Stephen F. Austin to Unknown, 03-29-1823
Summary: Project of a constitution for the Republic of Mexico.
City of Mexico
We, the People of the Mexican Nation, having assumed those natural and imprescriptable rights which appertain to us as members of the great human family, an[d] in virtue thereof declared ourselves an independent nation, free from the dominion of old Spain and all other powers whatever; and being desirous of establishing and consolidating a system of Government founded on the solid basis of Natural justice, equal rights, and common good, in order to insure union, strength, safety, harmony, equity, and the blessings of liberty to ourselves and posterity; do ordain, decree, and establish, this Constitution, for the Government of the Mexican Nation—
CONSTITUTIONAL AND FUNDAMENTAL MAXIMS
Article 1. The People of the Mexican Nation are independent of Spain and all other powers whatever, and have the sole, absolute, and exclusive right of governing themselves as a free, Sovereign, and independent Nation.
Article 2. All men as individuals, have certain natural, essential and inherent rights; among which are the enjoying and defending life and liberty, acquiring possessing and protecting property, and in a word of seeking and obtaining happiness.
Art. 3. When men enter into a State of Society they surrender
up some of their natural rights to that Society, in order to insure the
protection of others; and without such an equivalent the surrender
Art. 4. The surrender of these rights must also be free, voluntary, and without coertion, or it is void.
Art. 5 The rights thus surrendered are deposited in the hands of the agents of the People, to be exercised for the common good, common security, and General happiness of all.
Art. 6 These agents constitute, and administer the national Government.
Art. 7 The sovereignty resides essentially and originally in the People, and from its nature is unalienable, imprescriptable, and indivisible ; the national agents are therefore at all times accountable to the People.
Art. 8 Government being instituted for the common benefit, protection and happiness of the whole community, and not for the private interest, or agrandisement of any one man, family or class of men; therefore whenever its objects are perverted, or public liberty manifestly endangered and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new Government. The doctrine of non-resistance to arbitrary power is absurd, degrading, and distructive of the happiness of mankind.
Art. 9 The people have a right to assemble in an orderly and peacible manner, to consult upon the public weal, give instructions to their deputies and petition Congress for redress of grievances.
Art. 10 A well regulated national Militia is the proper, and natural defence of a Nation, and no citizen shall be deprived of the right of keeping and carrying arms; except in such cases, to be specially provided for by law, in which the public tranquility may render it necessary.
Art. 11 All elections ought to be free, and every inhabitant of the nation, having the qualifications required by law, has an equal right to elect and be elected into office.
Art. 12 Every citizen is entitled to a certain remidy, by having recourse to the laws for all injuries he may receive in his person, property or character; to obtain right and justice freely, without being obliged to purchase it, and promptly according to the laws.
Art. 13 Every person hath a right to be secure from unreasonable searches, and seizures of his person, his houses, his papers, and possessions, none of which shall be molested except in the cases and with the formalities prescribed by law.
Art. 14 No part of a mans property shall be taken and applied
to public use except by his own consent, or by virtue of a law
regularly enacted by Congress, and no duty, or contribution of any
description shall be levied or collected without due authority by law
Art. 15 The liberty of the Press and of Speech is so essential to the freedom and improvement of the nation, that it shall be inviolably preserved, and can only be restricted by Congress so as to prevent scandalous attacks on private character.
Ex post facto, or retrospective laws are oppressive and
unjust, and no such law shall be passed
Art. 17 In all cases and at all times the Military ought and shall be under strict subordination to the civil power, except in the cases to be provided for by law in time of war, or invasion
Art. 18 No soldier in time of peace shall be quartered in any house or hacienda without the consent of the owner, and in time of war such quarters ought to be made in the manner to be prescribed by law.
Art. 20 The basis of the national representation is the population including all native free born citizens of whatever descent, wheither American, European or african, and foreigners who are considered as Citizens.
Art. 21 Monopolies, and exclusive and special previliges, wheither in favour of an individual, or an association, of eclesiastics or laymen, are prejudicial to the true interests of the nation contrary to natural justice, and are absolutely prohibited; except when granted according to the formalities of the law, for a limited period, as a compensation for new inventions and improvements in the arts or sciences.
Art. 22 No hereditary office, honors, titles of nobility, or any other titles except those of office shall be granted.
Art. 23 No public money shall be drawn from the treasury or in any manner appropriated except by virtue of a law of Congress; and the President of Mexico, Minister or any other person who violates this article shall be guilty of a high crime and punished according to law.
Art. 24 The power of suspending the laws or the execution of them shall alone be exercised by Congress—
Art. 25 The entail of estates by primogeniture to the exclusion of
younger children (Mayorasgos) is calculated, arbitrarily to prevent
the distribution of property, thereby, in violation of justice
enriching the few, and empoverishing the many, to create and
perpetuate aristocracy, and to engender indolence, arrogance, vice, and
corruption, and is therefore distructive of individual happiness,
subversive of national prosperity, at variance with the principles of a
free Government, and dangerous to the liberties of the people; all
such entails shall therefore be distroyed, and an equitable system of
Art. 26 Despotic Governments have endeavored to keep the minds of the people in darkness by prohibiting the introduction of books proscribed for their liberal principles. Free Governments on the contrary have thrown open the door for the admission of all without exception, and experience has fully proved the beneficial effects of this liberal policy in enlightening the people, who, very soon discriminate between any evil, irreligious, or immoral doctrines which such books may contain, and the pure and virtuous ones; rejecting the former, and profiting by the latter. All restrictions or prohibitions therefore on the introduction, sale or reading of books, are calculated to prevent the diffusion of intellectual light, and knowledge; to retard the improvement of the Nation, by perpetuating ignorance, superstition and servile principles, and are at variance with the genius of free institutions, and shall never be imposed under any pretext whatever.
Art. 27 A nation can only be free, happy and great in proportion to the virtue and intelligence of the people; the dessimination of usefull knowledge and of the arts and sciences is therefore of primary importance to national liberty and prosperity, and to effect this great object, it shall be the duty of Congress to provide by every means in their power for the speedy establishment of schools, academies and colleges throughout the whole nation for the instruction of youth and children.
Art. 28 In order to prevent those who are invested with authority from becoming oppresors; the people have a right, at such tinier and in such manner as they shall establish by the frame of Government, to cause their public officers to return to private life, and to fill up vacant places by regular elections and appointments.
Art. 29 A frequent recurrence to the fundamental principles of the Constitution; a rigid obedience to the laws; and a strict adherance to justice, temperance, industry, frugality and all the social and civil virtues is necessary to preserve the blessings of liberty and good Government.
The Govt debts contracted in the name of the Nation by its legal
agents for the use of the cause of independence since the declaration
in the year
All officers and soldiers who have fought for the cause of
independence since the first epoch, and the widows and children of those
OF THE RELIGION
Art. 80 The Roman Catholic apostolic is the religion of the Mexican Nation.
Art. 31 The Territory of the Mexican Nation is composed of the whole country extending, from the division line established on the north by the united States of North America and Spain, in the treaty of limits negociated by Don Luis de Onis; to the isthmus of Darien on the South; including all the islands bays, and ports appertaining to the Atlantic or Pacific coast within said limits.
Art. 32. All free persons born in this nation of whatever descent are citizens; also all foreigners who are naturalised according to law.
ADDITIONAL ARTICLE AFTER ART. 32
Every Mexican shall be faithful to the Constitution, obey the laws, and respect the established and legal authorities—and shall contribute in proportion to his means toward the public expences, and shall take up arms in defence of his country whenever called on agreeably to law—he shall also be bound to serve in any office to which he may be elected by the votes of the people—
Art. 33. The right of Citizenship may be lost by voluntary expatriation, by acquiring naturalization in a foreign Government, for crimes according to the laws and for not being able to read and write at the age of twenty years—
OF THE GOVERNMENT, AND STILE OF THE NATION
Art. 34 The stile of this community shall be the Republic of Mexico.
Art. 35 The Government is a representative Republic.
Art 36 The powers of Government defined and granted in this
Constitution shall be vested in three seperate and distinct branches,
to wit, the Legislative, the Executive, and Judicial, each of which
shall be kept as seperate from and independent of each other, as is
consistent with that connection which binds the whole fabrick of the
OF THE LEGISLATURE
Art. 40 Congress have power to alter the ratio established in the last article as they think proper.
Art. 41 To be a Deputy in this chamber it requires to be a citizen in the enjoyment of his rights, over twenty five years of age, a native or inhabitant of the province for which elected, of sound morality good reputation, accredited patriotism, posessed of sufficient real estate for a decent maintenance, instructed in the principles of national and civil jurisprudence, or in the elements of agriculture, Mining, Manufactures, or Commerce, in order to the more successfull discharge of the high and sacred duties of the Station.
Art. 42 Provinces which send not more than ten Deputies may elect one secular eclesiastic; Provinces which send more than ten, and not over twenty deputies, may elect two secular eclesiastics; Provinces which send more than twenty, and not over thirty deputies may elect three secular eclesiastics; and so on in the same proportion; but a greater number of eclesiastics than this shall never be sent by any Province
Art. 43 Should a greater number of eclesiastics be elected than is permitted in the preceding article, the chamber of deputies shall decide which shall be dismissed, so as to reduce the number to that prescribed, — The corresponding suplenties shall fill the cavancies [vacancies?] thus occasioned; but should the suplente also be an eclesiastic, the chamber shall order a new election for the district which is thus left without a representative, declaring in said order that an eclesiastic should not be elected for said district for that congress.
Art 44 Should it happen that a person is elected for the Province
in which he was born, and also for that in which he resides; he shall
take the seat for the latter, and the corresponding suplente shall
represent the former. The same shall be done in case a person should
be elected for two districts of the same Province when he resides in
one of them; but should he reside in neither of the districts for
ELECTION OF DEPUTIES
Art 46 The Provincial deputations shall from time to time take an exact enumeration of the inhabitants of their respective provinces in the manner prescribed by law. This being done they shall divide them into as many election districts as they may be entitled to deputies in Congress, so as to include as nearly as may be practiable thirty thousand inhabitants in each district. The said districts shall be designated by numbers where there is more than one in a Province ; as the first, second, or third district of such a Province —
Art 47. The limits and bounds of the elective districts established in the proceeding article, shall be clearly defined and made known by the proclamation of the Political chief of the Province, posted up in the most public places in each Parish; which proclamation shall also designate the capital of each district, or place where the electoral Juntas of districts hereinafter mentioned are to meet.
Art 48 After dividing the population of each Province into districts as above stated, should there remain a fraction of more than 20,000, it shall form a seperate district and elect a deputy as the others, but fractions less than 20,000 shall be added to other districts.
Art 50 In order to carry the last article into effect, when an election is required either by the Constitution, or by an order for a special election to fill a vacancy; the Political Chiefs of the Provinces shall give public notice thereof by proclamation in every parish and public place of the Parish designating the day or days of the election, which days must be the same throughout the whole Province; in which proclamation the objects of the election must be stated and that part of the Constitution prescribing the qualifications of deputies, quoted; it shall also name one alcalde and two assistents to preside as Judges at the election in each Parish, and one Alcalde to preside at the electoral Junta of the district.
Art. 51. The Proclamations spoken of in the last article must be issued and posted at least three months previous to regular elections and lit least one month previous to special elections.
Art. 52 On the day thus designated the Alcalde and assistants
appointed to preside at the parish elections, shall assemble at the most
convenient and central place in the Parish, which place must have
been designated by them by public proclamation posted up at least
Art. 53 The election shall then commence and the name of each
voter recorded by the secretaries, elections must be opened at 9
oclock A. M. and closed at 6. P. M. The law shall determine wheither
the votes shall be given
viva voce or by ballot, and shall regulate all
the necessary formalties of elections not herein provided for—
Art. 55 The caption of the records mentioned in the last article shall state the name of the Parish, number of the district name of the Province, time, and object of the election, names of the presiding alcalde and assistents, and name of the Secretary by whom made.
Art. 56 Two of said records shall be sealed up in presence of the said Alcalde, the two assistents and the clerks, one of which shall be sent to the Secretary of the Provincial Deputation or Political Chief of the Province and the other shall be taken by the said Alcalde or one of the assistents to the President of the Electoral Junta of the district, and the remaining record shall be deposited in the archives of the Parish church for the inspection of any person.
Art. 57 On the fifth day after the Parish election the electoral Junta of the district shall meet at the place designated as the capital of the district agreeably to the 47th article and at such house as the president of the Junta may appoint.
Art. 58 The electoral Juntas of districts shall be composed of the Alcaldes, or one of the assistents who presided at each of the Parish elections; and the Alcalde appointed agreeably to the last clause of the 50th Article, who shall be President of the Junta.
Art. 59 The electoral Junta of the District being assembled the President shall in presence of the Junta open the records and add up the votes taken at the parish elections within the district, and the person who may have received the greatest number of votes in the district, shall be elected a Member of the Chamber of Deputies.
Art. 60 Triplicate certificates of said election shall then be made out by the electoral Junta, stating the name of the Province, number of the district, time and object of the election and name of the person elected; which certificates shall be signed by all the members of the Junta present and attested by the President.
Art. 61. Two of the certificates mentioned in the last art. shall be
sealed up in presence of the Junta and endorsed on the back
"certificate of the election for deputy in the _______ District of the Province
0f ________ (stating the number of the District and name of the
Art. 62 The Political chief of the Province on receipt of said certificates shall immediately send the one directed to the President of the Chamber of Deputies to the Secretary of State for interior relations, to be delivered as directed on the first day that said Chamber meets after its receipt, and shall without delay communicate the contents of the other to the persons elected in an official letter depositing the original in the archives of the Province—
Art. 65 The chamber of deputies shall have the sole right of impeachment, or accusation against the President and Vice President of Mexico; the Judges of the high tribunal of Justice; the secretaries of despatch; ambasadors to foreign Courts; Archbishops and Bishops; Generals of the Army; Governors, Judges of the Supreme Provincial tribunals and all other officers not of less rank to those above mentioned. A majority of two thirds of the members present shall be required to form an accusation, which being decreed the senate and accused party shall be notified thereof, and the chamber shall appoint a committee to conduct and manage the prosecution before the Senate—
Art. 66. The Senate shall be composed of two senators from each Province elected for eight years by the Provincial Deputations, and one Bishop to be elected together with a suplente by the several churches of the nation in the mode to be prescribed by law.
Art. 67 The oldest Bishop in rank shall be the first senator untill another is elected according to law.
Art. 69 To be a Senator it requires, in addition to the qualifications for a deputy to the chamber of deputies, to be over thirty five years of age
Art. 70 There shall be one suplente elected by the Provincial
deputacions from each Province
Art. 71 At the first session of the Senate they shall divide themselves into four classes; the seats of the senators of the first class shall be vacated at the end of the second year; the seats of those of the second class at the end of the fourth year, those of the third class at the end of the sixth year, and those of the fourth class at the end of the eighth year, so that one fourth may be chosen every second year.
Art. 72 The Senate shall have the sole power to try all impeachments made by the chamber of Deputies. When the President or Vice President of Mexico are tried the President of the tribunal of Justice shall preside. No person shall be convicted unless condemned by a majority of two thirds of the senators present.
Art. 73 Judgement in the cases referred to in the last article may extend to removal from office, disqualification to hold any office in the Government; banishment or death; but shall never decree confiscation of property, or extend to the family, children, or friends of the condemned, unless they should be accomplices, in which case they shall be liable to be tried and condemned by the proper tribunal. The property of the convicted shall however be liable should the judgement include embezlement, or deficiency of public money.
Art. 74 The party condemned agreeably to the last article shall notwithstanding be liable to be prosecuted for damages by individuals who may feel themselves injured, and also to be tried and punished according to the laws in the tribunals of justice.
Art. 75 The Vice President of Mexico shall be President of the Senate and shall have the casting vote in case of a tie: In the absence of the Vice President, or when he is acting as President of Mexico, the Senate shall choose a Sub President to preside in his place.
Art. 76 The Senate shall choose its secretaries and other officers
OF THE TWO CHAMBLRS OF CONGRESS
Art. 77 No person shall be a Deputy or Senator in Congress who holds any office under the Government, except in the Milicia.; Neither shall any Deputy, or Senator receive any appointment whatever from the Executive during the term for which he is elected, without the consent of Congress being first obtained.
Art. 78 Each Chamber shall be the Judges of the elections, returns, and qualifications of its members and by a majority of two thirds expel a member The one half and one more of each shall be required to do business, but a smaller number may adjourn from day to day and compel the attendance of absent members.
Art. 79 Each member shall keep a journal of its proceedings
which shall be published except such parts as may require secrecy.
Art 80 Each chamber may determine the rules of its proceedings, punish its members for disorderly and improper conduct and with a majority of two thirds expel a member.
Art. 81 Neither Chamber shall during the session of Congress adjourn for more than three days at a time without the consent of the other
Art. 82 The Sessions of the two Chambers shall be held in seperate Halls, and shall be public, except when secrecy is required.
Art. 83 The two chambers may assemble in one Hall to receive the communications of the Executive at the opening of Congress and to elect the judges of the high tribunal of justice, or for any other extraordinary purpose for the object of consultation alone, but no law shall be passed while thus united.
Art 85 In the election of Deputies and Senators to Congress there ought to be a due proportion of lawyers, agriculturists, Miners, artists, and Merchants elected so as to combine in the national legislature the collective intelligence and experience of those great sources and foundations of the nations independence, prosperity and wealth.
Art 86 The Members of each chamber shall take an oath previous to entering on their duties, rigidly to support and defend the Constitution of Mexico and to discharge their duties faithfully to the best of their abilities.
Art 87 Each chamber shall have power to punish contempts or insults offered to it—
Art 88 The freedom of speech and of debate in Congress shall be absolute unlimited and inviolable and no Deputy or Senator shall be questioned or called to account else where for what he may say or do in Congress, they shall however be liable to be arrested and tried for treason, corruption or any crime according to law__
OF THE POWEBS OF CONGRESS
Art 90 The powers of Congress are ,
1.—To decree, amend and repeal laws.
2.—To levy and collect contributions and duties of every discretion.
3.—To declare war and dictate the basis and instructions for making peace.
7.- To borrow money on the credit of the nation, and to provide
the mode of examining and acknowledging the debts contracted in
the name of the nation by the legal agents of the independent
Government of Mexico since the proclamation of independence in the
8. -To regulate Commerce with foreign nations, and to approve of all treaties and alliances previous to their ratification.
9.—To establish and regulate the mails.
10.—To coin money and regulate the devise and value thereof, and of foreign coin and to provide for the punishment of counterfeiting.
11. - To regulate weights and measures.
12. - To establish by law the mode of becoming naturalised and acquiring the right of citizenship.
13.- To promote the progress of the arts and sciences by securing for a limited time to authors the exclusive privilege to their respective writings and discoveries—
14.—To constitute or distroy any tribunals or offices not specially
provided for in this Constitution and to regulate and establish the
forms and mode of judicial proceedings. And to establish the
form of tryal known in the United States of North America by the
name of tryal by
Jury under such regulations as may be deemed
15.—To define and punish pyracies and fenolies (sic) committed on the high seas, and offences against the public rights of nations.
16 —To define and punish treason or Sedition
17.—To limit the freedom of the Press so as to prevent scandalous attacks on private characters but no further.
18.—To provide for arming, organizing and disciplining the Militia
19. To regulate the expences of the administration of Government in all its branches.
20—To grant pensions for services actually rendered to the Nation.
22.—To adopt necessary and equitable measures by law, to keep the Mines now occupied or possessed by individuals, in operation
24.—To promote and encourage every species of industry and improvement;
25.—To establish a general system of education and to appropriate the public funds or any public property for the endowment and support of schools academies and colleges, or other literary institutions.—
26. - To appropriate the public funds for internal improvements in roads, canals, or other works of public utility.—
27.—To grant incorporations to Companies, cities, villages or individuals for limited periods for the purpose of Commerce, Banking, Mining, Municipal Government or any other usefull object; provided no grants shall be made contravening the 21st Article of this Constitution—
28.—To adopt all necessary measures for the preservation of the public health, tranquility and safety
29. —To exclude ecclesiastics altogether from either chamber of Congress and from all civil employment whatever. To establish or distroy any religious order and to endow those established out of the public property, or to divide or dispose of the property of those distroyed as may be most conducive to the public good—
31. - To make such a division of the territory of the Mexican Nation into Provinces and partidos as may be deemed most convenient ana just, which division when made shall be permanent as regards Provinces—
32. — To suspend for a limited time such parts of this Constitution as may be absolutely necessary to the public safety in case of invation, treason, or other eminent danger to the State; provided that such suspension shall cease the moment the cause ceases; and provided also that three fourths of each chamber of Congress concur therein.
33. - To declare, define and limit the power which the Pope shall exercise over the eclesiastics and churches of this Nation and to reform the eclesiastic laws and distroy or remove all abuses which may exist in the church. And to regulate and fix the salaries of the curates Canónigos Bishops and all other dignataries or employments of the churches in the nation—
34. - To annul or prohibit excommunications or other censures of the church or restrict them as they may deem proper.
35. - To make all laws which may be necessary and proper for
carrying into effect the foregoing powers, and the provisions of this
OF THE FORMATION OF LAWS
Art. 91 The power of forming laws resides in the two chambers of Congress.
Art. 92 Any Deputy or Senator has a right to propose a project of a law, doing so in writing and explaining the reasons on which it is founded.
Art. 93 take 133 article of Spanish Constitution
Art. 94 take 134 Art of do do
Art. 95 take 135 Art. do do do
Art. 96 take 136 do do do
Art. 97 take 137 do do do
Art. 98 take 138 do do do
Art. 99 take 139 do do do
Art. 100 If either chamber reject a project of a law in any of its stages it shall not be moved again that year.
Art. 101 Should the project be adopted it shall be engrossed so as to include all the amendments or additions which may have been made during the discussion, and then read in the chamber for the last time, and if found to be correctly extended it shall be signed by the Secretaries and sent to the other chamber.
Art. 102 When the project reaches the other chamber it shall pass through the same formalities as in the first, and if approved without amendments or alteration, it shall be Signed by the Presidents of each house and immediately presented to the President of Mexico for his approbation.
Art. 103 But should the project be amended in the other chamber it shall be sent back with the amendments to that in which it originated where the amendments shall be examined and approved or rejected as the majority may decide
Art. 104 Should the amendments be approved, the project shall be reextended so as to include them, but should they be amended or rejected, they shall be sent back together with the project to the chamber where they were made, with a request that they should be relinquished, or that the new amendments should be agreed to.
Art 105. In case of a total disagreement between the two chambers, a committee may be appointed by each to confer relative to the disagreement, who shall report to their respective chambers, and such measures shall then be adopted as the majority in each chamber may decide—
Art, 106 Every project of a law, resolution, order or ordinance to
which the concurrence of the Senate and Chamber of deputies is
necessary, (except a question of adjournment) shall be presented to
the President of Mexico for his approbation before the same shall
Art. 107 If after such a reconsideration two thirds of that chamber shall reapprove of the project as originally passed, it shall be sent to the other chamber, and if approved in like manner by two thirds of that chamber it shall be a law and the President of Mexico shall sign and publish it as such.
Art. 108 If any project of a law is not returned by the President of Mexico within thirty days after it is presented to him, it shall be a law and immediately published as such.
Art. 109 The laws after being signed by the President of Mexico shall be attested by the Secretary of State for interior and exterior relations, and immediately published throughout the nation in the manner and with the formalities which Congress may prescribe.
Art. 112 Congress shall declare by law, who shall exercise the
executive power in case of the death, resignation, removal, or
inability to act of the President and Vice President of Mexico at the same
time; provided that in such a case the exercise of said power shall
pro tempore and until a new election is ordered by Congress
which shall be done as soon as practicable, to fill the vacancies thus
occasioned in those two offices, which elections shall be in the same
manner prescribed for regular Presidential elections, and the
persons elected shall serve for the residue of the presidential term, and
Art 113 The persons elected to fill the vacancies mentioned in the last article may be eligible to be reelected for the same offices at the regular Presidential election provided they should not have served for more than 4 years
Art. 117 The one half and one more of all the members must be present to render the Provincial deputation competent to vote for P. and V. P. of Mexico, to elect Senators, to pass petitions for the removal or impeachment of officers, to exercise legislative powers, and for all other business of an important nature, but congress may by law authorise a less number to dispatch affairs of minor consequence—[This is the same as article 220 on Government of the Provinces]
Art. 118 The votes for President and Vice President being thus agreed on, four certificates thereof shall be made out and signed by the President of the Deputation and the secretary and then sealed up, all of which shall be done in open and public session, and completely concluded before any adjournment shall be allowed.
Art. 119 One of the certificates mentioned in the last article shall be sent to the Secretary of State of interior relations, one to the President of the Senate, one to the President of the Chamber of Deputies, and the fourth shall be deposited in the respective archives of the Provincial Deputations for the purpose herein after mentioned.
Art. 120 The returns seat as directed in the last article shall be enclosed in an official letter, and shall not be opened except as hereinafter ordered.
Art. 122 On a day which shall be exactly six months previous to the expiration of the term of the President then in office the Senate and Chamber of Deputies shall meet in one chamber, and the Secretaries of dispatch and Judges of the high tribunal of Justice shall be notified to attend. —The Secretary of State of relations shall then in presence of both chambers, the Other Ministers of State, the Judges, and Spectators in the Galleries, hold up the election returns received by him, that all might see that they are sealed, and had not been opened; he shall then open them, and declare their contents which shall be recorded by the Secretaries and entered on the journals of each chamber, The President of the Senate shall then proceed in the same manner with the returns received by him, and the President of the Chamber of Deputies shall then do the same.
Art. 123 All the returns recd having been thus opened and found
to correspond with each other shall be added together, and the per-
Art. 124 Should the three returns sent to the Secretary of State, the Presidents of the Senate, and of the deputies not agree with each other, an express shall be sent to the corresponding province for the original deposited in the archives of the deputation as stated in the 119th article. And the two chambers shall then decide on an examination which return shall be admitted, and wheither the difference proceeded from accident, neglect or intention, and take such further measures in the case as they may deem proper to punish the person or persons concerned in such neglect or intentional alteration.
Art. 125 The election being concluded the two chambers, accompanied by the Judges of the high tribunal of Justice, and secretaries of State shall proceed to the cathedral or principal church, and the President of Mexico then in office, the members of the Provincial deputations, Generals and other officers of rank then in the city having been notified to attend, the result of the election shall be again proclaimed in the church and a solemn Te deum shall be celebrated.
Art. 127 To be President or vice President of Mexico, it requires
to be a native of the Mexican Nation, or a citizen thereof at the
declaration of Independence in Iguala on the
Art. 129 before entering on the duties of his office the President shall take the following oath to be publickly administered by the President of the high tribunal of Justice in the principal church of the capital.
"I ____ do solemnly swear by God our Lord and on those holy
"evangelists that I will defend, fulfill, and support the Constitution
POWERS OF THE EXECUTIVE
Art. 180 The powers of the President of Mexico are as follows—
2.—he shall nominate, and with the advice and consent of the Senate appoint all the Generals and officers of the land and sea forces, the Secretaries of dispatch, Ambasadors, envoys, consuls and all other public Ministers, Judges of the Supreme Provincial, and inferior tribunals of Justice, and all other officers of the Mexican Government not specially provided for herein; but Congress may by law vest the appointment of such inferior officers as they may deem proper in the President alone, or in the Governors and Provincial Deputations of Provinces or in the tribunals of Justice
3—he shall have power to fill all vacancies during the recess of the Senate subject to its approbation or rejection at their first session—
4.—he shall open the sessions of Congress at the periods of the renovation of the Chamber of Deputies, at which time he shall give an exposition of the State of the Nation, suggest such new laws and amendments as he may deem necessary, and give every other information relative to the national affairs proper to be made public, all which shall be entered on the journals and published by the press for the information of the people—Subjects requiring secrecy shall be communicated in special messages.—
5. he shall publish and execute the laws
6.-he may convoke an extraordinary meeting of Congress whenever he thinks proper.
7.-he shall publish declarations of war, and peace
8.—he shall give direction and destination to the land and sea forces so as to defend the nation from foreign invations, internal commotions or any other threatend danger, and for the protection of commerce, giving an account to Congress thereof.
9.-he shall quell treasonable insurrections and conspiracies against the nation, or the public tranquility, and arrest conspirators and disturbers of the public peace, observing all the formalities of the laws, and rendering an account to either chamber of Congress of all measures adopted in virtue of this power
10. he may convene the Secretaries of dispatch, for the purpose
of consulting them relative to the public weal; and may require
12. he may grant pardons for all capital or other crimes, or mitigate the punishment when strong reasons of equity or national policy will justify it, except in condemnation by the Senate or high tribunal of justice in cases of impeachment against public officers.
13—he shall approve or revoke sentences of court martial, agreeably to the provisions of the laws regulating those tribunals
14.—All the objects and branches of the public revenue and political economy of the nation, all scientific, charitable or other public institutions principally founded and supported by the public funds; the mints; national roads, canals and mines; mails; and other public property shall be under the inspection and protection of the President of Mexico, according to the laws, ordinances and regulations now in force, or which may hereafter be enacted relative thereto
15.—With the advise and consent of the Senate he shall nominate the Archbishops, and bishops, and present for all dignitaries and benefices of the cathedral, parochial and other churches, conformably to the laws.
18.—he shall commission all officers of the Mexican Nation, and dismiss the same from service at his pleasure, except in the cases stated in this Constitution, or those otherwise provided for by law.
Art. 131 The President of Mexico shall give to Congress every information in his power relative to any subject whenever called on by either Chamber, and it shall be his duty to cause the Constitution and laws to be rigidly and faithfully obeyed throughout the nation—
He may request the advice of the Senate on any subject relative to the national affairs
Art. 132 The President and Vice President and all other officers
of the Mexican Nation may be removed from office and punished
on accusation and conviction before the proper tribunal, of treason,
bribery, violation of the constitution or laws, embezzlement or fraud-
Art. 133 Every officer of the Mexican Nation below the rank of the Vice President of Mexico shall be removed from office by the President of Mexico on the petition of 2/3ds of each chamber of congress to that effect, in which petition the causes for wishing the removal shall be assigned.
Art. 134 Every officer of the Mexican Nation appertaining either to the general Government or the Government of Provinces or Pueblos, shall, before entering on the duties of his office, take an oath, before some Judge, Governor, or other officer duly authorised for the purpose, to defend, observe and support the Constitution of Mexico, and faithfully to discharge the duties of his office according to law and to the best of his ability.
Art. 135 Every person shall be disqualified from serving as President, Vice President of Mexico, Senator or deputy in Congress, Members of the Provincial Deputations or any other office whatever who shall be convicted of having offered or given a bribe or reward of any description to procure his election or appointment.
OF THE SECRETARIES OF STATE OF DISPATCH
Art. 136 There shall be five secretaries of Dispatch, to wit—
Art. 137 Congress may vary this system of dispatch as circumstances and experience may require.
Art. 138 To be a Secretary of State of dispatch it requires to be a Citizen in the exercise of his rights, and over thirty years of age.
Art. 140 Congress shall by law designate and fix the duties and kind of business which shall appertain to each of the Secretaryships and define the nature and extent of their responsibility.
Art. 141 X take article 225 of the Spanish Contn
Art. 142 X take Art. 226 of the Sp. Constitution
Art. 143 X take Art. 227 of the do- do-
Art. 144 X The estimates of the public expenees made in conformity with the last article shall be consolidated and reported to Congress by the Secretary of the Treasury (Hacienda) who shall at the same time give such information and make such suggestions relative thereto, and to the public revenue and means of raising money, as he may deem proper.
Art. 145 X The Secretaries of Dispatch shall be removed from office should three fourths of each chamber of Congress request the President to that effect, with out its being necessary to assign any reason therefor.
OF THE JUDICIAL POWER
Art. 147 The Judicial power of Mexico shall be vested in one high tribunal of Justice to be located in the capital of the nation, One Supreme Provincial tribunal of Justice for each Province to be located in the capitals of the Provinces, and such other tribunals as Congress may by law establish
Art. 148 To be a Judge of the high tribunal of Justice, or of the Supreme Provincial tribunals, it is necessary to be a citizen in the full exercise of his rights, more than thirty five years of age and to have been a licensed lawyer with at least six years practice.
Art. 149 Congress shall by law determine the number of the Judges and other officers of the high tribunal of Justice and the mode of electing its President, and establish the rules of its proceedings and may extend or modify its powers.
Art. 150 The high tribunal of justice shall have jurisdiction
2—in all admiralty and maritime cases, and infractions of the revenue laws.
3—in all cases of crimes committed against the laws of Nations
4—in all cases arising out of public treaties.
5.—in all cases where the nation or a Province is a party, or
between one Province and another, or between cities or Pueblos of
the same or different Province relative to limits, or any other litigated
6. in all cases of a criminal prosecution against any officer of the nation for a violation of his official duties.
8. it shall have a general inspection over all the tribunals of the nation in the manner and according to the forms precribed by law.
9.—it shall decide on the constitutionality of the laws of congress and in all cases of doubt as to the constitutionality or interpretation of any law or other act of congress or of the provincial deputations or any officer or department of the Govt provided that should it decree any law of congress to be unconstitutional, such law shall be immediately sent back to the chamber of Deputies together with the reasons of the clecission and shall be reconsidered, and should the two chambers pass it again by a majority of two thirds, it shall be a law notwithstanding the opinion of the high tribunal
SUPREME PROVINCIAL TRIBUNALS
Art. 152 This tribunal shall have appellate jurisdiction in all cases sent up from the jueces de letras or other inferior tribunals, and shall have a general inspection and Superintendence over the proceedings of all the inferior tribunals of the Province, in order to see that justice is administered impartially, speedily, and equitably
Art. 153 The law shall prescribe the forms and manner of rendering effective the inspection and superintendence spoken of in the last article, and also determine the rules of proceedings of this tribunal and the number, names and powers of the officers to be attached to it, and mode of appointing them.
Art. 154 There must be at least five
jueces de letras present to
make this tribunal competent to act, and should a Province not have
sufficient population to entitle it to that number of Jueces de letras,
Congress shall by law order the Jueces de letras of two or more
Provinces to unite so as to form the necessary number, in which
case there shall be but one Supreme Provincial Judge for all the
Provinces thus united.
OF PROVINCIAL ADMIRALTY TRIBUNALS
Art. 158 The number, names, powers and emoluments of the officers to be attached to the Provincial Admiralty Courts shall be determined by law, also the times and formalities of holding their sessions, and the general rules of their proceedings.
Art. 159 In Provinces where there is no Supreme Provincial Judge, Congress may by law empower one of the Jueces de letras, or establish some other special tribunal to adjudicate the admiralty, Maritime and revenue cases of such Province, under such rules as the law may direct.
Art. 163 To render effective the last article Congress shall determine the number of inhabitants who shall be entitled to demand the appointment of a Juez de letras as a matter of right which number shall not exceed 5000—
Art. 164 The Jurisdiction of the Jueces de letras as to territory shall be designated in the mode to be prescribed by law, and shall form a Judicial partido.
Art. 165 In the formation of the Judicial partidos mentioned in the last article care should be taken not to divide Parishes if it can be avoided.
Art 166 The Jueces de letras shall form the tribunals of first instance in their respective partidos, and shall have a general inspection and'superintendence over the administration of Justice by the Alcaldes in the mode which the law may prescribe.
Art. 168 There may be an appeal from this tribunal to the
Supreme Provincial tribunal in the manner and with the formalities
required by law.
Art 171 The powers and duties of the alcaldes shall be the same prescribed by the Spanish Constitution and existing laws.
Art 172 Deputations may by law extend and modify the powers of the alcaldes as they may think proper.
ADMINISTRATION OF JUSTICE
Art. 173 take article 242. Spanish Constitution
Art. 174 do do 243. do do
Art. 175 do do 244. do do
Art. 176 do do 245. do do
Art. 177 do do 246. do do
Art. 178 do do 247. do do
Art. 179 do do 248. do
Art. 180 do do 249. do
Art. 181 do do 250. do
Art. 182 do do 254. do
Art. 183 do do 255. do
Art. 184 do do 257. do
Art. 185 do do 258. do
Art. 186 do do 280
Art. 187 do do 281
ADMINISTRATION OF JUSTICE IN CRIMINAL CASES
Additional article In criminal prosecutions the tryal of the facts in the vicinity where they happen is so essential to the secure of life, liberty, and property, that no offence or crime shall be tryed in any other province than that in which it is committed, except in cases subject to military-courts martial, and cases in which the public safety, or evident and just reason of necessity, policy, or equity, should require a tryal elsewhere
Take the whole of chapter 3d title 5th of the Spanish Constitution
Art. 211 The political government of the Provinces shall be vested
in a Governor or Political chief to be appointed in each province for
four years; and in the Provincial Deputations.
Art. 212 The governors of Provinces shall be commanders in chief of the Militia conservers of the public peace and intendents in their respective Provinces and their duties and powers shall be particularly specified by law —they shall be obliged to render an account to the Provincial Deputations relative to every matter connected with the Government or affairs of the Province whenever called on by said Deputation therefor, and shall in all things obey and publish the orders and decrees of the said Deputations when not repugnant to the Constitution or laws of the nation, but they shall not be members of the Provincial Deputations.—
Art. 213 There shall be a Provincial Deputation in each Province composed of one member for every 5000 inhabitants, provided that the number of Members shall never exceed fifty one whatever may be the population of the Province
Art. 214 The Members of the Provincial deputations shall be elected every two years by the People at the same time and manner with deputies to Congress provided that the records of the votes in this case shall be taken by one of the assistant judges at each Parish election to the Juez de letras of the Partido who in conjunction with said assistants shall form the electoral Junta de Partido, in which the votes for members to the Provincial Deputations shall be opened and the same formalities observed in every respect as herein directed for the electoral Juntas of districts—except that in this case one of the certificates of the election shall be sent to the secretary of the Provincial Deputation, one to the person elected, and the third deposited in the archives of the church in the place where the Junta de partido meets —
Art. 215 The electoral Juntas de partido mentioned in the last article shall be held at the principal town or Cabeza del partido - and should there be no jeuz de letras to assist at the Junta the Curate or alcalde of the place or any other person designated by the Provincial Deputation shall supply the deficiency.
Art. 216 The limits and bounds of the electoral Partidos shall be designated by the Provincial Deputations in the same manner prescribed relative to the electoral districts, so as to contain as nearly as practicable 5000 inhabitants in each partido -
Art. 217 Should a Province be entitled by its population to more than 51 members, the Provincial Deputations shall divide it into fifty one electoral partidos, as equally as may be practicable and each partido shall elect one member to the Deputation
Art. 218 To be a member of the Provincial Deputations it is
necessary to be a Citizen in the exercise of his rights as such, more than
twenty five years of age, possessed of sufficient real property for
a decent support and a resident of the Province for which elected -
Art. 219 No person holding any office under the Government (except in the Militia) shall be, a Member of the Provincial Deputations - and not more than one tenth part of the members can be eclesiastics
Art. 220 The one half and one more of all the members must be present to render the Provincial deputation competent to vote for P. and V. P. of Mexico, to elect senators, to pass petitions for the removal or impeachment of officers, to exercise legislative powers, and for all other business of an important nature but Congress may by law authorise a less number to dispatch affairs of minor consequence -
Art. 221 In addition to the powers and duties assigned them by this Constitution, and by the Spanish Constitution and laws now in force, or which may hereafter be assigned them by Congress the Provincial Deputations shall have power.
1 - To make representations to the chamber of Deputies against the Governor or Supreme Provincial Judge of the Province for misdemeanor in office on which representation the said chamber may found an impeachment; or recommend the President to remove the person or persons complained of from office according to the nature of the offence, which recommendation shall be executed by the President without delay -
3 - To petition the President of Mexico to remove from office any Juez de letras for misdemeanor in office, neglect of duty, incapacity or any other cause which may not be deemed of sufficient magnitude to found an impeachment on—and the President on receipt of such petition shall immediately present it to the senate, and if deemed well founded by a majority of that body, it shall take immediate effect and a new appointment shall be made to fill the vacancy -
Art. 222 The members of the deputations shall previous to
entering on their duties take an oath to defend observe and support the
Constitution of Mexico, and faithfully to discharge the duties of
their station to the best of their ability -
Art. 224 every Province which has 20,000 inhabitants shall be entitled to a Provincial Deputation and on the petition of the Majority of the Ayuntamientos [to] the President of Mexico to that effect orders shall be immediately issued through the Political chief of the Province for the election of the members and all other necessary measures shall be adopted to establish the Deputation without delay -
take the whole of capitulo 2d titulo 8. S. C. [Spanish Constitution]
take the whole of titulo 9. S. C.
OF AMENDMENTS TO THE CONSTITUTION
The State of Texas
Before me J. D. Campbell, a Notary Public in and for
Washington County Texas on this day personally appeared Major Moses
Austin Bryan, and Colonel Guy M. Bryan - who are well known to
me, and being by me duly sworn they state (and each of them) that
they are well acquainted with the handwriting of Stephen F. Austin -
that the handwriting from the beginning to the ending of the
foregoing instrument, "A Project of a Constitution for the Republic of
Mexico formed by Stephen F. Austin of Texas - City of Mexico
(Signed) Moses Austin Bryan
Sworn to and subscribed before me this