CHAPTER XII.

CONSTITUTIONS AND LAWS.

VARIOUS CHANGES OF THE MEXICAN CONSTITUTION.--PRESENT ORGANIZATION

OF THE NATIONAL AND STATE GOVERNMENTS.--CONSTITUTION OF

1847.--LEGISLATIVE AND JUDICIARY--NATIONAL AND

STATE.--JUDICIARY--ADMINISTRATION OF JUSTICE--CIVIL AND CRIMINAL

PROCESS--MAL-ADMINISTRATION OF

JUSTICE.--PRISONS--CRIME--ACCORDADA.--CONDITION OF

PRISONS.--STATISTICS OF CRIME IN THE CAPITAL--GARROTTE.--MEXICAN

OPINIONS.

Since the downfall of Iturbide the body politic of Mexico has passed

through many stages of revolutionary and factious disease. Four

constitutions have been formed and adopted by the people or their

temporary rulers independently of the Bases de Tacubaya, under which

Santa Anna ruled despotically until the month of June, 1843. These are

the Federal Constitution of 1824; the Bases y Leyes Constitutionales,

or, Central Constitution of 1836; the Bases Organicas de la Republica

Mejicana of 1843, and the restored Federal Constitution, with amendments

by an _acta de reformas_, in 1847. Five great organic changes, in

twenty-six years, have thus continually swayed the people between

Federation and Centralism; and we may hope that, after all these vital

alterations, besides all the minor military _pronunciamientos_ or

_gritos_, which, in the intervals have vexed the public tranquillity,

the country has, at length settled down firmly upon the reliable basis

of a great but balanced confederacy.

The Constitution of 1847 creates a Federal Republic; and, with the

exception of the intolerant articles in regard to religion upon which we

have commented in the preceding chapter, it is a document worthy of

freemen who desire to avoid consolidation and are anxious to preserve

the distinct, responsible activity of their states. This instrument,

after indicating the subdivision of the whole territory into the states

heretofore enumerated in Chapter 1st, deposes the national legislative

power in a Congress formed of a house of representatives and a senate,

the representatives being chosen every two years by the citizens of the

states, in the ratio of one for every fifty thousand souls or for any

fraction beyond twenty-five thousand, while the senate is composed of

two members from each state, elected by the legislatures, one-third of

that body being renewable every two years. There are now one hundred and

forty deputies, each of whom receives a salary of three thousand

dollars; and sixty-three senators, whose yearly pay is three thousand

five hundred each.

The executive power resides in a president, who is eligible every four

years, and cannot be re-elected except after an interval of four years.

There is no vice president; and, in case of the death or perpetual

incompetency of the president, congress, or in its recess the council of

government, shall call upon the state legislatures to fill his place by

election. The ordinary and regular election of the chief magistrate, of

deputies, senators and ministers of the supreme court of justice, is to

be regulated by general laws, and may be either by the people directly

or by electoral colleges; but in these indirect elections no one can be

named, either as a primary or secondary elector, who holds a political

office or exercises civil, ecclesiastical, or military jurisdiction in

the district he represents. The salary of the president is thirty-six

thousand dollars a year. During the recess of the general congress a

council of government is to be constantly in existence, composed of one

half of the senate, one member being retained from each state. The

duties of this council are confined chiefly to a salutary vigilance over

the constitution and laws, and to the convocation of extraordinary

sessions of the national legislature, either in conjunction with the

president or by its sole act. The cabinet consists of a minister of

foreign and domestic affairs; a minister of justice; a minister of

finance; a minister of war and marine, each of whom receive an annual

salary of six thousand dollars.

Each state government is independent within its local jurisdiction, and,

like the federal government has, executive, legislative and judicial

powers. The law making power of each of these governments resides in a

legislature composed of the number of members which may be determined by

its separate constituency, all of whom shall be elected by the people

and removable at the time and in the manner they may think proper to

decree. The persons to whom the sovereign states confide their executive

power, can only exercise it for a time fixed by each respective state

constitution. The power and jurisdiction of the national judiciary are

amply defined so as to avoid conflict. The state judicial power is to be

exercised by the tribunals created or appointed by the state

constitutions, and all civil or criminal causes recognized by those

courts shall be conducted in them to a final hearing and to the

execution of the sentence. Every male person either born in the republic

or naturalized, who attains the age of twenty years, possesses the means

of honest livelihood, and has not been sentenced by legal process for

any infamous crime, is declared to be a citizen of Mexico, and enjoys

the right to vote, to petition, to meet others in the discussion of

public affairs and to belong to the national guard. The exercise of

these rights of citizenship may however be suspended in consequence of

confirmed intemperance, professional gambling, a vagabond life, the

assumption of religious orders, by legal interdict, in virtue of crimes

which cause loss of citizenship, and by inexcusable refusal to serve in

public employment when appointed by the people.

ADMINISTRATION OF JUSTICE.

The federal constitution of 1824, introduced into Mexico, as we have

seen, two general orders of tribunals; those of a _federal_ or

_national_ character, and those of the _states_. The power of these

judiciaries was deposited in a supreme court, and in circuit and

district courts; and causes were taken from one to the other, by

appeals, or in other words, passed by grades from the lowest to the

highest, according to the nature of the transactions they involved. The

jurisdiction of these courts was of course very extensive; yet it was

not paramount or universal over all classes of Mexican society, inasmuch

as large numbers of Mexicans were exempted by _fueros_ or special

privileged jurisdictions, from the control of the constitutional courts.

The _fueros_ were chiefly those of the military and ecclesiastics. There

was a common military _fuero_ in civil and criminal matters, which

authorized the parties to have their causes tried before the commanding

generals, and, on appeals, before the supreme tribunal of War and

Marine, whilst there was another right of trial, or jurisdiction for

military misdemeanors, before the council of war of general officers.

There were, besides these, three special _fueros_ of war;--one of

artillery, one of engineers, and another of the active militia. The

ecclesiastical _fuero_, gave an appeal from the bishop to the

metropolitan, or from the archbishop to the nearest prelate;--if the

metropolitan commenced a cause, an appeal lay to the bishop who was his

nearest neighbor; and, on a third trial, to another neighboring

episcopate. Notwithstanding these military and ecclesiastical _fueros_

were permitted to exist by special favoritism after the republic was

formed, the Mexicans suppressed, after 1824, the _fueros_ of the

consulados and of the mineria, or the mercantile and mining tribunals,

both of which were sanctioned by experience or convenience, and whose

foundations had been laid in the best principles of jurisprudence. To

compensate, however, for the destruction of such useful institutions, it

was determined that, in the federal districts and territories, suits

growing out of mercantile transactions should be decided, in the first

instance, by the "Alcaldes" or judges _de letras_, with whom were

associated two colleagues proposed by the parties, and from whom an

appeal might be taken to the supreme court. No special tribunal was

created for the mining interests. In the federal districts and

territories a primary tribunal was constituted for the trial of

culprits, before an Alcalde and two Regidores; from whom an appeal lay

to another _Alcalde_ or _Regidor_ and two associates, one of whom was

named by the Syndic, and the other by the criminal. This correctional

police, which has since been somewhat modified, disposed summarily of

the greater part of malefactors in Mexico, and was empowered to sentence

to the extent of six years imprisonment. The central constitution of

1836 modified this judicial system, and constituted judges _de

partido_,--_Jueces Departamentales_, and a supreme court. The federal

jurisdiction was confined to admirality cases, fiscal transactions, and

causes which concerned the public functionaries, while the military and

ecclesiastical tribunals were left untouched.

Santa Anna during his last administration suppressed the district and

circuit judiciary, and extended the jurisdiction of the common

tribunals. But he restored the mercantile and mining "_fueros_" which

were loudly demanded by public opinion. One of the few really good and

useful provisions of the Spanish constitution has always been preserved

in all the changes of Mexican legislation. This is the _judgment of

conciliation_, by which litigant parties were prohibited from

originating an action until they procured a certificate from an

Alcalde,--who was not a lawyer,--that a judgment by arbitration or

conciliation had failed before him on trial. This is an admirable device

and terminates multitudes of law suits in Mexico when men fear to

encounter the costs and procrastination of the courts. It might be

successfully grafted on our own system of tribunals, where it would

doubtless benefit the clients though it might impair the professional

revenue of the counsellors.

By the readoption of the federal constitution of 1824, in the year 1847,

the judicial system was brought back from the changes of 1836 and 1843

to its former condition. The laws of Mexico, founded upon the old

Spanish colonial legislation, and improved, in some measure, by the

modification of state and national legislatures under the republic,

constitute a vast and chaotic mass of principles, commentaries and

decisions, which require a life time of studious toil to master and

expound. The mixture of constitutional tribunals and specially

privileged jurisdictions, under the system of _fueros_,--created a

complication of judicial functions, which greatly narrowed the chances

of a pure administration of law. The Mexican advocates, among whom many

are distinguished for their learning and studious habits, are not, when

considered as a professional body, comparable, either in information or

ability, to their British, French, German or American brethren. The

cumbrous formalities of Spanish law form a prolific hot-bed of special

pleading, chicanery, and delay. A Mexican law suit is a proverb of

procrastination. There are cases in Mexico in which the first paper was

filed more than a hundred years ago. The suitor is not only impeded by

every device that cunning and exaction can throw in his way, but there

is cause to believe that the path of justice is sometimes impeded by the

barrier of a bribe. If a Mexican lawyer is unable to force his cause to

a final verdict, he is at least always prepared to assign plausible

reasons for the tedious delay with which it halts and lingers in the

forums. Nor is the value of legal costs unknown in Mexico, either by

judges, notaries, or clerks. In proportion as the litigants are wealthy,

or as it is necessary that their cause should be speedily decided, so

are the greedy officials slow in preparing it for a final hearing and

decree. The maxim in Mexico is--"_mas vale una mala composicion que un

buen pleito_,"--a bad compromise is better than a good law suit. "There

are men,"--said a member of the Mexican cabinet to congress, in

1830,--"who exercise the right of life and death over their equals, whom

the arm of justice does not venture to reach; and, thus, as the bonds of

society are effectually dissolved, individuals owe security, rather to

their personal power, than to the protection they have a right to expect

from the laws." There are many criminals throughout the republic who

have long offended with impunity while every species of chicanery has

been taken advantage of to secure their life and liberty. Witnesses are

sometimes intimidated, false oaths sworn, and terrible menaces whispered

in the ears of the timid; nor are these base threats always left

unexecuted if the victim is finally condemned and punished.

* * * * *

In the space of six months, during the end of 1841 and beginning of

1842, several horrible assassinations were perpetrated in Mexico. An

old Spanish porter was slain and cruelly mutilated in his dwelling, in

the capital. So scandalous a deed excited universal indignation. The

judicial authorities of the capital ordered rigorous proceedings against

the culprit, but, after the case had been tried, and the murderer

condemned to lose his life, he was pardoned in consequence of a threat

that he would make important or disagreeable revelations if the sentence

were executed. Another Spaniard,--a planter of standing in his

district,--was murdered by the servants of a neighboring _haciendado_,

with whom he had a dispute in regard to water-rights. The cause was

tried, and the instigator and his tools were imprisoned. Yet the arm of

justice was withheld by intrigue and corruption. Another Spanish

planter, in the south,--a physician by profession, and a man incapable

of injuring any one,--was foully killed by a band of Indians, nine of

whom were shot for the crime. These miserable wretches had been but the

instruments of higher criminals who were well known to the public,

nevertheless they were too powerful to be made responsible for their

shameful crime. At Tacubaya, in 1842, an English gentleman and his wife,

whilst indulging in an evening walk were assassinated and brutally

mutilated. But justice was for a long time foiled in its retributive

efforts. Nor is it likely that the culprits would ever have expiated

their guilt on the scaffold had not the foreign population loudly

demanded, and liberally paid for their conviction. In 1839, the Mexican

judges gave a striking example of firmness in the execution of a capital

sentence, decreed in a case which lasted four years against a colonel of

the army and his companions. It was proved that this scoundrel whilst

residing in the national palace as one of the aid-de-camps of the

president, had been the chief of a band of robbers who committed their

offences not only on the highway, but in the metropolis itself. The

honorable result in this case was chiefly owing to the firmness of the

attorney general, who resisted the threats and the bribes of the

criminal's powerful friends. Yet he, probably, paid for his firmness

with his life, for he died shortly after the execution, and there is

reason to believe, that he perished by foul means. During the

administration of Santa Anna in 1842 and 1843, the most energetic

efforts were made to free the country and the public roads, from the

hordes of robbers that thronged them. The highway from Vera Cruz to

Mexico was filled with thieves, whose favorite haunts were in the

neighborhoods of Perote and Puebla, within the hearing of whose

sentinels they almost daily exercised their vocation upon travellers in

the diligence. Santa Anna placed large bodies of cavalry on the route

as soon as he came to power, and numerous arrests were made which were

followed by the prompt conviction and execution of the bandits. No mercy

was shown. The robbers were _garroted_, in pairs, in the towns along the

road and in the capital; and thousands turned out morning after morning

to witness the tragic end of these merciless wretches. For a short time

the road was free; but, in a few months, new bands replaced the executed

robbers, and, since the war with the United States, the main highway of

Mexico has become as insecure as of old.

PRISONS--CRIME.

The prisons of the city of Mexico are in a wretched condition, and,

although it has often been proposed to introduce some of the modern

penitentiary systems of Europe and the United States, we are not aware

that any thing has been done to effect this desirable end. The ACCORDADA

is the common prison of Mexico. In front of one of its wings, at a low

window protected by stout iron bars, are laid, every morning, the dead

bodies that have been found throughout the city during the night. Every

day these frightful evidences of murder or violent death are exposed to

the gaze of citizens as they pass onward towards the western limits of

the city. Sometimes five dead bodies have been seen at one time in this

Morgue of Mexico;--and, on days succeeding festivals, the number is

sometimes largely augmented. These unfortunate wretches are the victims

of quarrels, or sudden fights;--and the front of the deadly window is

commonly crowded with women and children--the relatives of the victims

who come thither to seek after or to gaze their last on friend, father

or husband.

Loathsome as is this exhibition on the exterior of the Accordada, the

interior of this edifice is scarcely less frightful. Like all large

Spanish edifices it is quadrangular. A strong military guard watches the

gate, and a gloomy stairway leads to the second story, whose entrance is

guarded by a massive portal. Inside of this, a lofty room is filled with

the prison officers and a crowd of subalterns engaged in writing,

talking, smoking and walking, whilst the clank of chains, the shouts of

prisoners and the constant din of a disorderly establishment, add to the

disgusting sounds and demeanor within.

Passing through several iron and wood barred gates, you enter a lofty

corridor, running around a quadrangular court-yard, in the centre of

which, below, is a fountain of troubled water. The whole of this area is

filled with human beings,--the great congress of Mexican crime,--mixed

and mingling, like a hill of busy ants swarming from their sandy

caverns. Some are stripped and bathing in the fountain;--some are

fighting in a corner;--some making baskets in another. In one place a

crowd is gathered around a witty story-teller, relating the adventures

of his rascally life. In another, a group is engaged in weaving with a

handloom. Robbers, murderers, thieves, ravishers, felons of every

description, and vagabonds of every grade or aspect, are crammed within

this dismal court-yard; and, almost free from discipline or moral

restraint, form, perhaps, the most splendid school of misdemeanor and

villany on the American continent.

Below,--within the corridor of the second story,--another class of

criminals is kept; and yet, even here, men under sentence of death, are

pointed out who are still permitted to go about without restraint.

In one corner of the quadrangle is the chapel, where convicts for

capital offences are condemned to solitude and penance, during the

_three_ last days of their miserable life; and, at a certain hour, it is

usual for all the prisoners to gather in front of the door and chant a

hymn for the victim of the laws. It is a solemn service of crime for

crime.

The women are not generally seen in the Accordada, but their condition

is but little better than that of the males. About one hundred of the

men, chained in pairs like galley slaves, are driven daily, under a

strong guard, into the streets as scavengers; and it seems to be the

chief idea of the utility of prisons in Mexico, to support this class of

coerced laborers.

There can be no apology, at this period of general enlightenment in the

world, for such disgraceful exhibitions of the congregated vice of a

country or capital. Punishments, or rather incarceration or labor on the

streets, is in reality no sacrifice, because public exhibition deadens

the felon's shame, inasmuch as such inflictions cannot become

punishments, under any circumstances of a _lepero's_ life. Indeed, what

_object_ in existence can the Mexican _lepero_ propose to himself? His

day is one of precarious labor and income;--he thieves;--he has no

regular home, or if he has, it is some miserable hovel of earth and mud,

where his wife and children crawl about with scarce the instinct of

beavers. His food and clothing are scant and miserable. He is without

education or prospect of social improvement. He belongs to a class that

does not rise, for his class is ostracised by hereditary public opinion.

He dulls his sense of present misery by intoxicating drinks. His quick

temper stimulates him to quarrel. His sleep, after a debauch, is

unrefreshing, and he only wakes to encounter another day of uncertainty

and wickedness. What, then, is the value of life to him, or one like

him? Why toil? Why not steal? What shame has he? Is the prison, _with

certainty of food_, a greater punishment than the free air with

_uncertainty_? On the contrary, he regards it as a lighter punishment,

whilst he is altogether insensible to its moral degradation.

Mexico will thus continue to be infested with felons, as long as its

prison is a house of refuge, and a comparatively happy home to so large

a portion of its outcasts.[38]

STATISTICS OF CRIME IN THE CAPITAL, 1826--1836--1842.

The following table exhibits the condition of the public prisons of

Mexico in 1826.

Inmates on the 31st Dec., 1825, 553

{For Homicides and their accomplices, 151}

Entered { " Robbery, " " " 1,090}

in 1826. { " Rioting and bearing arms, 2,011} 4,750

{ " Incontinence (incontinencia,) 543}

{ " Various crimes, 955}

-----

Total number of persons, 5,303

=====

Of these there were

Released, 4,155}

Sentenced to death by garrotte, 7}

" to prison for terms, 67}

" to public works, 159} 4,628

" to house of correction, 3}

" to service of the prison, 229}

" chained at various places, 8}

Remaining on the 31st December, 1826, 675

MILITARY TRIALS AND JUDGMENTS IN 1826.

Entered prison, to be judged by military tribunals, 462

Sentenced to punishment, 8}

" to prison, 48}

" to military service, 5}

" to public works, 55}

" to house of correction, 6} 362

Liberated, 212}

Escaped, 12}

Died 2}

Delivered to the ordinary tribunals, 14}

----

Remaining at end of 1826 100

A Mexican statistical bulletin, presents the following picture of the

criminal condition of the federal district, for the 8 first months of

the year 1836. During this period there were 255 _arrests_; 53 were

immediately released and 202 remained in prison. These were divided as

follows:

Homicide, 5

Wounding severely, 30

Robbery, 8

Attempt to rob, 12

Suspected of robbery, 30

Rioting, 37

Incontinence, 4

Counterfeiting money, 15

Forgery of documents, 1

Drunkenness, 17

Quarreling, 41

Resistance of authority. 2

---

Total, 202

which would give for the whole twelve months, at the same rate, 269 for

the number retained.

In this statement, fifteen individuals are reported as being imprisoned

for counterfeiting coin, yet it is notorious that, at this epoch, all

Mexico was converted into a manufactory of false money, for the country

was deluged with copper. It is boldly alleged that deputies, generals,

and merchants, participated in this scandalous and bold speculation.

Santa Anna, in order to check this national evil, decreed that

counterfeiting should be considered a _military crime_, and the

offenders made liable to the summary and severe trials which usually

take place when soldiers are both judges and jurymen.

* * * * *

The subjoined statistics bring these statements nearer our own period,

and afford means of comparison with antecedent dates:

IMPRISONMENTS IN THE CITY OF MEXICO FOR 1842.

In the first 6 months of 1842, there were imprisoned in

the city of Mexico, 3,197 men.

In the first 6 months of 1842, " " " 1,427 women.

In the second 6 months of 1842, " " " 2,858 men.

In the second 6 months of 1842, " " " 1,379 women.

-----

Imprisonment of both sexes this year, 8,861

We will not swell these tables by specifying each of the crimes for

which these 8861 individuals were incarcerated; but will merely note the

chief violations of law and the number of the respective offenders:

Men. Women. Total.

Robbery, 1,500 470 1970

Prostitution, adultry, bigamy, sodomy and incest, 312 179 491

Quarreling, wounding, 2,129 1,140 3,233

Rioting and bearing arms, 612 444 1,056

Homicide and attempt at ditto, and robbery and

homicide, 70 17 87

Rape and incontinence, 65 21 86

Forgery, 7 1 8

Gambling, 3 0 3

----

Total, 6934

High grades of crime, 6934

Misdemeanors, 1927

----

Total, 8861

====

$4,121 were expended for salaries in the Acordada; and $30,232 for the

maintenance of the prisoners. It should be stated, moreover that a large

number of the above criminals were committed and punished for throwing

vitriol on the dress and faces of persons in the street;--that 113 dead

bodies were found;--894 individuals sent to hospitals; and 17 executed

by the _garrotte_. The culprit who is sentenced to this mode of

expiating his crime is seated in a chair on the scaffold, whilst his

neck is embraced by an iron collar which may be contracted by a screw. A

sudden and rapid turn of the lever drives a sharp point through the

spinal marrow at the moment that the band closes around the throat and

strangles the victim.

NOTE.--In confirmation of all we have said in this chapter in

regard to the administration and condition of law in Mexico, and in

relation to the army, we refer to an able pamphlet published in

that country, in 1848, entitled "_Consideraciones sobre la

Situacion Politica y Social de la Republica Mejicaen el ano 1847_,"

written, we understand, by Don Francisco Lerdo. It presents a dark

picture of the country at that epoch; but the author's purpose was

to unmask the social and political diseases of his country, and his

patriotic task was the more needed because that country was on the

brink of ruin from war.

It is to be especially noted with commendation that the Mexicans

have recently become the severest critics not only of their

institutions but of themselves. The miserable, boasting

spirit,--the taste for grandiloquent proclamations,--the

indiscriminate laudation of Mexican virtue, talent, science, honor,

valor, and justice, which filled the papers and pamphlets of the

nation, but which were never sustained when the Mexicans came in

contact either with highly cultivated foreigners or were opposed by

foreign arms, have all been greatly qualified since the war. The

combined lessons of her unsparing but truthful satirists and of her

invading enemies, will not be lost on a people really sensible and

sensitive, though bewildered for more than a quarter of a century

during which bombast served for glory or consolation when anarchy

was not altogether triumphant. In confirmation of this growing

spirit of self-examination with a view to national reform, we would

also refer to the discreet and able memoir of Don Luis G. Cuevas,

minister of foreign and domestic relations, read by him before the

Chamber of Deputies, on the 5th of January, 1849.

Mexico, Aztec, Spanish and Republican, Vol. 2 of 2 A Historical, Geographical, Political, Statistical and Social Account of that Country from the Period of the Invasion by the Spaniards to the Present Time. · 第 12 / 17 章