The New York herald., 1878-01-14
What He Says About Mr.. Evarts'
Policy Toward Mexico.
HIS REASONS FOR OvERTHROwIyG LERDO,
x Defence Of His Govern
ment and His Friends.
cORTINA BEHIND THE PRISON BARS

President Hayes Message ana especially that part o
It which related to Mexican anaits This report has
beon translated aud published IN the newspapers here
causing much comment among members OF the Daz
government and outside politicians. The impression
prevails now that the American Congress- with the
exception OF the Texas delegation, is iavorabiy
disposed toward this government than the American
State Department, and that ultimately the latter
would be influenced into more conclliatory attitude
as regards the terms OF recognition. Such tho
opinion expressed to me by Mr. Vaarta, the Mexican
Minister OF Foreign Relations, who said that he
had heard the United States government had
Withdrawn modified the recent order TO
General ord regards the invasion Of Mex-
can territory In pursuit OF maraudcrs This
repor II true Mr. vallarta considered as step tow
ard moro amicable relations, although he character
lscd still absurd OF the demands OF tho
American State Department as pHt forward by Minis
Ter Foslo suoh tor instance the exemption asked
ior American citizens from forced loans (contritu
Clones Mr. vallarla calls them) and the return Of
the property already taken from the shape OF
forced loans. To my remark that the United States
government based It's demand upon decision Of the
Mexican Supreme Court declaring illegal all taxes
levied by legislative authority Mr.. valarta said:
..Oh, that is the argument Mr.. Foster is always
throwing at our heads"
DECISION OF THE MEXICAN SUPREME COURT.
b As l understand, the decision in question and the
argument OF the American government founded
thereon is as lolows:-.
Tho Supreme Court of Justice in ts decision OF the
case OF Faustno Goribar, rendered July 6, 1871,
granted the complainant ampdro and protection
sgains the law or decree o! The 10th OF July, 1876
because said law was In violation Of the edcral con-
The law OF July 10, 1876, decreed by President
Lerdo by virtue OF the ''extraordinary faculties"
conferred upon tho Executive by Congress,
iGetf tim M rflnl0
Of the federal constitution. said law decreed
Or levied tax OF one per cent upon all capitals In all
me States and territories throughout the whole Re-
public. The law was decrced:-
Fust-By virtue OF powers voted by Congress.
Seco"d-Was UNIFORM and general tax levied &C.
sordng TO all the usual forms OF tho tax assessments
Wird-was stated 10 be to meet The deficiency in
The general revenue and not special contribution.
F0uTth-Was levied upon all the inhabitants o the
whole Republic.
Fifh-Was decreed at the time OF a widespread rev.
sution which threatening TO, and did eventually,
overthrow the icgitimately established government.
In rendering Its decision the Supreme Court took
The position that the Constituent Congress which
framed federal constitution declined confer upon
:he executive legislative power whcn It adopted tro
vwcnty.nuth lfscic 9th constitution sec cvnsdera
thrd and that In confirmation OF, this intention
and the rst constitutional Congress refused
sonccde the President the deegation OF legislative
faculties finance. Inc Court iurthcr laid down the
principle that the legislative power only levy tho
taxes; that alone decree the laws, tnat IL
aelcgate these faculties TO any Other body
authority.
II tho tax levied by President Lcrdo July TO- 1876,
under The hvo circumstances Doticed above was un-
iiutona could be legally collected what
possible condition OF AFFAIRS could authorize the Ex
tcnve TO levy taxes decree forced loans by virtue
Of The twenty-niuth article OF tae constitution in
view OF the principles laid down by the Supreme
Court OF Justice OF the Union, tue highest tribunal
and authority TO cxpound the fundamental ooaes
FORCED LOANS
Tho question forced loans is really the great bone
s contention between the United States and present
Mexican government, the other matters In contro.
vcrsy could be solved moro easily. Another STUN.
bling block IN tho way Of speedy SO ttlement is tho
fact that Mr.. Vaartu, who IL a very ambitious man.
has the Presidency the brain and is disposed to
make capital out Of his unyieldng attitude toward
the United States. thus pandering to the popular
prejudice against the "Gringos" and giving an exag.
gcratcd importance to the ''national dignity.a Hc
pnd Mr.. Romero, the Minister of Finance, arc the
principal. candidates for General Dazs succession.
and this fvalry leads to much silent warfare between
tho Two Ministers. Mr.. Romero, though perhaps
less astute than his colleague above mentioned has
moro genuine ability, and is supported by the
best elements OF Mexican society He is considered
as the best hnancer this country ever had and as
the main pillar OF the Diaz government. II is
generally admitted that the treasury under him is
more honestly administered than 1t has been JoI
these many years. Having lived Tor several years in
the United States he understands American affairs
thoroughly. He is very friendly toward the United
States; his enemies say too friendly There is no
doubt he is in favor Of speedy settlement OF all oi.
cuIties with the American government as they prob
ably viii be settled in the future President D,az
himself appearing disposed justce for since his
advent 10 power no forced loans nor any other vex
ations have been imposed upon foreigners in Mexico
INTERVIEW WITH PRESIDENT DIAz.
But, cutting short these comments, shall let the
President OF the Mexican Republic speak through the
columns Of the HERALD regarding tho merits OF his
government and his troubles with the State Depart
ment IN Washington. Calling upon him at his pri-
vato residence found him worry accessible and willing
TO say what no thought on those subjects General
Doz lives unostsntatiousy in neat house adjoining
the Palace tho building containing the different
departments OF the government Is hero designated
He lives like man OF moderate means, and such hs
really is Tho REPUBLICAN simplicity" OF tho White
House Is regal spcndor compared with his resi-
dence and It's surroundings. 1t has, like oil Mexican
houses, a largo court yard and is two stories
high, with broad porch surrounding tho
upper story. There soldiers or hanKes to bar
the way, and u simple announcement by a servant
brought the HERALD man into the presence OF the
Chief Magistrate OF Mexico General Diaz is a man Of
hne presence every inch a soldier tall and straight
rather spare than corpuent He wears his thick dark
shadowing a clean shaven chin. He is man of about
forty years oil age. His manner is cordial BEARS
ike his face, the impress Of boldness and fraukness
In fact, there Is magnetism about the man, which,
perhaps moro than anything else, has raised him to
his present eminencc and Is the cause OF his great
popularity.
The writer opened the conversation by inquriug
whether the President had read the latest from
tho United States, and especially the short debate In
tho Senate regarding tho recognition OF tho present
government Of Mexico.
General Disz replied :-"Yes, have read 1t with
great deal OF interest. and pleased to that tho
leading members Of the American Congress are in
Iavor OF the recognition OF this government and
Father impatient that It has been delayed so long
rhe members from Texas only bear us ll-will but
tont suppose that the border people IN Texas will be
lbe to dictate to tho United states government as
what its course shall bo toward Mexico; at least