in foreign parts, he had committed a grave fault, and by decree of Nov. 8, 1965, he was declared amenable for abandonment of his post, the government appointing another chief justice. Dublan and Lozano, Leg. Mex., ix. 719-21.
