The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-09-18
The Spanish FLAG In Mexico.

The Spanish Flas In Mexico.
The Spanish Minister to Mexico had published previous
10 bis Departure notice TO ali Spanish residents TO the
effect that his government wishes 80 avoid all
Of conflict with the nations OF America no spanish resi-
dent should hereafter hoist the Spanish flag on his resi-
previous permission TO do from the legal representa-
tive Of the Spanish government-not in honor Of
Spanish festivals or holidays"
The Case or General j. Gonzales Ortesa.
The following communication has been addressed TO
the Military Governor Of Nusvo Leon by tho Mexican
Minister OF War, with reference to General OrteRas
csse:-
MExco August II. 1857.
To the Military Commandant OF the State OF Nuevs
Leon, Monterey
In the decree Of November g. 1885, on the following sub
was responsible for remaining voluntarily abroad during
the war without the permission comm ssiou OF tho
T, the S 81 this rens
the discharge OF his duty President OF the Supreme
Court OF Justice and by reason Of his voluntary aoan-
stances attending the Second, by reason OF the
crime Of having abandoned voluntarily during the said
dard Of its army while holding the rank OF general
According to article los OF the federal constitution the
President Of the court 10 responsible during his term OF
office, not only for his official crimes faults omis.
sons but also for all misdemeanora With regard TO his
official transgresons the rule established by article los
accused il guilty; and II found guilty the su
preme Court Of Justice shall proceed to sentence the
accused.
As TO common misdemeanors article I04 LAYS down that
Congress shall act as grand jury to find whether the
accused 10 indctaole or not and, Il they find afrma.
lively then the accused shah be made amenAble 10 the
ordinary proper tribunals.
The nctoriesy Of senior 0rtegss absence was amply
sufficient to ground that ao, ths 70
regular to await until he would present
able to hear what he had to alege In his defence.
For this reason and In accordance with the consttu
tonal provisions mentioned above, Congress- in the
exercise OF its ample powers the subject declared
that there was reason to prosecute said j. Gonzales
Orega for common msdemeanor. and that as regarded
to try him when he would present himself within
the republic. In January Of this year he
the disposal of the government which might at that
time since have handed him to competent tri
bunals for his msdemeanor and have decided on the
matter OF his ocal offence. Nevertheless the govern
ment deemed that il might suspend its action 1t
important to attend to the warlike situation then
and not discord among those who sustained the
nation and withdraw attention TO matter Of minor
sderaon Although circumstances have since changed,
1t seems preferable still to adjourn the case for some
time.
As the elections soon to take place, the govern
prefers for Congress TO take cognzance
n the responsibility for official offence. And as to the
misdemeanor the declaration has already been made
that there grounds for prosecution, 1t merely re-
for the " the Se
tme III order that the designation OF such judge may
be made BY whomsoever the confidence and the votes
Of the people shall select Chief Magistrate VI the
public.
When the government postponed the case in January
OF this year. account OF the II deemed that cir
cumstance Of the moro important than all others
than the wish OF Senior Ortega but own, although
preferrng to still adjourn the for the reasons just
stated, 10 anxious to avoid for complaint
the part Of said Oega should he desire TO be tried
at once Hence the Citizen President postpooes the
until Congress after the elections and the
President OF the republic be inauguraed unless
Senior Ortesa desire to be tried immediately.
The Citizen President orders that you make known
this resolution TO said Orsga and that you acquant the
government Of his reply
Independence and liberty. MEJIA.