Page:Mexico, Aztec, Spanish and Republican, Vol 1.djvu/345

Rh the constitutional compact by taking actual command of the army whilst he was president, without the previous assent of congress, he became amenable to law for this violation of his oath. He was soon at enmity with the rebels and with the constitutional congress, and thus a three fold contest was carried on, chiefly through correspondence, until the 4th of January, 1845, when Santa Anna finally fell. He fled from the insurgents and constitutional authorities towards the eastern coast, but being captured at the village of Jico, was conducted to Perote, where he remained imprisoned under a charge and examination for treason, until an amnesty for the late political factionists permitted, him to depart on the 29th of May, 1845, with his family, for Havana.

Upon Santa Anna's ejection from the executive chair, the president of the council of government, became under the laws of the country, provisional president of the republic. This person was General José Joaquim de Herrera, during whose administration the controversies rose which resulted in the war between Mexico and the United States.

The thread of policy and action in both countries is so closely interwoven during this pernicious contest, that the history of the war becomes, in reality, the history of Mexico for the epoch. We are therefore compelled to narrate, succinctly, the circumstances that led to that lamentable issue.

The first empresario, or contractor, for the colonization of Texas, was Moses Austin, a native citizen of the United States, who, as soon as the treaty of limits between Spain and our country was concluded in 1819, conceived the project of establishing a settlement in that region. Accordingly, in 1821 he obtained from the Commandant General of the Provincias Internas, permission to introduce three hundred foreign families. In 1823, a national colonization law was approved by the Mexican Emperor Iturbide during his brief reign, and on the 18th of February, Stephen F. Austin, who had succeeded his father, after his death, in carrying out the project, was authorized to proceed with the founding of the colony. After the emperor's fall, this decree was confirmed by the first executive council in conformity to the express will of congress.

In 1824 the federal constitution of Mexico was, as we have narrated, adopted, by the republican representatives, upon principles analogous to those of the constitution of the United States; and by a decree of the 7th of May, Texas and Coahuila were united in a state. In this year another general colonization law was enacted