The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-08-06

Ortega side OF the StOry-frOtoae oil y. W.
Palncios First Deputy 90 the National Con-
grc.s), nv the state of ChihunhuR, Against
the DEGREES issued by Juarcz Of November
s, 1865.
DxpurY TO rux NATIONAL CONGRESS- THE STATE or
CmHUAHuA:-
The two decross which the supreme government pro-
mugaed at Paso del Norte through the Minister OF Re
iaons on the 9Th Of last November have given rise
very grave question: to which no Mexican DO indf
ferent and less any OF who hold the position
representatives Of the people, and guardians of their
rights AtM
While the state Of renders most dilnca any pub
Ito manifestation through the want OF proper organa
aud Of liberty Of action the greater becomes the oblga
ton imposed upon the very few Of who form por
ton OF the sovereign Congress- the special custodian Of
the constitution and social guarantees, remain
silent whenever in our judgment either the one the
other violated by the person charged with tho desti
mics OF the nation. And the DEGREES already men,
toned strike the most violent blow our fundamental
charter; the continuance In the Presidency OF
tho republic by Don Benito Juarsz and the man.
ner In which Il has been effected, constitute
innovation very foreign 70 the law 10 which
should all DO subject; NV position as Deputy
compels protest the Of the State of which
I am representative against such usurpation Of
power committed 70 the injury Of the honor Of Mexico
and imminent danger OF independently already
much imperlled under the present circumstances
Notwithstanding the multitude Of arguments which
the Minister in the ingenious circular which accom-
pauies the decree the letter Of the constitution Is 80 do
Unite tina. there for any doubt, except such
az ynay be raised by ambition or patty spirit
Legitimacy Of public GRITTY in every constitutional
must Dc based aud In fact is based upon
the strict interpretation Of the wo DIS Of the law; but
among latitude Of construction has always furnish ID
the sole title to usurpers and been the source Of all
As REGARDS the Of the DEGREES relative to the
Juarez we will fnd that the constitutional provisions
connotb, more clear precise than they are
.hn ,Se President ei Ct shall remain Ia olica
Article seycnty-nin provides for vacancy, no
natter how 1t may occur and orders ina 70 that case
the President Of the Supreme Court OF Justice shalt
enter upon the exercise or the duties OF the ONCE Of
In article eighty the manner OF holding new election
is provided for in the ase Of vacany; but in the
meantime tho President OF the supreme Court must still
continue in The exercise OF power
And lastly, art Gle eighty two, which confirms the
dispositions contained In the three abovement oned pro-
dos positively Tor the discontinuance from office
the last Incumbent matter what may be the reason
winch may have prevented u new election.
In all Of these articles Il may plainly be seen that the
leading idea Of the legislator which y thrice repeated
expiring Of the Presidency shall cease his functions
end OF the four years for which he was elected
mo matter wh may happen in order TO deprive him
OF any pretext for continuing In power and the same
IDEA is expressed the acts Of the Congress at that
time because at the formation or the constitution the
iuien,oa was to eradicate this old evil OF despotism
which defends its origin By Interpretation OF the funda
mental laws, or with prctences OF providing Tor the
public good.
The words eli By any reason " used in article eghty
two general and absolute in their meaning, covering
all pc sbe cases. and their meaning still further OK
r,sined by the use OF tho word Notwithstanding used
ia the article where IL provides that the President
81 tho Supreme Court shall enter into oce on the ex
piraon OF the term OF the incumbent to the Presidency
OF She republic II Is absurd 70 suppose that the exist
ms Of war is not intend d 70 be comprised in the
univ sa meaning OF tho words, f by any reason for
tha xonld be that he legislator forcseeng this
case unwilling either 10 comprise or expressly 70
s-cep it, And III did not f0rcsee there Is NO doubt
,a he wished to establish rule without any pon
applicable 10 all csses which he Judged possible
Consequently know ing acertanty that the intention
OF the articles cited is 10 prevent from any cause the
President from continuing In Office when once the period
OF year, shall have elapsed posb " Of any event
been complied with, " no reason for the President
who ceased TO be legitimstoy in Office on the
FOR longer time than that which is aIed
by the supreme law. II is not for public officer,
Of The lie al term Tor which he was elected, TO inquire
what may happen la consequences Of his retiring
rom Office, because either tho law has seen the danger
or not the people the only sovereign competent 70
decide this matter, will make known its will by the
It's power but in NO case can Il be allowed 70
any fanconay matter how elevated his position, 70
assume 10 himself faculties which have heen
grated hun and which clearly at variance with
which the minister found. his circular ali thu fears
pressed the Of absolute vacancy all the evils
which he says are avoided BY not obeyng the law and
Beai,o Juarez with reference To tho confidence with
which people and Congress will have con1ded IN him, are
articles mentioned which three occasions order the
ci,iyen President his functions the LIST Of
December Notwithstanding that for any reason the new
election should no, have been held up 70 that date
To adult thai moaning so clear and precise allows OF
the forced construction which the ministry would give
is veutnrng too Ear into the rcgious OF superstition,
and contrary nj the time 10 tho general opinion OF
al those whose only rule OF conduct respect for law
whatever be tho raws deficiencies 81 consti
,uiion still II IL the only regulator OF present syr-
TEN Of government, and II by oocying and complying
our Independence and autonomy, by making the OBJ.
ec, Of interpretations and disputes We gain no, hing
mere Than anarchy, the contempt and rdicule Of the
whole world before which wish 10 appear As civil
ized nation
The second decree relative the appointment Of the
Presid ne . necessary consequence Of the FIRST aud
attack the constitution and social guarantees
General Jesus Gonzales orega ceased u be con-
oos can he supposed which he incurred
ny his residence In foreign country be SUFFICIENT TO
make good the title of citizen Jnarcz whose legitimacy
ended The very day that concluded The -four years FOR
uhich lie elected The cllpsbtv which tho one may
have incurred, does not remove the lesay or the post
ton the other and IN thai the most that could
bs inferred from tho deductions contained in the circular
or the ministry would BE- that at present there exists
ne'6cr President VI the republic nor Of the supreme
CoGrr OF Justice.
What ought to he done in this state n anarchy
citizen Jusrcz believe, himself called to remedy by his
continuance in once the evils that might come upon the
nation but with equal II better reason many others
might think themselves authorized IN tho same manner
Aud to saving Independence, neither titles nor
Offices are needed by patriotism if the nation wishes TO
itself could do 20 without she necessity OF sub
ung the bastard authority which Is nov proposed
20 be exercised H. without any other advantage than
thai Vt adding scandal less 10 the long list OF those
which Mexico deplores owing 10 the little respect for
law that has prevailed among
Hut repent that citisen General Jesus Gonzales
Oosx has ceased be the constitutional President
of the Supreme Court because he has not infrnged on
article No ms Of tle federal constitution notvttsnd
Ing thai ministry attempt 10 apriy IA general way,
In Eases 10 which not applicable the special rule laid
down by said article for certain deter inmate cases
Neither the constitution nor any Law Trimmed under 70
prohibited General Orcga fun holding % the same time
federal and State ofce The incompability de Ja 10
which existed bcween the Two Offices has nothing " do
with the legal incompatiby ol article lis, and there
fore the citizen General orteys b. the TACT OF having
left san us take charge ~ the government OF lacAe
may have Al the most committed fault but
character aud prcrocaiives Of the President
90 the Court OF Justice, a. tho Minister OF Relations
,siny preteuds AND even the supposition that he
did commit the fault attributed % hum, II was not the
President who should have yscatsd his ONCE, who was