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Rh state of Mexico, the fourth from Puebla, and the fifth from Michoacan, provided these states gave their assent within three months to the detachment of territory proposed. Owing to the obstacles in the way, some delay occurred in carrying out the law, but the state was finally constituted in 1849.

In order to provide against the possibility of his being killed or captured by the enemy, Santa Anna issued a decree September 7, 1847, appointing his substitutes, which he sent to Manuel de la Peña y Peña, president of the supreme court, to be held in reserve; and in accordance with a congressional act decreed that the supreme government might reside in any part of the republic, should the requirements of the existing war demand a change of location. On the 16th of September he held a council of war at Guadalupe and resigned the presidency ad interim, and claiming powers under the 97th article of the constitution, declared that thenceforth the supreme executive authority should be vested in the president of the supreme court, with generals Herrera and Alcorta as his associates, the latter taking the place of Bravo, who was now a prisoner in the enemy's hands. But this provision was rejected as unconstitutional by the president of the supreme court, Manuel de la Peña y Peña, who forthwith repaired to Toluca, and next to Querétaro, where he assumed the office of provisional president of the republic on the 26th of September, with Luis de la Rosa as his sole minister.