Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1866-01-17

There is some curiosity 90 know 10
whom, a. President of the Republic OF
Mexico, so-called,0 the newly ap-
pointed Minister, Lewis ID. Campbell is
tu be accredited. A titular President
there viii be of course. Mexico never
lacks them. She has had, on an average,
nearly two a year since her political ex-
isteuce commenced. Sometimes there
has been two or three at once with equal
share Of title. There are two claimants
uow-JuareZ, whose constitutional term
Of service has expired, and who has by
decree reappointed himself and Gen
Ortega, who claims the possession by
virtue Of his nominal position as Chief
Justice of the Supreme Court.
The act by which Juarez prOlOngs his
power, Is in direct violation Of the Con-
Stituti0n under which Le assumes TO act.
His term Of service expired on the last
day of November, and no successor has
been elected. The provision Of the Con-
-titutiOn says:
" IF, from whateverreason, the election
Of President shall not have been made
and published, by the first or December,
upOn which the change l. To take place,
or if the newly elected is not able TO en-
ter promptly on the discharge Of his
functions, the term ofthe preceding Pres
idsHt shall nevertheless cease, and the
Supreme Executive power shall be de-
posted al interim in the President Of
the Supreme Court Of Justice"
This is fatal TO the title Of Juarez to be
a Constitutional President. If President
aJ ali, he is President dc TUctO in spite Of
the Constitution therefore a usTper.
If recognized a. such, it viii be an appii-
cation Of the argument dg fIctO, which
OF the State Department on that much
provoked topic. We leave out the in
guiry about the existence Of a Govern
ment in fact at all. The Republic is SO
unsubstantial, that it is hardly worth
while hunting up place Of jurisdiction
for "A phantom President. In law, if
there be law, the title of Ortega would
seem to be perfect, If he be the President
Of the Supreme Court Of Justice, as he
appears to be. But there is a fatal flaw
ia his title, as we gather from no less an
authority than that of Mr.. COrwin, who
was American Minister in Mexico at the
time when Ortega was made Chief JUS
tice, and who described the transaction
in an official dispatch addressed TO Sec
retsry Seward, dated January twenty
ninth, eighteen hundred and sixty-One:
Gen. Ortega commands the Liberal
forces here in the city. Two days ago
the Congress now in session elected him
Chief Judge of the Supreme Court. This
was merely a revolutionary movement /
as the Constitution gives no authority of
the kind TO that body, but expressly
provides that the judges OF that court
shall be elected by the people. This act
was done, however, 10 pave the way TO
make Ortrga President, as it was sup
posed Juarez cogId be persuaded to re-
sign, and in that event the newly elected
Judge would, by the Constitution, take
his place.
Mr.. Seward was thus advised 10y Mr. |
DoTwin four years ago, that Ortega's
election as Chief Justice was a usurpatiOn
ly Congress, in violation Of the COustitu-
ton, and was part of plan 10 get rid OF
Iuarez, the newly elected.
Ju8rez could not be persuaded % resign
then 10 enable DrteUa 10 come in, and /
seems TO Je equally inJragtabie now. Il /
does not however, appear that his title !
J1 hold on Is any weaker than that OF
Jrtega 30 come In.
To which Of them, il 10 either, viii the
new Minister be accredited To Juarez, I
whose term of office has expired, and /
who reappOinted himself in direct con- |
tradictiOn of the Constitution Of Mexico, l
Or Gen. Ortega, who has a title to sue |
Iession by virtue Of "A similar violation Of /
another equally positive clause of the /
same Constitution
1t is very muddled affair. We pre- [
dict that the end Of it win be that both |
viii, before long, be quietly put aside by /
the Stale Department, and the dg Jdct0 |
plea, conceded to another Government |