Translation:Provisional Political Regulation of the Mexican Empire

Single Chapter
'''Art. 1.''' From the date on which this regulation is published, the Spanish Constitution is abolished throughout the extent of the empire.

'''Art. 2.''' However, the laws, orders, and decrees previously promulgated in the territory of the Empire until February 24, 1821, remain in force and effect, provided they do not conflict with this regulation, and with the laws, orders, and decrees issued, or to be issued as a result of our independence.

And because among the laws dictated by the Spanish parties, there are many as inadaptable as the Constitution, which would be cumbersome to express here, a commission from within and outside the Junta will be appointed to draft them, and making observations on them, they will present them to the same Junta or to the future Congress, to discard those deemed untimely.

'''Art. 3.''' The Mexican nation, and all the individuals who currently and will in the future compose it, profess the Catholic, Apostolic, Roman religion to the exclusion of all others. The government, as protector of the same religion, will uphold it against its enemies. Consequently, they recognize the authority of the Holy Church, its discipline, and conciliar provisions, without prejudice to the prerogatives of the supreme power of the State.

'''Art. 4.''' The secular and regular clergy shall be preserved in all their rights and prerogatives in accordance with article 14 of the Plan of Iguala. Therefore, so that the orders of Jesuits and Hospitallers can fulfill the important purposes of their institution, the Government will reestablish them in those places of the Empire where they were established, and in others where they are convenient, and the people do not oppose it with foundation.

'''Art. 5.''' The Mexican nation is free, independent, and sovereign: it recognizes equal rights in others who inhabit the globe; and its Government is a constitutional-monarchical, representative, and hereditary one, under the name of the Mexican Empire.

'''Art. 6.''' It is one and indivisible, because it is governed by the same laws throughout the extent of its territory, for the peace and harmony of its members who must mutually assist each other, in order to conspire for the common happiness.

'''Art. 7.''' All the inhabitants of the Empire are Mexicans, without distinction of origin, who, as a consequence of the glorious cry of Iguala, have recognized independence; and foreigners who come in the future, since they present themselves to the municipality of the town they choose for their residence with the knowledge and approval of the Government, and swear fidelity to the emperor and to the laws.

'''Art. 8.''' Foreigners who render or have rendered important services to the Empire; those who can be useful for their talents, inventions, or industry, and those who establish large enterprises or acquire territorial property for which they pay taxes to the State, may be admitted to the right to vote. The emperor grants this right, informed by the respective municipality, the minister of relations, and hearing the State Council.

'''Art. 9.''' The Mexican Government aims at the preservation, tranquility, and prosperity of the State and its individuals, guaranteeing the rights of freedom, property, security, legal equality, and demanding the fulfillment of reciprocal duties.

'''Art. 10.''' The house of every citizen is an inviolable asylum. It cannot be entered without the consent of the owner, or of the person acting as such at the time, who cannot deny public authority for the performance of its duties. This is understood in common cases; but in cases of crimes against divine and human majesty, or against guarantees, and generally in all those in which the judge, under his responsibility, deems that the slight delay required for these responses may frustrate the diligence, he shall proceed to enter in the manner he deems safest, but even in this determination he shall be subject to the same responsibility.

'''Art. 11.''' Personal freedom is equally respected. No one may be arrested or detained except in accordance with the law previously established or in cases specified in this regulation.

'''Art. 12.''' Property is inviolable, security, as a result of this and of freedom.

'''Art. 13.''' The State may demand the sacrifice of private property for a legally justified common interest, but with due compensation.

'''Art. 14.''' Public debt is guaranteed. All kinds of pledges or contracts between the Government and its creditors or interested parties are inviolable.

'''Art. 15.''' All inhabitants of the Empire must contribute according to their proportions to meet the urgencies of the State.

'''Art. 16.''' The different classes of the state are preserved with their respective distinctions, without prejudice to the public burdens common to every citizen. Virtues, services, talents, and aptitude are the only means available for public positions of any kind.

'''Art. 17.''' Nothing is more in accordance with the rights of man than freedom to think and express his ideas: therefore, just as a rational sacrifice of this faculty must be made, not directly or indirectly attacking, nor making use of the pen without prior censorship, on matters of religion and ecclesiastical discipline, moderate monarchy, the person of the emperor, independence, and unity, as fundamental principles, admitted and sworn by the entire nation since the pronouncement of the Plan of Iguala, so also in all other matters, the Government must protect and will protect without exception the freedom to think, write, and express through the press any concept or opinions, and it engages all its power and zeal to remove any impediments that may offend this right, which it considers sacred.

'''Art. 18.''' Censorship in writings dealing with religion or ecclesiastical discipline falls under the jurisdiction of the ordinary ecclesiastical judge, who must give it within twenty-four hours, if the paper does not exceed three sheets, or within six days if it does. And if any book or paper on said matters is printed without the indicated license, said ecclesiastical judge may collect it and punish the author and printer in accordance with canonical laws. In the other points of the previous article, censorship will be carried out by any judge of letters to whom the license is requested, within the same deadlines; but under his responsibility, both to the Government, if it is approving, and to the party if it is condemning.

'''Art. 19.''' Since concealing the name in a writing is already a presumption against it, and the laws have always abhorred this conduct, the obligation that all writers will have to sign their productions with the expression of the date does not oppose freedom of the press, which is also very useful to the nation, for thus they will not be given to the face of cultured nations.

'''Art. 20.''' The political force will be organized, up to the State in which the Emperor deems it appropriate for internal and external defense and security.

'''Art. 21.''' No Mexican, except the clergy, can excuse themselves from military service, whenever the homeland needs their arms for its defense and preservation; but in case of a just impediment, an equivalent must be given.

'''Art. 22.''' The public force is essentially obedient.

'''Art. 23.''' The system of the political Government of the Mexican Empire consists of the Legislative, Executive, and Judicial Powers, which are incompatible in the same person or corporation.

Single Chapter
'''Art. 24.''' Municipal elections for the year 1823 shall be conducted in accordance with the decree of the National Institutional Junta of November 13 of the past year, and these and those for deputies and others to be held in the future shall be subject to the election law being drafted by the same Junta, and the government shall circulate it in due course.

Single Chapter
'''Art. 25.''' The Legislative Power now resides in the National Institutional Junta, which shall exercise it in accordance with the regulations of November 2 of the past year, the text of which is as follows:
 * Organic Bases of the National Institutional Junta:
 * It shall have the initiative for the Constitution to be formed for the Empire; and, consequently, it shall agree on the plan or project thereof that it deems most suitable and convenient to its circumstances to consolidate the form of government proclaimed and established in accordance with the bases adopted, ratified, and sworn by the entire nation;
 * It shall accompany the Constitution Project with the corresponding organic law, which shall determine the manner in which it shall be discussed, decreed, and sanctioned, and shall satisfy the important purpose of preventing clashes and disputes between the legislative and executive powers on this point, for which it shall proceed in accordance with the latter;
 * Although the Constitution Project shall encompass everything concerning the representative system, it shall be a special objective of the Junta to formulate the convocation for the immediate national representation, prescribing rules that are most just and adaptable to the circumstances of the Empire, and to the form of its proclaimed, established, and sworn government, and for this purpose, it shall consult with the government itself, in accordance with what was similarly decided by the provisional governing Junta, in compliance with the respective articles of the Plan of Iguala and the Treaties of Córdoba: and what is ordered by this convocation shall be observed inexorably (for this time only), pending adoption or rectification in the Constitution according to the insights of experience;
 * With the greatest possible brevity, it shall proceed to organize the plan for public finance, so that there may be sufficient funds for its execution with national expenses and to cover the current significant deficit, in agreement with the Executive Power;
 * The Junta shall retain for its national representation the exercise of the Legislative Power in all cases that, in its opinion, cannot be reserved to have the emanation and consequence that must always be sought from the Constitution in all laws, as urgent measures proposed by the Executive Power;
 * For the discussion of the Constitution Project, its convocation, regulations, and other laws, speakers from the Government shall be admitted;
 * As a first step, the Junta shall draft regulations for its internal governance, providing the plan, order, and facilitation for all its operations and determining the just limits of the inviolability of deputies, strictly restricting it to what is necessary for the free exercise of their functions;
 * It shall publish a manifesto to the nation, inspiring confidence that it can offer, due to the zeal and activity in the great functions of its charge;
 * The Junta shall have a president, two vice presidents, and four secretaries;
 * For this time, and until the regulations are formed and adopted, considering the convenience of the confusion of these offices for the uniform dispatch of the objects of their respective functions, trios shall be proposed for the elections of the individuals who are to perform them;
 * The treatment of the Junta shall be impersonal, that of the president, of excellence, and that of the members, of lordship;
 * Alternates may be elected for vice presidents and secretaries;
 * If there are any records of the dissolved Congress that are not engrossed or authorized, the Junta shall rectify this defect by an agreement relating to what was resolved by the same Congress, and shall communicate its resolution to the Government for it to make the observations and replies required by the interest of the public cause;
 * If there are any matters in the secretary's office of the dissolved Congress that are unrelated to the knowledge of the Legislative Power, the Junta shall order them to be returned to the interested parties, so that they may submit them where appropriate;
 * The commissioner who has received the documents from the secretary's office of the dissolved Congress shall hand them over to the secretaries of the Junta with the indexes, and with the corresponding inventory.
 * Imperial Palace of Mexico. November 2, 1822, the second year of Independence.- Signed by the imperial rubric.- José Manuel Herrera.
 * After reading these bases, His Majesty added orally the following:
 * Alternate deputies shall attend the sessions of the Junta and take part in the discussions; but they shall not have a vote unless they occupy the place of the regular deputies.
 * Mexico, November 5, 1822.- Antonio de Mier, Deputy Secretary.

'''Art. 26.''' The future Congress shall reassume the Legislative Power in accordance with the law of its convocation and the organic law being drafted for the discussion, sanction, and promulgation of the Constitution.

'''Art. 27.''' The members of the National Institutional Junta are inviolable for the political opinions they express in the exercise of their functions, and they cannot be persecuted for them at any time or before any authority.

'''Art. 28.''' Jurisdiction over civil or criminal cases brought against the aforementioned members during their commission belongs to the Supreme Court of Justice.

First Chapter. On the Emperor
'''Art. 29.''' The Executive Power resides exclusively in the Emperor, as the Supreme Chief of the State. His person is sacred and inviolable, and only his ministers are responsible for the acts of his government, which they shall authorize necessarily and respectively for them to take effect.

'''Art. 30.''' It is the Emperor's duty to:
 * 1) Protect the Catholic, Apostolic, Roman religion, and ecclesiastical discipline, in accordance with the Plan of Iguala;
 * 2) Enforce, sanction, and promulgate the Law;
 * 3) Defend the homeland, its independence, and unity, according to the same plan;
 * 4) Maintain internal order and external security, by all means available in the circumstances of the war, previously silent, and currently overt with which we are recklessly attacked, at his discretion, and to make the enemies feel the power of the nation and the firmness with which it will uphold its proclaimed rights, its established government, and the rank to which it has risen;
 * 5) Command the forces of sea and land;
 * 6) Declare war and make treaties of peace and alliance;
 * 7) Direct diplomatic and trade relations with other nations;
 * 8) Establish, in accordance with the Law, the necessary regulations, orders, and instructions for the execution of the laws and the security of the Empire;
 * 9) Establish, according to the Law, the necessary courts and appoint judges upon the proposal of the State Council;
 * 10) Ensure that justice is promptly and fully administered;
 * 11) Exercise, if necessary and in a legal and canonical manner, the functions of patronage, due to the supreme dignity of the State;
 * 12) Grant or withhold the conciliar decrees and papal bulls containing general provisions, hearing the legislative body, or do the same, hearing the State Council when they concern particular or governmental matters; or passing them to the Supreme Court of Justice when they are contentious;
 * 13) Provide for all civil and military positions;
 * 14) Grant all kinds of honors and distinctions;
 * 15) Pardon offenders in accordance with the laws;
 * 16) Oversee the minting of currency;
 * 17) Decree the allocation of funds for each of the public branches;
 * 18) Freely appoint and dismiss ministers.

'''Art. 31.''' The Emperor cannot:
 * 1) Dissolve the national Junta before the Congress is convened, nor hinder its sessions;
 * 2) Leave the borders of the Empire without the consent of the same Junta;
 * 3) Alienate or transfer the imperial authority to another;
 * 4) Enter into offensive alliances or treaties of commerce and subsidies in favor of foreign powers without the consent of the legislative body. The effect of this article is suspended until Spain recognizes our independence;
 * 5) Cede or alienate national territory or assets;
 * 6) Grant exclusive privileges;
 * 7) Deprive anyone of their liberty, with the ministers being responsible for this provision, unless the good and security of the State require the arrest of a person, in which case the Emperor may issue orders to that effect, provided that within fifteen days at most, the person is handed over to a competent court.

In the event of internal upheavals, such as those currently emerging, the Emperor is authorized, for the good of the homeland, with all the power of the law, which shall be appended to this regulation.

Second Chapter. On the Ministers
'''Art. 32.''' There shall be four ministers in the following order:
 * 1) Minister of the Interior and Foreign Relations;
 * 2) Minister of Justice and Ecclesiastical Affairs;
 * 3) Minister of Finance;
 * 4) Minister of War and Navy.

Additionally, there shall be a Secretary of Revenue Stamps.

'''Art. 33.''' The ministers shall draft the budgets of expenses, which shall be approved by the Junta, and they shall be accountable to it for their actions.

Third Chapter. On the Regency
'''Art. 34.''' As soon as the Emperor sanctions the present regulation, he shall appoint, with the utmost secrecy, for the event of his death or of notorious physical or moral incapacity, legally justified, a regency composed of one to three individuals of his high trust, an equal number of alternates. These appointments shall be kept in an iron chest with three keys, which shall be placed inside another of the same material and with an equal number of distinct keys. This chest shall always be kept in the location designated by the Emperor, of which the key holders shall be informed: the Emperor himself shall hold one of the keys of the inner chest, the dean of the State Council shall hold another, and the President of the Supreme Court of Justice shall hold the third. Of the outer keys, one shall be held by the heir apparent, who is already over twelve years of age, and in his absence, the archbishop of this court shall hold it; another shall be held by the political leader of the same, and the third shall be held by the Emperor's confessor.

Incapacity shall be assessed by the legislative body, previously hearing a commission of nine members from within its ranks, the four secretaries of State and the two counselors following the order of seniority after the dean of the State Council. The chests shall be opened at the appropriate time in the presence of a Board chaired by the heir apparent, convened by the Ministry of Relations, and composed of a commission from the legislative body, the four secretaries of State, the two aforementioned counselors, and the respective key holders of the chests. Immediately after this act, the regency shall convene without delay at the imperial palace, and the individuals shall swear the following oath before the legislative body:
 * "I, [Names] swear by God and the Holy Gospels that we will defend and preserve the Catholic, Apostolic, Roman religion, and ecclesiastical discipline, not allowing any other in the Empire; that we will be faithful to the Emperor; that we will uphold and enforce the political regulations and laws of the Mexican monarchy, considering only its welfare and benefit in all our actions; that we will not alienate, cede, or dismember any part of the Empire; that we will never demand any amount of produce, money, or anything else except what has been decreed by the legislative body; that we will never take anyone's property; that above all, we will respect the political freedom of the nation and the personal freedom of each individual; that when the Emperor comes of age (in case of incapacity, it shall be stated 'when the Emperor's incapacity ceases'), we shall hand over the Government of the Empire to him, under the penalty, if we delay for a moment, of being considered and treated as traitors; and if we act contrary to what we have sworn or part thereof, we shall not be obeyed, rather that which we contravene shall be null and of no value. So help us God and be our defense; if not, may He demand it from us."

'''Art. 35.''' The regency shall necessarily be chaired by the heir apparent, although without a vote until the age of eighteen, when he begins to reign; but once installed, he shall exercise the functions of the Executive Power, to the extent not restricted by the laws, and shall lead its provisions under the name of Emperor.

'''Art. 36.''' The guardian of the underage Emperor shall be the person appointed in his deceased father's will. If no one has been appointed, the regency shall appoint him. And in the absence of both, the national Junta or legislative body shall appoint him.

'''Art. 37.''' No foreigner may be the guardian of the underage Emperor, even if granted naturalization.

Fourth Chapter. On the Underage Emperor and the Imperial Family
'''Art. 38.''' The underage Emperor may not marry or leave the Empire without the consent of the legislative body, under the condition of being excluded from the succession to the Crown.

'''Art. 39.''' Authentic copies of the baptism, marriage, and death records of members of the imperial family shall be sent to the national Junta.

'''Art. 40.''' The national Junta for the year 1823, and the forthcoming Congress for the future, shall determine the endowment for the household and individuals of the imperial family.

Fifth Chapter. On the Council of State
'''Art. 41.''' The current Council of State shall remain in the same form, with the same number of members established by the Congress, to provide advice to the Emperor when requested, propose candidates for judicial positions, and consult on the presentation of ecclesiastical benefices and bishoprics, if necessary.

'''Art. 42.''' In the event of vacancies among the current counselors and the need for their replacement, the government will submit a list of eligible candidates from across the Empire to the legislative body. The legislative body will form and submit the respective lists to the government, and the Emperor will appoint one of the three proposed candidates.

'''Art. 43.''' All archbishops and bishops of the Empire are honorary members of the state council.

Sixth Chapter. On the Supreme Government in Relation to the Provinces and Towns of the Empire
'''Art. 44.''' In each provincial capital, there shall be a superior political chief appointed by the Emperor.

'''Art. 45.''' The authority of the province resides in the political chief, who shall exercise it in accordance with the existing laws, instructions, and regulations.

'''Art. 46.''' For now, and as long as the national independence is threatened by external enemies, the political and military commands of the provinces shall be unified under one person.

'''Art. 47.''' The Superior Political Chief shall directly and immediately communicate with the Minister of the Interior regarding the political government of the province under his command.

'''Art. 48.''' Committing what the laws prohibit, or not doing what they order, is a crime. The political chief, whose main objective is to maintain social order and public tranquility, shall use all his faculties to prevent crime and uphold freedom, property, and individual security.

'''Art. 49.''' To such an important end, he may impose corrective penalties for all offenses that do not carry infamous or corporal afflictive penalties, in which case he shall deliver the accused to the court designated by law.

'''Art. 50.''' The corrective penalties shall be limited to fines, arrests, and confiscation of property in contravention of the law. Fines shall not exceed one hundred pesos, nor shall arrests exceed one month.

'''Art. 51.''' If the political chief becomes aware of any conspiracy against the State, he shall proceed to arrest the suspects, and based on the merit of the summary investigation, conducted with the intervention of legal counsel, he shall release them or place them at the disposal of the competent court within ten days at the most.

'''Art. 52.''' In seaports that are not provincial capitals, or in the main towns of very extensive or populous districts, there may be a subordinate political chief to that of the province. In other subordinate towns or villages, the first appointed mayor shall be the political chief; but in the case mentioned in the preceding article, the first mayors of subordinate towns shall report to the political chief of their district the causes or reasons that led to the arrest.

'''Art. 53.''' In all cases where the use of public force is necessary for the exercise of political authority, military commanders shall immediately provide it under the responsibility of the authority requesting it.

'''Art. 54.''' Political chiefs shall require municipalities to fulfill their obligations detailed in the instruction of June 23, 1813, for the economic-political government of the provinces, and shall especially oversee the policing of the press and correctional facilities; the dedication of all individuals to some occupation or industry, eradicating idleness, vagrancy, mendicancy, and prohibited games; they shall supervise the entry of suspicious and unfamiliar persons, respect for worship and good manners; the security of roads and commerce, the carrying of prohibited weapons, drunkenness, fights, infringements, and riots; the sanitation of populations, their cleanliness and lighting; the proper management of charitable and educational institutions; the orderly conduct of markets, the legitimacy of currency, weights, measures, and the quality of provisions, and generally everything that contributes to the development, comfort, and splendor of the towns.

First Chapter. On the Courts of First and Second Instance
'''Art. 55.''' The authority to apply laws to particular cases disputed in court belongs exclusively to the tribunals established by law.

'''Art. 56.''' No Mexican may be judged in any case by any commission other than the corresponding tribunal designated by previous laws.

'''Art. 57.''' Military and ecclesiastical courts, as well as those specialized in mining and public finance matters, shall continue to exist for their respective purposes, operating as they have until now, according to the respective ordinances and laws.

'''Art. 58.''' Consulates, as long as they exist, shall only act as conciliatory judges in commercial matters, and they may also act as arbitrators by agreement of the parties.

'''Art. 59.''' In private civil lawsuits and in criminal cases for common crimes, military and ecclesiastical individuals shall be judged by their respective judges.

'''Art. 60.''' In cases of high treason, conspiracy against the nation, or established form of government, no one enjoys privileged jurisdiction. Military personnel are stripped of their immunity by the very act, and ecclesiastics shall be judged by both secular and ecclesiastical jurisdictions combined, with all judges striving to expedite the trial without omitting due process.

'''Art. 61.''' To become a judge or magistrate henceforth, one must be a citizen of the Empire, 30 years of age or older, married or widowed, not convicted of any crime, and possess a good reputation, intelligence, and integrity to administer justice.

'''Art. 62.''' Any Mexican may accuse judges and magistrates of bribery, corruption, and misconduct.

'''Art. 63.''' Judges or magistrates may only be suspended from their positions, whether temporary or permanent, by legitimately proven accusation, and may only be removed from office by a final judgment.

'''Art. 64.''' If a complaint is lodged against a magistrate to the Emperor, an informative proceeding may be initiated, and if found justified, the magistrate may be suspended with the opinion of the Council of State, immediately sending the case to the Court of Justice to be judged according to the law.

'''Art. 65.''' Justice shall be administered in the name of the Emperor, and all rulings and provisions of the higher courts shall be headed by his name.

'''Art. 66.''' For the prompt and efficient administration of justice in all its branches, mayors, judges of lesser courts who can be comfortably compensated, and the territorial courts already established shall continue; in addition, the government may appoint other judges of lesser courts and establish two or three new territorial courts in those places where, at the discretion of the government, they are deemed necessary to prevent the disadvantages currently experienced by parties due to the vast distances to the existing territorial courts.

'''Art. 67.''' These new courts shall be composed of a competent number of judges, shall have the same powers as the current ones, and shall exercise them throughout the territory designated by the government.

'''Art. 68.''' In every lawsuit, regardless of its importance, there shall be no more than three instances and three final judgments. Two consistent judgments shall become final. When the second judgment overturns or alters the first, a petition for review shall be lodged with the same court; and if there are no other judges available to handle the case in the third instance, different ones from those who decided the second instance, this instance shall be conducted before the same judges, and once ready for judgment, the case files shall be sent to the nearest court (parties being summoned and at the expense of the petitioner) for it to issue a judgment based solely on the case files, without further procedure, against which there shall be no further recourse except for a motion for nullity before the Supreme Court of Justice.

'''Art. 69.''' As new courts are established, ongoing civil and criminal cases pending before existing territorial courts shall be transferred to them if they concern the territory demarcated by the Government.

'''Art. 70.''' All judges and magistrates, whether regular or alternate, shall swear allegiance to the Emperor upon assuming their positions, pledge to observe the laws, and administer justice promptly and fairly.

'''Art. 71.''' Before any civil or criminal complaint, a conciliation meeting must take place under the terms previously practiced. To enhance the effectiveness of this important institution, it is provided that the lay assessors presented by the parties, whether they are not lawyers or if they are, shall not be subsequently admitted to the court to represent the same parties in the event of litigation arising from the conciliation.

'''Art. 72.''' No Mexican may be arrested based solely on another's complaint unless the crime warrants corporal punishment and is evident at the moment, or the complainant undertakes to prove it within six days, and failing that, to compensate the arrested party for any losses and damages resulting from such provision.

'''Art. 73.''' In cases of a report where the accuser does not offer to prove the accusation, the judge, weighing carefully the circumstances of both the accuser and the accused, the gravity and significance of the crime, and the basis of the report, shall initiate an investigative process. If this process yields semi-full proof or strong suspicion, the judge shall proceed to arrest; likewise, if acting on his own initiative, he reasonably fears that the alleged offender may escape before the facts are ascertained. Any person caught in the act of committing a crime must be arrested, and anyone may arrest them and bring them before a judge.

'''Art. 74.''' No one shall be arrested if they provide bail in cases where the law does not prohibit granting bail, and this recourse shall be available at any stage of the process where it is evident that corporal punishment is not warranted.

'''Art. 75.''' Property shall not be seized unless the crime involves pecuniary liability, and only in proportion to the amount to be extended.

'''Art. 76.''' The use of torture shall be prohibited in all cases, as well as imposing the penalty of absolute confiscation of property or a disgrace affecting the future or family of the offender.

'''Art. 77.''' Regarding the order, procedure, and formalities of the trial (from the conciliation onwards), mayors, judges of lesser courts, and second instance courts shall adhere to the law of October 9, 1812, except for the publication required by Article 16, Chapter 2, concerning witness examination, which shall be conducted as customary before said law and without providing testimonies to anyone who is not a legitimate party or has no interest in the cases, as specified in Article 23 of the same Chapter 2; likewise, the courts shall not handle the nullities referred to in Article 48 and following of Chapter 1, nor shall they undertake any action, even in accordance with said Law, that is contrary to the system of independence, established government, and laws sanctioned by it.

Second Chapter. On the Supreme Court of Justice
'''Art. 78.''' The Supreme Court of Justice shall be located in the capital of the Empire and shall consist, for now, of nine ministers, each with an annual salary of six thousand pesos. The Court shall be addressed impersonally, and its ministers shall be addressed as "Your Excellency."

'''Art. 79.''' This Court shall also observe the aforementioned law of October 9 and additionally:
 * 1) It shall settle all disputes of competence among the territorial courts;
 * 2) It shall judge Secretaries of State and the Executive Office when, upon complaint by a party, it is declared that there are grounds to demand accountability, as will be explained later;
 * 3) It shall handle all cases of suspension and removal of State Councillors and territorial court judges;
 * 4) It shall try the criminal cases of Secretaries of State and the Executive Office, State Councillors, and territorial court judges, whose cases shall be prepared by the nearest political chief and sent to this Court;
 * 5) It shall also hear all criminal and civil cases involving members of the legislative body in accordance with Article 2 of this regulation, with an appeal to the same Court;
 * 6) It shall handle the residency cases of all political officials subject to it by law, all contentious matters regarding imperial patronage, and all appeals from the higher ecclesiastical courts in the capital;
 * 7) It shall handle appeals for nullity filed against judgments rendered in final instance, for the specific purpose of remanding the case and holding the magistrates who rendered the judgment accountable;
 * 8) It shall address doubts from other courts about the genuine interpretation of any law, consulting the Emperor with the reasons for such doubts, so that he may prompt the appropriate declaration from the Legislative Power;
 * 9) It shall examine the lists that territorial courts must send it to expedite the administration of justice, providing copies to the government with any necessary observations and ordering their publication by the press;
 * 10) When, by order of the Emperor, someone is arrested in the case described in Article 31 of this regulation and is not released or delivered to the competent court within the specified fifteen days, the arrested party may appeal to this Court. If the Court deems such arrest just and in the interest of the state, it shall issue the following decree: "The second recourse is reserved to this party within the legal term, and the arrested party may avail themselves of it before the same court if, after fifteen days, the required consignment to their respective judge has not been made";
 * 11) In this case, or when, in response to the initial appeal, the Court believes that public health does not require imprisonment, it shall notify the minister who communicated the arrest order to release or consign the arrested party. If the minister fails to do either within fifteen days or does not provide justifiable reasons for the delay, the Court shall issue a second decree as follows: "There is a vehement presumption of arbitrary detention against Minister N. Due to the arrest of N., from this moment, the Court shall proceed to hear the case of accountability following the procedures established by law, hearing from the minister, the party, and the prosecutor, and determining what is most just."

'''Art. 80.''' In the event of a criminal accusation or complaint against members of this Court, the matter shall be referred to the Emperor, who shall order the immediate convening of another tribunal composed of the oldest lawyer in the legislative body, the oldest State Councillor who is also a lawyer, the regent or dean of the territorial court in the capital, the dean of the bar association, and the oldest lawyer in the provincial council. If none are available, the retired professor or the most senior law professor from the university in the capital who is not a clergyman shall be included.

Single Chapter
'''Art. 81.''' The intendants in the provinces are exclusively the chiefs of the public treasury, who will manage it in accordance with the ordinances and regulations in force, and they will communicate directly and indirectly with the Minister of Finance.

'''Art. 82.''' With regard to cash, maritime and inland customs, postal services, lotteries, consulates, and other offices where public treasury funds are received or managed, the intendants are the exclusive chiefs in their province.

'''Art. 83.''' They will also ensure that the factors, administrators, and other employees in charge of the tobacco revenue fulfill their respective duties; and they will monitor to prevent the diversion of funds they manage to other purposes than those of their institution, attending at the beginning of the month to the cash count and inventory of those offices; however, they will only have knowledge of the economic and managerial aspects when the main chiefs of the revenue require their authority.

'''Art. 84.''' The intendants will assume the superior political command of the provinces in the absence of the military political chief. They will also preside over the provincial councils in the absence of the political chief.

'''Art. 85.''' The intendants will receive a fixed salary and a determined amount for their secretarial expenses.

'''Art. 86.''' The intendants will send to the Supreme Government at the beginning of each month a general statement of the income and expenditure of the treasuries of their province, to be published in the Government Gazette.

Single Chapter. On the Provincial Deputies, Municipal Councils, and Mayors
'''Art. 87.''' The provincial councils will remain with the attributions they currently have, which they will continue to carry out in accordance with the instructions of June 23, 1813.

'''Art. 88.''' They will communicate with the municipal councils and towns in their jurisdiction and with the Supreme Government necessarily through their respective political chiefs, except in cases where they need to lodge a justified complaint against them.

'''Art. 89.''' They will assist the political chiefs as effectively as possible in fulfilling the obligations imposed on them in Articles 45 to 54, as well as the intendants in their respective areas of support.

'''Art. 90.''' They will not neglect:
 * 1) To promptly compile and send to the Supreme Government the census and statistics of their district;
 * 2) To eradicate idleness and promote education, occupation, and public morals;
 * To, in agreement with the political chief, develop and submit to the Supreme Government for approval judicious plans, according to which the distribution of common or royal lands among indigenous citizens and industrious beneficiaries can be effectively carried out, except for the necessary common lands for each population.

'''Art. 91.''' Municipal councils of provincial capitals, heads of districts, and those significant populations where, in the opinion of the provincial councils and superior political chiefs, there is a competent number of suitable individuals, will also continue with their current attributions and will be elected as stated in Article 24, to alternate in municipal offices and properly fulfill the objectives of their institution.

'''Art. 92.''' In populations lacking the required suitability, the provincial councils and political chiefs will have discretion to appoint one or two mayors, one or two councilors, and one syndic, elected by plurality of their neighbors.

'''Art. 93.''' The political chiefs and provincial councils, upon receiving this regulation, will assess and determine the populations where the preceding two articles will be applied. The political chiefs will issue orders to their subordinates as mentioned in Article 52.

'''Art. 94.''' Elections in towns with two mayors, two councilors, and one syndic will be conducted with the assistance of the parish priest or his vicar, presided over by the immediate subordinate political chief or the councilor of the nearest municipality in place of said chief. In towns where there is only one mayor, one councilor, and one syndic, elections will be conducted in the same manner, with the assistance of the parish priest or his vicar, who will certify the morality and aptitude of those who can be elected.

'''Art. 95.''' The mayors, councilors, and syndics mentioned in the preceding articles will be subject to the inspection of the immediate subordinate political chief of their respective districts and to a provisional regulation provided by the superior political chiefs, subject to consultation by the provincial councils, without prejudice to submitting it to the Supreme Government for approval.

'''Art. 96.''' This regulation will be adapted to the situation and circumstances of each town to maintain public order and promote welfare. It will authorize mayors to reconcile disputes, handle minor lawsuits, prevent disorders of all kinds, impose light arrests and corrections, and obligate them to apprehend criminals and hand them over to the political chief of their district or to the nearest court that has jurisdiction over such cases, as well as the civil cases of greater importance that the indicated mayors have not resolved themselves or settled through conciliation.

'''Art. 97.''' The provincial councils and political chiefs will also agree on a similar regulation for ensuring governance in rural settlements and haciendas.

'''Art. 98.''' The superior political chiefs, in consultation with the provincial councils, will demarcate the boundaries and territories of the jurisdiction of the municipal councils of provincial and district capitals, significant populations where such councils continue to have all their attributions, subordinate political chiefs, and the mayors mentioned in Article 92.

Single Chapter
'''Art. 99.''' The Government, with the zeal demanded by the nation's foremost interests and the energy befitting its high faculties, will issue timely regulations and orders in accordance with the laws to promote and ensure that the existing institutions of education and public morality fulfill their objectives properly and beneficially, in line with the current political system.

'''Art. 100.''' This regulation will be submitted to the Emperor for sanction and promulgation.


 * Mexico, December 18, 1822.
 * Toribio González.
 * Antonio J. Valdés.
 * Ramón Martínez de los Ríos.