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180 Anna resigned, explaining that it was advisable to preserve the chief magistracy from the hazards of war, and fix it near the centre of wealth and population, whereas he proposed to continue the hostilities wherever that should be possible. 'The same proclamation or decree assigned the executive power to a triumvirate: the president of the supreme court, General Herrera and General Alcorta, and Santa Anna then ceased actually to exercise any civil authority.

But as Congress was not in session to accept his resignation, some doubted whether it became effective; the presidency of the supreme court was vacant on account of the incumbent's death; the appointment of Herrera and Alcorta needed to be made, or at least confirmed, by the council of government, a body no longer acting; and it was denied broadly that Santa Anna had the power to issue such a decree. Peña y Peña, to be sure, was regarded as a member of the court, and, if he was, he could claim by right of seniority to act as the chief justice; but the legality of his membership was questioned, and the presidency of that body was really an elective office. Peña was old, feeble and even timid; his ill-success as Herrera's minister of relations doubtless weighed heavily upon him; and he was now living, almost as a recluse, in the country. Indeed there was really no organic law even, for the amended constitution of 1824, though formally adopted, had not come into effect. In short, chaos reigned, and the states were officially "resuming"' their individual sovereignty.

But a number of good and able men, particularly Cuevas and Couto, determined to ward off ruin, and awakened others. Peña, drawn from his retirement, consented for patriotic reasons to override all the technical difficulties; and on September 22 he announced formally that, in order to give the nation a head, he would act as the Executive until an interim President could somehow be chosen. At the small city of Toluca, capital of the state of México, just outside the Valley, this fiction of a government pitched its tent; and perhaps it gained some feeling of security from the vast bastioned, battlemented ridge between it and the Americans, from snowy Mt. Miguel towering above the city, and from the peacefully shining lagoons of the intervening meadows. What was more important, Herrera, Olaguíbel and many others of the best men rallied to the