Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1866-11-29
VI RITLAND HERALD.
MONDAY, NOVEMBER %, 1866.
The Presidency of Mexico.

The recent arrest of Gen. Ortega, in
,,mDliance with orders from Washing
ION. As he was on the point of entering
-b. Mexican territory for the purpose of
asserting his claims TO the Presidency
,t the Mexican Republic, has excited
sone interest in regard to the basis OF
those claims. \ recent article in the
New York Tribune discusses this ques-
,on somewhat in detail, to which we
are indebted, in part, for the following
acts.
Gen. OrJcga lays claim to the Mexican
Presidency by virtue of the following
article of the Mexican Constitution:
ART. s.. IT, from any cause whateo-
avp~ the election for President 10 not
held and published by the lst day of
december by which time the vacancy
should have been filled, or that the can
d.date elect shall fail 10 enter upon the
,f-sormance of his duties, the term OF
the previous President, nevertheless,
ceases. and the Supreme Executive
mower, during the interim, will vest in
the President Of the Supreme Court OF
Justice"
Benito Juarez, the present acting
President OF Mexico, first succeeded to
that Office under this provision, being
President OF the Supreme Court when
vacancy occurred. He was afterward
elected for a full term of four years,
which expired November 30. 1864. At
Juarezs accession to the Presidency,
Ortega, who had just been elected Gov
ernor of Zacatetas succeeded him as
President of the Supreme Court
At the expiration of Juarez's constitu-
,ional term on the 30th Of November,
1854, Ortega addressed to hima commu-
ncation, through his Minister demand
;Dg to know when he would surrender
the office in accordance with the provi-
sion quoted. Juarez replied that he did
not consider that his term would expire
until the 80th of November following
1859. This construction of the Con-
stitution by the acting President. ex-
ending his term OF office one year, was
gased upon the following article
ART. so If the absence of the Pres
jdent be absolute, a new election Will be
held in accordance with the provisions
9sArt. rs. and the President in this
wise elected, will perform his functions
until the last day of November OF the
rourth wear from the time Of his cleo
ton"
In accordance with this article, Juarez
claimed the right to retain the office for
one wear longer, while Ortega, having
been chosen Chief Justice in 1862 for d
full term Of four years, consequently re-
malned in position to become his con-
stitutional successor. In November, 1865,
however, Juarez issued q decree, which
extended his term Of office indefinitely,
on the ground that it had been impos-
sible for an election to be held on &C
count OF the war. At the same time he
declared the functions Of the President
G! the Supreme Court o. Justice exten-
ded in the same manner, in order that
should vacancy occur in the Pres,
idency Of the Republic, he may be en-
abled to FIJI it as substitute"
Another decree Of the same date de
posed Ortega from the Presidency OF th'
Supreme Court, and declared that
"A judicial inquisition will be hac
against him for crime against goo(
order for that, while holding the ,po
sition of General in the army, he ha(
resided permanently and voluntarily II
foreign land during the oontinuanc
of hostilities, without license from IN
Government, thereby abandoning In
army, its standards, and the cause OF tn
Republic"
It is evident from the above that, s
far as the letter of the Mexican Const
tuition is concerned, Ortega, became law
ful President in November, 1865, ou
whether the arbitrary measures by Whlc
he has been prevented from assumln
the duties of the Office, as well as tn
apparant bad faith OF Juarez in failln
to surrender the office in November, 1866
were justified by the circumstances, is
matter for the courts and people Of Me:
leo to decide.