Page:Vol 5 History of Mexico by H H Bancroft.djvu/716

696 Mexican republic which the congress has issued on this day."Among those who took part in the solemn act was the patriarch of reform in Mexico, the aged Valentin Gomez Farías, deputy for Jalisco, and president of the congress. As for Comonfort, did he intend to faithfully carry out his pledge, so solemnly given? or was it an act of weakness on his part to promise what his conscience disapproved? Events soon proved that he was insincere, or weak on that occasion. The new code was drawn up in the name of God and under the authority of the Mexican people, 'sobre la indestructible base de su legítima independencia proclamada el 16 de Setiembre de 1810, y consumada el 27 de Setiembre de 1821.' The following is a synopsis of this famous instrument, which strikes at the roots of the evils that had been so fatal to Mexico's peace and advancement. First and all along are recognized freedom and the rights of man. Slaves entering Mexico become ipso facto frce; teaching is made free; no law is to recognize any contract involving the loss or irrevocable sacrifice of man's freedom, whether by reason of labor, education, or religious vow, nor authorize agreements by which he may bind himself to proscription or exile; freedom of speech, of the press, and of petition in writing peaceably and respectfully; the freedom of the press to have no other limit than respect to private life, morality, and the public peace; the right of assembling without arms to discuss private or public affairs of a licit nature is not to be curtailed; the exercise of the privilege for public affairs belongs only to Mexican citizens; travelling and change of domicile without passports is secured; titles of nobility, and hereditary prerogatives and honors, are not recognized. Further, it is prescribed that no one shall be tried by special or retroacting laws, or special courts; that no person or corporation shall enjoy either privileges or emoluments, unless they are in compensation of a public service and fixed by law; family and domicile are made inviolable, unless to make arrest under a warrant from a proper court expressive of the charge; imprisonment for debt is forbidden, judicial costs are abolished, the administration of justice is made free; private property cannot in time of peace be taken without the owner's consent, unless it be for an object of public utility by paying for it, nor in time of war without making good its value. No corporation, civil or ecclesiastical, is allowed to acquire real estate, except the buildings used. Monopolies are abolished, save the coining of money, the postal service, and temporary patent rights. The duties of Mexicans and foreigners are defined. The second title is in two sections. The first prescribes the representative, democratic, and republican as the form of government; the nation being composed of free and sovereign states for their internal affairs, but whose special constitutions must conform with the principles of the nation's fundamental law; the second section names the states and territories, setting forth their boundaries, etc. The third title treats of the national powers, which are divided into legislative, executive, and judicial, prescribing the prerogatives and duties of each. Title 4 prescribes the responsibility of public functionaries, and how it is to be made effective. Title 5 sets forth the obligations of the states, and what they are prohibited to do. Title G says that what is not expressly granted to federal functionaries is understood to be reserved to the states; and prescribes the general obligations of federal officials, mode of disposing of the public treasury, etc. Title 7 permits the constitution to be amended or added to by two thirds of the members present, and the subsequent sanction of a majority of state legislatures. Title 8 declares the inviolability of the constitution. A transitory article ordered that the code should be published, and its support solemnly sworn to throughout the republic, and that it should go into operation from and after the 16th of September, 1857. It was signed by 95 deputies, and it will be noticed that no state religion is established, and that in fact the question of religion is ignored. ''Zarco, Cong. Constituy''., ii. 993-1016; ''Méx., Cód. Reforma, 62-9; Méx., Col. Ley. Fund''., 353-79; Méx., Col. Leyes, After this, both congress and the president