The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-08-04


dcus, that representations sospecious and unsound
can have been made. In the paragraphs quoted,
the whole question of original title 10 disposed Of
Let its affirmation be separated and discussed In
detail:
l.. "The privilege to open tho way of communica-
ton granted to Garay by General Santa Anna the
time Of his temporary administration, was itself SUBJ
ject to be submitted the revision Of the Legislative
body according to the express article of the plan
Of Tacubaya, adopted by the nation O law, and
which was the code and the only rule prescribed to
him for the exercise of the supreme power"
Veridicus hero trenches upon the prescriptive
privilege Of the pact, who 10 alone permitted to dis
| regard the lapse Of time, and the historical Sc
quence OF events
In the brief space of the paragraphs quoted is
| condensed the events OF FIVE years, and of three
distinct forms of government The blood, usurpa-
ton, and fraud, by which that space stained,
would furnish matter of moral meditation, and Of
philosophical inquiry, for volume
Let Us note calmly the memorable events which
interviewed within the period treated by Veridicus
| as stable and continuous government.
In the year lS4l, {" civil war" broke out in
Mexico. Generals Valencia, Bassadre, Minon
Paredcs, and Lombardini, headed the revolution
airy party. General Valencia occupied the Castle
OF Mexico with 200 men and nearly all the heavy
artillery, bonnie, and munitions of war. Paroles
| was his march from Guadalaxara to Mexico
Bustamente defended the Palace with body OF
| troops; whilst General Arista and other partisans
sustained the cause of the government in the pro
vinccs General Santa Anna marched from Pcrotc
| in the characterof mediator.
These dictionaries fought in the streets of the
metropolis until the destruction of life and proper
ty compelled the citizens to nterpose for purposes
Of reconoiiiation.* This occasoned the convention
| of Estanzuela, which resulted in the adoption Of
the plan known as the "Bases of Tacubaya." This
instrument was signed by the officers and adopted
BY the belgerents on the 18th September, lS4l. II
was q truce terminated by treaty. II had no one
element Of q republican constitution On the 7th
October, lS4l. General Santa Anna entered the
capital. He appointed two representatives from
| each department. This council met on the 9Th
| October, and appointed Santa Anna Provisional
President. On the 10th October. ls4l. be took the
| oath of Office under the bases of Tacubaya.t
! On the lst Of March, 1872, Santa Anna granted
citizens now claim. The Constituent Congress,
provided for BY the basis Of Tacubaya, Assem-.
bled in June, 1912.
"ln December of the same year." (S42,) says
| the historian, "after the Assembly had made two
efforts to form constitution suitable to the
try and the Cabinet, President Santa Anna, in spite
Of his professed submission to the national will,
| expressed through their representatives., suddenly
| and unauthorizedly dissolved Congress"
Here, then, according to all rules of constitu.
| tional reasoning, the government terminated. 1t
was dead us the plan of Iguala, or the constitution
| Of 1924. .-s7.
| "Nothing then remained pursurs the historian,
"save to allow the dictator himself to frame the
organic laws, and for this purpose he appointed a
Junta If Notabes. who proclaimed on the 18th
| June, 1S43, an instrument which never took the
OF Bases Of political organization 1.-THE Mexican
| republic"
| Yet, within the brief period OF which Veridicus
treats, another form of government, like the vision
airy monarchs of the drama, passed over the stage.
cat the close of the year 1874" says the Mexican
| history,t "a new revolution overturned the gov
eminent of General Santa Anna" The "Bases
Organicas, with all its powers and responsibilities,
was swept away, to rest with the debris of broken
| constitutions which form the history of this vol
| canie republic.
|
publican constitution can originate except in the
| formal act and acknowledgment of the people, If
this was not revolution by which the ''basis OF
Tacubaya," adopted by insurgent generals, was
Santa Anna and the organic bases ordained by a
| junta Of bis appointment Where then was the
authority of the basis of Tacubaya? 1t had never
| existed. The Congress convened to confirm it by
| become subject of historical comparison with
| other dead forms Of administration. ,.... f.
The sixth article of that bases of Tacubaya was
| as follows: ','
1 "The Provisional President [santa ANIMAL shall
answer for his acts before the first Constitutional
| CongresB."l
II any obligation therefore rested upon the Pro-
ysionai President to have reported his acts to the
Constitutional Congress for its approval, that obi
| CATION passed away with the form of government
| which imposed it; for that obligation could not
have survived without carrying with it the whole
| instrument This is not pretended, since the re-
port was never made, or was indeed possible. under
| the bases of Tacubaya. The decree in favor of
Garay is valid with the other acts of the govern
mcnt, nor can it be subjected to a separate and
| subsequent annulment, since the Constituent Con
gress. to which Veridicus contends it should have
| been reported, can never again be convened.
This revolutionary interlude terminated with q
civil war between the dictator and the Congress-
| which continued until the 9TH of January, lS45
"when Santa Anna formally felix's ......
Here was new form of government succeed
ing to the dictatorship OF Santa Anna.
Yet il is contended that the Congress of 1916,
sembled under the '.organic basis" ofsanta Anna.
derived its powers from the 'Bass OF Tacubaya,"
which he bad disregarded and repealed. 1t il plain
that there wns relation whatsoever between
them. sa.... I'D. s= E-.fra~ 49,.
But if the decree granted to Garay was subject
to revision by the Congress of lS45, it was never
repealed, and 10 therefore irrepeaable.
On the 30th of December, ls45. president Her
rera, who anxiously desired to avoid bloodshed,
resigned the executive chair to Paredes. Paroles
overthrow the government, and acquired supreme
poverty. .s. 'sI .. .. h.
Under this government the Chamber of Depu-
ties passed a bill extending the grant of Garay.
1t was pending in the Senate when the govern
nent Of Paroles was overthrown; and Salas per-
fected the extension by decreeing, ueybatim atqne
teratim, ne very Dill that the Chamber Of Deputies
had passed.
This proves that the grant to Garay not
then 80 obnoxious as it has subsequently become.
We have shown that the Congress extraordinary
Tor convention) was dispersed by Santa Anna in
December, 1912. 1t had reported no constitution.
The dictator proclaimed the organic basis in June,
l643. Tho decree made in favor of Garay was not
reported to the Constituent Congress, and with the
dissolution of that Congress terminated the alleged
obligation Of Santa Anna to submit it. Thencefor-
ward there was new government and new basis Of
administration. Indeed, according to the terms of
the basis Of Tacubaya Constituent Congress had
" no power to occupy itself with any other subject
than the formation OF the constitution, for which il
had been convened. "**
Since tho Congress of lS45 did not repeal it,, and
subsequently one branch of the Legislature enact
ed the terms Of the very grant now in question,
may infer that il met the approval Of Congress,
and was approved of, with the mass of other lava
which it might. according to the right claimed,
have repealed, but did not repeal Yet Verdcus
has taken the liberty to represent that the grant
to Garay in effect makes its validity depend upon
the confirmation of Congress. Reason and history
both dsprove it. Moreover, the Legislative revi.
sion" referred to was, according to the irrefraga-
bic pamphlet, decree of Congress asked for by
Garay in extension of his privilege. 1t did not
originate in the voluntary action Of Congress.
Indeed, the power of +" revision and correspond.
ent action" claimed for Congress ia far from i'm.
plying right Of repeal. The legislative import
Of revision is the act of simplifying, condensing,
and explaining; it does not import the power Of
total repeal. az Corr respondent action" must Of