Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1867-08-22

SONcItlSU htau VI u po'eiu w J'S'Ni
cannot be tried or punished for making
or issniDg any decree or law, and while
within his own government Ia not
amenabe to the municipal laws OF
another government or party. There.
fore, Msximilisn, upon legal principles,
cannot be tried or condemned for issuing
the decree known as the decree OF
October 3d." whatever may be the
character OF said decree. Every State
has certain absolute sovereign rights; one
OF the most important is, the right of
self fpreservation. This right necessarily
involves all other incidental rights,
which are essential as means TO give
effect to the principal end. (see Wheaton
on the law of nations, part I'd, chapter
lst, section ,2.3.
Eighth. The law OF President Jusrez, OF
1862, January 25th, is unconstitutional.
lst, because 1t was made by the Presi-
dent alone who has no authority to
legislste. (See Mexican Constitution,
title 8, article 80, under the Division
OF Powers" which says that the supreme
power Of the federation is divided into
legislative, executive and judicial
powers that none OF said powers can
ever be united in one person; and legis-
lative power should never be deposited in
one indipidHal. Therefore any law not
made by the legislative power is uncon-
stitutional.) ID, said law is unconsti-
tutional because it Furnishes a man with
death for political crimes, contrary TO
act %, title lst, section lst.
Ninth. The powers given to the Presi.
dent, in Act. 90, title 1st, sec. 1st of the
Mexican Constitution, to suspend, certain
guarantees mentioned in said Constitution,
do not extend to those guarantees that
secure the life OF man.
Tenth. The word " guarantees" in the
Constitution means individual guaran-
ties or rights and the power to suspend
them does not give the po,0er to the Presi-
dent to maSs lars. II the President can
make laws, he can destroy the form OF
government, and it would become mon-
archial rather than constitutional. II
the President can exercise legislative
power, he can likewise exercise Judicial
power, and he would then become an
! autOcrat,
Elepentb. That the Congress OF Mexico
has no power to declare that the Presi-
dent can make laws. Congress cannot
delegate its powers TO any one II it
can delegate It's powers to the President,
then it can do 40 to any other individual.
Neither Congress nor the President can
destroy the form of government, by giving
each other part Of their respective con.
! stitutional powers. All the powers OF
Congress are mentioned in title Sd, sec.
1st, paragraph Sd, act u; and there is
no authority given to delegate the powers
! of Congress to the President Accord
ing to title 9th, act III, the powers
which are not expressly conceded in the
| Constitution to the federal functionaries
are understood to be reserved to the
States. Act l26th, title 9th, says that
This Constitution, the laws Of the Con-
qress of the Union which emanate from it,
and all treaties made, or which may be
made by the President of the Republic,
with the appreciation OF Congress-, shall
be the Supreme lac OF the Union" 1t
does not say that the lams of the President
shall be the Supreme law of the land
but on the contrary none but the la,Os of
the Congress of the Union. And further
under the,head "Of the Inviolabality of
the Constitution" title 9Th, act l28th, it
SAYS, "This Constitution shall not lose
its force and vigor, sven IN time qf rsbeI-
Ion.
T,0eltth. The late or present war being
eivH War, the punishment OF death can
not be awarded for political crimes, &C
cording to the said Art 23d.
Thirteenth. That there is distinction
between executive regulation and iQaO,
the executive can only provide for the
erecstion Of the law, consequently regu-
lation or a decree of the President con-
fiicting with an existing las or the Con-
stitution is void. Lares in the Derecho
administrative, page 10Th, says neither
the judicial or administrative tribunals
are under any obligation to obey illegal
regulations. Such is the opinion of the
writers on the Civil Law, which is in
force in Mexico.
Fourteenth. That if the said war is a
foreign one, then Maximilian is not guilty
of treason, as he is an Austrian.
Fifteenth. That whilst civil war in
volving the contest for the government
continues, other States may remain in
different spectators Of the controversy,
or may espouse the cause Of either. The
positive law of nations makes no distinc-
ton between s just and unjust war, in
this respect, and the intervening State