Page:Vol 6 History of Mexico by H H Bancroft.djvu/225

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ORTEGA AND JUAREZ.
205

of securing what Ortega had missed, but of retaining the leading position on the bench. Thoroughly disappointed, and with waning faith in the republic, he availed himself of the imperial decree to retire into private life at Mexico.[1]

Sophistry is plentifully used in the arguments of all the candidates; and the Juarists undoubtedly stretched the interpretation of the article bearing on the case, for personal as well as national reasons. Ortega had certainly lost prestige, and was no longer a favorite, either with the people or their leaders. Actual generals, governors, and other officials owed their position mainly to Juarez, and in sustaining him they sustained themselves. The essential point, however, although probably secondary with many of them, was the superior fitness of Juarez for his position as compared with Ortega, or perhaps any candidate then available. Moreover, it would have been impolitic to increase existing complications by removing the head which had so well maintained the government and kept the party united for the one great object. A change was apt to cause dissolution. Juarez' success in asserting himself at this critical period attests both his influence and ability.[2]

It was fortunate that such was the disposition of Juarez that he did not find it necessary for armies or escorts to guard himself. It was a remarkable repetition of the old-time story of the European hunting

  1. Letters of submission, etc., in Méx., Col. Leyes, 1863-7, ii. 302-6. This unpatriotic act relieved the government from replying to his protest, yet it was pointed out that both constitution and congressional decision opposed the claim of any accidental occupant of the chief justiceship to succeed as president. Argument, in Id., 306–10.
  2. Minister Iglesias, who later as chief justice claimed the presidency, argues warmly for his chief, and gives a list to show the immense preponderance of leading men supporting him, while a scanty few upheld Ortega, including generals Patoni and Huerta, and Guillermo Prieto. Revistas, iii. 650–3; also Quesada and Negrete. Vega, Ausiliares, MS.; Marquez de Leon, Fé Perdida, MS., 54-5. The latter wrote sharply to Juarez. Mem. Post, MS., 246. They were termed Orteguistas, the others calling themselves legalidad. The feeling in the U. S. favored Juarez. Legac. Mex., Circ., ii. 91-175, passim; Mex. Affairs, ii. 5, 63, 39th Cong. 1st Sess. Maximilian himself pays at this time tribute to the zeal and intelligence of his opponent in a letter to Baron de Pont. Arrangoiz, Méj., iv. 53-6.