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SPEECH OF IION. ROBERT L. O WE N ON AFFAIRS IN MEXICO. Mr. OWEN. Mr. President, I believe that many of the peo ple o f the United States do not fully appreciate the facts which have justified the United States in refusing to recognize Huerta, in demanding an apology, in taking possession of Vera Cruz, and in massing its forces in preparation for dealing in other ways, perhaps, with Gen. Victoriano Huerta. I feel impelled to present some of the facts which have justified our conduct and which would now justify the United States in demanding and enforcing by arms, if otherwise unavoidable, the restoration of “ Government of the people, by the people, and for the people,” to the hands of the people of Mexico, and the overthrow' of the cruel commercialized military oligarchy now riding the people o f Mexico to ruin and chaos. When Victoriano Huerta usurped the presidency of Mexico by military revolution February 18, 1913, he found immediate opposition. The legislature of the State of Coahuila passed resolutions instantly supporting Madero (Feb. 19). This reso lution made Madero’s death expedient to Huerta to prevent organized support of Madero. Madero was killed (Feb. 22, 1913) at once. It soon became obvious to Huerta that his only chance to hold his power against Carranza and Zapata fighting for the constitution was by exciting a war or some act of aggression by the United States which would enable him through misguided patriotism to rally behind himself the leaders of the constitu tionalist movement. Huerta thought he could by exciting their patriotism make them forget or condone his crimes in resisting a common foe and thus get them to support his leadership. From many quarters since last summer the authorities of the United States have had reason to know of Huerta’s wicked purpose against the United States. Finally, when the unspeakable misconduct of Huerta’s admin istration had not yet moved the United States to take any aggressive action against Huerta, a step was taken by one of Huerta’s subordinate officers at Tampico which could not be overlooked or condoned. One o f Huerta’s subordinate officers, on the 9th of April, 1914, in all human probability instigated by Huerta himself, arrested at Tampico a paymaster o f the U. S. S. Dolphin and a boat’s crew, all in the uniform of the United States. Our sailors were unarmed and entered Tampico to purchase some gasoline. Two of them were in our boat with the flag o f tlie United States at the bow and the stern o f the boat, and upon our own soil under the international law. Our unarmed men, in the uniform of the United States, were then 44815—13387 3 f fc'l r r r y 4 paraded through the streets of Tampico as a public spectacle, subsequently released with an apology from the subordinate officer and later with an expression of regret from Huerta. But Huerta deliberately declined to salute the flag, under the rules of international law, as demanded by the President of the United States, for this international affront and indignity, while he temporized for 10 days with President Wilson, evidently with a view to obtaining a cargo o f 250 machine guns and 2,000,000 rounds o f ammunition which were expected to arrive by a Ger man merchant ship at Vera Cruz on Tuesday, April 21. The President of the United States gave Huerta until 6 o’clock Sunday night, April 19, to make the amends required by interna tional law. The salute was not made. On Monday, April 20, the President of the United States presented the matter to the Congress o f the United States, and Congress passed a resolution as follow s: T h a t t h e P r e s id e n t i s j u s t i f i e d in t h e e m p lo y m e n t o f t h e a r m e d f o r c e s o f t h e U n i t e d S t a t e s to e n f o r c e h is d e m a n d f o r u n e q u iv o c a l a m e n d s f o r c e r t a in a f f r o n t s a n d in d i g n it i e s c o m m i t t e d a g a in s t t h e U n it e d S t a t e s . B e i t f u r t h e r r e s o lv e d t h a t t h e U n it e d S t a t e s d i s c l a i m s a n y h o s t i l i t y t o t h e M e x ic a n p e o p le o r a n y p u r p o s e t o m a k e w a r u p o n M e x ic o . This resolution was justified by a preamble referring to the facts presented by the President in his message to Congress of the 20th of April. The Senate of the United States, after discussion, voted down a substitute preamble to this resolution, offered by the distin guished Senator from Massachusetts, as follows: T h a t t h e s t a t e o f u n r e s t r a in e d v io le n c e a n d a n a r c h y w h ic h e x i s t in M e x ic o , t h e n u m e r o u s u n c h e c k e d a n d u n p u n is h e d m u r d e r s o f A m e r ic a n c it iz e n s a n d t h e s p o li a t i o n o f t h e ir p r o p e r t y in t h a t c o u n t r y , t h e i m p o s s ib il i t y o f s e c u r in g p r o t e c t io n o r r e d r e s s b y d i p lo m a t i c m e t h o d s in t h e a b s e n c e o f la w f u l o r e f f e c t iv e a u t h o r i t y , t h e I n a b ilit y o f M e x ic o t o d is c h a r g e i t s i n t e r n a t io n a l o b l i g a t i o n s , t h e u n p r o v o k e d i n s u l t s a n d in d i g n it i e s in f lic t e d u p o n t h e f la g a n d t h e u n if o r m o f t h e U n i t e d S t a t e s b y t h e a r m e d f o r c e s in o c c u p a t io n o f la r g e p a r t s o f t h e M e x ic a n t e r r i t o r y h a v e b e c o m e in t o le r a b le . T h a t t h e s e l f -r e s p e c t a n d d i g n i t y o f t h e U n i t e d S t a t e s a n d t h e d u t y t o p r o t e c t it s c it iz e n a n d it s i n t e r n a t io n a l r i g h t s r e q u ir e t h a t su c h a c o u r s e be f o llo w e d in M e x ic o b y o u r G o v e r n m e n t a s t o c o m p e l r e s p e c t a n d o b s e r v a n c e o f i t s r ig h t s . Those who voted against the amendment proposed by the Senator from Massachusetts, I feel sure did not question the truth o f the statements in the preamble, but thought it unwise to repeat these grievances for fear that it would lead to imme diate war, as the preamble justified immediate intervention and the President had not recommended intervention. The Govern ment o f the United States had been sincerely endeavoring in true friendship to use its good offices to restore peace in Mexico without resorting to armed force, hoping that Huerta and his associates would consent to hold an honest election and restore constitutional government in Mexico. This hope has utterly failed, and in the meantime a terrific war is being waged by armies of Mexicans fighting for liberty and demanding constitu tion and reform. Mr. President, I voted against the preamble proposed by the Senator from Massachusetts, although I fully recognized the truth of its recitations, because I very greatly desired to have an adjustment of the difficulties in Mexico with as little loss o f life as possible, and I desired to hold up the hands of the President of the United States in his anxious and patriotic purpose to secure the adjustment o f these difficulties peacefully, 44915— 13387 5 if possible. But, Mr. President, I wish that the people of the United States and that the people of the world might know that our seizure of Vera Cruz and our demand of Huerta to salute the flag had behind it the most abundant justification, and I think that the world should know what the conditions are which have confronted us on our immediate borders and which not only have justified our extremely moderate and considerate conduct in this matter but which would now justify the United States in demanding the complete restoration of peace and order in Mexico and the l’eestablisliment of liberty and the actual sovereignty o f the people of Mexico. The wel fare o f the whole world depends upon the establishment of the ideals of the Republic of the United States, of “ constitutional liberty and order and justice between man and man.” The peo ple of the United States do not desire in any degree to control the affairs of the people of Mexico, but I do believe that the people o f the United States very greatly desire the restoration o f liberty, justice, and constitutional self-government in Mex ico, so that the people o f Mexico can enjoy the rights of life and liberty, the pursuit of happiness, and enjoy the fruit of their own labors. The President, in his message to Congress, sa id : We do not desire to control in any degree the affairs of our sister Republic. Our feeling for the people of Mexico is one of deep and genuine friendship, and everything that ws have so far done or re frained from doing has proceeded from our desire to help them, not to hinder or embarrass them. We would not wish even to exercise the good offices of friendship without their welcome or consent. The people of Mexico are entitled to settle their own domestic affairs in their own way and we sincerely desire to respect their right. Mr. President, I .agree with this generous sentiment and I wish we might assist the people o f Mexico to restore orderly government without such enormous destruction o f life and prop erty. At present, in the attempt to establish order, a series of daily bloody battles are in progress, with thousands of men being killed on the battlefields of Torreon. Monterey, Tampico, and so forth. The people of Mexico have no way in which to express their opinion but by battle. They have no elections in Mexico which deserve to be called by the name. The last elec tion, of October 26, 1913, was a willful fraud and a corrupt mockery of the people o f Mexico, engineered by a military oli garchy, directed by Huerta. Secret instructions were sent out from Mexico City Octo ber 22, 1914, in Huerta’s interest to have the votes counted for Huerta and to make the elections void as to the presidency by returning a deficient number o f precincts, which, under the Mexican law. would leave Huerta as provisional President, and this was accomplished under Huerta’s dictatorship. Mr. President, the real difficulty in Mexico is the establish ment of a commercialized military oligarchy, enjoying every form o f privilege and monopoly at the expense o f the rights of the people of Mexico, millions of whom are denied the rights of property, of liberty, and of life itself. Under this heartless organization the wages of the people are not sufficient to sus tain a civilized human being, provide food and shelter, much less provide any opportunity for instruction or for human prog ress. It is the same condition which caused the great French Revolution in 1789. The muraer in Mexico o f American citi zens, and of Englishmen and o f Germans and of Frenchmen and 44915— 13387 (» of Spaniards, and the wholesale robbery and destruction o f property under the lawless conditions which have ensued from this primary cause are merely details of an unavoidable result. The usurpation and violence of Huerta, his insult to our flag and uniform, are details of the egregious crime against hu manity which this commercialized military oligarchy of Huerta and his friends represent The killing of thousands in Mexico City when Huerta treacherously overthrew Madero is only a detail of this criminal system. Mr. President, the remedy for this condition is not from the top down; it is from the bottom up. Liberty, freedom, and equal rights are not bestowed by the powerful few on the many as an act of grace and justice, but are established by the many by the ballot, or, where the ballot is denied, at the point o f the sword. This was done at Runnymede, when the Magna Charta was wrested from the hands o f John. This was done in France, over a hundred years ago, when Louis X VI and Marie Antoinette were dethroned. This was done by the American colonists when we set up the Government of the United States. The common people established liberty in France, in England, and in the United States. And this will be done in Mexico at the cannon’s mouth, by the armies of the common Mexican people demanding the right o f life, liberty, and the pursuit of happiness. My sympathies are with the common people of Mexico. 1 want them to govern themselves, and I desire that the United States shall give a friendly hand to those who seek to establish constitutitnal government in Mexico. They say that Gen. Francisco Villa, leading the constitution alist armies, has been a horse thief, a bandit, a robber, a killer o f men. It may be true, for Villa was only an igno rant, unlearned peon, whose sister was ruined by a Cientifico. Villa, I understand, when 18 years of age, killed the betrayer of his sister, and took to the mountains to save his own life, in a country where the rights of a peon were little better than the rights o f a wolf. The hand of society was against Villa, and Villa made war on society. But Villa, whatever his sins o f the past, is now waging a humane warfare, as he has recently learned it out of a volume given him by an American officer. Villa, at all events, is now demanding the constitution and reform. Villa, at all events, avows his friendship for the United States and its wise policies. Villa, at all events, has taken his own life in his hands and is leading thousands of other common men in the demand for the overthrow of the usurping despot, Huerta, for the overthrow o f the entire system represented by Huerta of a commercialized, military oligarchy, and the establishment o f constitutional government; and in this enterprise I hope for the reestablishment of the constitu tion and honest government, trusting and believing that neither Villa nor Carranza, nor the men fighting with them, will ever stand for the restoration in any other form o f the evil system which they are gladly shedding their blood to terminate. I wish to show that we are justified, not by our own griev ances alone, but by the grievances of Englishmen, Germans, Frenchmen, Spaniards, and above all, perhaps, by the griev ances of the unhappy people of Mexico, whose liberties, whose property rights, and whose lives have been, and are now. at the mercy o f an armed military oligarchy, led by Huerta; that no man’s life is safe in Mexico, that no man’s property is safe 44915— 13387 in Mexico, that no man, whether he be Mexican, American, Englishman, German, Frenchman, or Spaniard, has any safety in his life or his property under the criminal rule of this usurp ing military despot, who has declared himself vested with leg islative, judicial, and executive power over the people o f Mexico. Until Diaz established his military control of Mexico and car ried on a halfway benevolent commercial despotism there were 52 dictators, Presidents, and rulers in 59 years in Mexico. The Encyclopedia Britannica on Mexico, describing the causes of their difficulties, says that the— C A U SE OF T H E P R E S E N T R E V O L U T IO N I S T H E T H E P EO PLE. P R IV IL E G E D C LA SSES V E R SU S It says— Thenceforward, till the second election of Porfirio Diaz to the presi dency in 1884, the history of Mexico is one of almost continuous warfare in which Maximilian’s empire is a mere episode. The conflicts, which may at first sight seem to be merely between rival generals, are seen upon closer examination to be mainly (1) between the privileged classes, i. e., the church and (at times) the army, and the mass of the other civilized population; (2) between Centralists and Federalists, the former being identical with the army, the church, and the sup porters of despotism, while the latter represent the desire for repub licanism and local self-government. On both sides in Mexico there was an element consisting of honest doctrinaires; but rival military leaders exploited the struggles in their ow interest, sometimes taking each side successively; and the insta rn bility was intensified by the extreme poverty of the peasantry, which made the soldiery reluctant to return to civil life, by the absence of a regular middle class, and by the concentration of wealth in a few hands, so that a revolutionary chief was generally sure both of money and of men. But after 1884, under the rule of Diaz, the Federal sys tem continued in name, but it concealed in fact, with great benefit to the nation, a highly centralized administration, very intelligent, and on the whole both popular and successful—a modern form of rational despotism. Porfirio Diaz’s reign was “ popular and successful ” in a certain narrow sense. It exploited the great riches of Mexico, it estab lished many monopolies, it maintained order by killing those who dared resist the unsound system, but it eventuated in the only possible result of glorifying property accumulation and making millionaires on the one hand and on the other hand iu the result of reducing the mass of the people to abject poverty, of preventing the mass o f the people being educated, of prevent ing the mass of the people having a reasonable opportunity to enjoy life, liberty, and the pursuit of happiness. The Diaz regime or system magnified property rights at the expense of and by minimizing human rights. The necessary results of the Diaz system was his flight to avoid assassination and the suc ceeding tragedies we have recently been witnessing. The people of the United States are industrious and kindhearted, with high ideals of liberty and human brotherhood and a resolute purpose not to interfere with the liberty of others The great body of the people of the United States do not wish to acquire the territory now occupied by the Mexican people and do not wish to exercise any political authority over them or their affairs. All men know, Mr. President, that when nations become in volved in the violent excitement o f war, when thousands of men are killed on either side, and tens o f thousands are wounded, and these terrible evils sending grief to homes in every section are exaggerated, there spring up demands for indemnity and reparation that would not be made in moments of more sober re flection. If, therefore, the United States should be impelled by - 44915— 13387 in Mexico, that no man, whether he be Mexican, American, Englishman, German, Frenchman, or Spaniard, has any safety in his life or his property under the criminal rule of this usurp ing military despot, who has declared himself vested with leg islative, judicial, and executive power over the people o f Mexico. Until Diaz established his military control of Mexico and car ried on a halfway benevolent commercial despotism there were 52 dictators, Presidents, and rulers in 59 years in Mexico. The Encyclopedia Britannica on Mexico, describing the causes of their difficulties, says that the— C A U SE OF T H E P R E S E N T R E V O L U T IO N I S T H E T H E P EO PLE. P R IV IL E G E D C LA SSES V E R SU S It says— Thenceforward, till the second election of Porfirio Diaz to the presi dency in 1884, the history of Mexico is one of almost continuous warfare in which Maximilian’s empire is a mere episode. The conflicts, which may at first sight seem to be merely between rival generals, are seen upon closer examination to be mainly (1) between the privileged classes, i. e., the church and (at times) the army, and the mass of the other civilized population; (2) between Centralists and Federalists, the former being identical with the army, the church, and the sup porters of despotism, while the latter represent the desire for repub licanism and local self-government. On both sides in Mexico there was an element consisting of honest doctrinaires; but rival military leaders exploited the struggles in their ow interest, sometimes taking each side successively; and the insta rn bility was intensified by the extreme poverty of the peasantry, which made the soldiery reluctant to return to civil life, by the absence of a regular middle class, and by the concentration of wealth in a few hands, so that a revolutionary chief was generally sure both of money and of men. But after 1884, under the rule of Diaz, the Federal sys tem continued in name, but it concealed in fact, with great benefit to the nation, a highly centralized administration, very intelligent, and on the whole both popular and successful—a modern form of rational despotism. Porfirio Diaz’s reign was “ popular and successful ” in a certain narrow sense. It exploited the great riches o f Mexico, it estab lished many monopolies, it maintained order by killing those who dared resist the unsound system, but it eventuated in the only possible result of glorifying property accumulation and making millionaires on the one hand and on the other hand iu the result o f reducing the mass of the people to abject poverty, of preventing the mass o f the people being educated, of prevent ing the mass of the people having a reasonable opportunity to enjoy life, liberty, and the pursuit of happiness. The Diaz regime or system magnified property rights at the expense of and by minimizing human rights. The necessary results of the Diaz system was his flight to avoid assassination and the suc ceeding tragedies we have recently been witnessing. The people o f the United States are industrious and kindhearted, with high ideals of liberty and human brotherhood and a resolute purpose not to interfere with the liberty of others The great body of the people of the United States do not wish to acquire the territory now occupied by the Mexican people and do not wish to exercise any political authority over them or their affairs. All men know, Mr. President, that when nations become in volved in the violent excitement o f war, when thousands of men are killed on either side, and tens o f thousands are wounded, and these terrible evils sending grief to homes in every section are exaggerated, there spring up demands for indemnity and reparation that would not be made in moments of more sober re flection. If, therefore, the United States should be impelled by - 44915— 13387 8 the unhappy conditions in Mexico to intervene, we should, in my opinion, declare to the world that we will not, under any circumstances, take any of the territory now occupied by Mexico. We should do more than this— we should declare the true, plain, honest motives which inspire the people o f the United States in its present attitude. And these reasons should be such as to fully justify the American Nation before the thought ful opinion o f the people of other civilized nations. The United States is already more than abundantly justified In declaring armed intervention in Mexico, although the Presi dent has not done more than he has deemed necessary to bring about an adjustment with as little force and loss of life as pos sible. I am glad that the authorities of Argentina, Brazil, and Chile have been accepted as mediators between the United States and the military oligarchy which has usurped the right o f sovereignty of the Mexican people, although I am not willing to appear to believe that any agreement with Huerta would have any value whatever unless backed by a cannon or to appear to believe he wishes an honorable adjustment. It must be kept clearly in mind that our difficulty in Mexico is not, in reality, whether or not Victoriano Huerta, who has declared himself dictator at Mexico City, and who is at the head of an organized army, pretending to represent the Mexican people, shall fire 21 guns in salute to our flag. Our difficulty lies much deeper than this. Mexico, under the form of a Republic, established a liberal constitution in 1853, an abstract of which I submit as Exhibit I. It will be observed that this constitution, in Title I, Sec. I, declares “ That in the Republic all are born free,” and yet the Mexican people are enslaved by cruel commercial and political monopoly, and peonage is found everywhere through Mexico. No man is really free in Mexico. This constitution declares that instruction is free, and yet the great masses of the people have had no free instruction. And all of the other assurances and guaranties of the constitu tion have been gradually ignored until no man’s life or prop erty is really safe in Mexico. Fifteen millions o f Mexicans are substantially denied the right of life, liberty, and the pur suit of happiness, and the bloodiest fratricidal strife has ensued from this evil cause. The coustitution, in Title I, Sec. I, guarantees the right of petition, and yet when the House of Delegates of the Congress o f the Republic of Mexico petitioned Huerta for protection of the lives of the members of Congress, he immediately answered this petition by arresting and throwing into the penitentiary all the delegates who so petitioned—110 in number—on Octo ber 9,1913. Title I, section 1, article 13, provides that no one shall be tried according to special laws, or by special tribunals, and yet this military oligarchy had killed and imprisoned thousands, in cluding American citizens and consuls, contrary to the consti tution. In the prison of San Juan de Uluo, at Vera Cruz, our officers found 325 Mexican men imprisoned without trial, with out accusation, by the Huerta military despotism, merely be cause they were unwilling to enlist as soldiers to support this wicked power. All o f the personal guaranties have been ig nored. Article 22 forbids mutilation, torture, yet the San Juan 44915— 13387 9 de Uluo furnishes overwhelming testimony of the violation of this constitutional provision. Article 23 declares the penalty of death abolished for po litical offenses, except treason and murder in the first degree, and yet President Madero, declared elected as the President of the Republic of Mexico, and Vice President Suarez, elected Vice President of the Republic of Mexico, were arrested, their resignations commanded, under the threat o f immediate death, and they were immediately killed, and a false account of the killing published to the world, and no judicial investigation ever held as promised to the diplomats representing all nations of the world. Title I, section 1, article 28, declares that there shall be no monopolies o f any kind, whether governmental or private (in ventions excepted), and yet for the last 40 years one monopo listic concession after another has been granted, giving monop olies innumerable to private persons—monopolies in agricul tural lands, monopolies in grazing lands, monopolies in timber lands, monopolies in oil lands— and it is an open secret that the oil monopolies have given huge sums in substantial bribery of the leading officials of the Mexican Government. Monopoly has become so complete in Mexico that millions of human beings, willing to labor, own no land upon which they may labor. The same cruel and intolerable conditions of land monopoly described by Thomas Jefferson as existing in France immediately before the French Revolution exist in Mexico to day, and make revolution absolutely unavoidable— make revolu tion absolutely inextinguishable until this crime against human life he corrected and the right of human beings to live shall be recognized and provided. The demand of the Zapatistas is for land upon which the peasantry can support life. These condi tions have led to the war by Carranza, Villa, and the constitu tionalists. This was the demand which Russia had to heed with her peasantry—and from which was born “ Nihilism ” and “ An archism.” It is the right o f land to live on that caused the unending revolution of the Irish against their alien landlords and the evil policy of government that tolerated and main tained the system. When all the land is held in the hands of the few, enabling them to dictate the conditions of life upon the millions of people who have no land, enabling them to dictate the political conditions and to seize by force, by fraud, by artifice, and craft the Government powers of the common people of Mexico, and then to use the organized powers of the common people against the common people themselves and against their inter ests, chaos and rujn is the unavoidable consequence. The people o f Mexico are enslaved, yet Title I, Section I, article 39 declares that the sovereignty is in the people, that all public power emanates from the people. And yet, the right of sovereignty of 15,000.000 Mexican people is usurped by Huerta and the military oligarchy that surrounds him. The sover eignty of the people is supposed to be exercised through repre sentatives honestly chosen in fair elections, yet the election on the 26th o f October, 1913, was a mockery. Secret instructions had been sent out from Mexico City to make a false return o f the votes in favor o f Huerta and to make the returns defective in order to throw the presidential office in the hands of the Con gress elected as of that date, the preceding Congress being still 44915—13387----- 2 10 incarcerated in the penitentiary by Huerta’s order. I submit the names of those still confined in the penitentiary November 15, 1913. Members of the Mexican Congress put in the penitentiary by Victoriano Huerta on October 10 for having dared to pass a resolution to investigate the sudden disappearance of Senator Dominguez, of Chiapas, and demanding safeguard o f their own lives by Huerta and still incarcerated on November 13, 1913: 41. Sr. Manuel Antonio. 1. Sr. Guilleiuno Krauss. 42. Sr. Federico Oliveros. 2. Sr. Miguel Santa Cruz. 43. Sr. Faustino Gonzalez. 3. Sr. PrGspero A. Blanco. 44. Sr. JesGs Santilian. 4. Sr. Miguel Campuzano. 45. Sr. Martin Santiago. 5. Sr. Roberto M. Contreras. 46. Sr. Nicolas Basilio. 6. Sr. Salvador Rodriguez. 7. Sr. Juan Palomares Gonzfilez. 47. Sr. Francisco Tolentino. 48. Sr. Guadalupe Mendoza. 8. Sr. Mdnico Rangel. 49. Sr. Manuel Chavez. 9. Sr. Rosallo Anguiano. 50 Sr. Ram6n Pacheco. 10. Sr. Manuel S. Nfiiiez. 51. Sr. Modesto Pacheco. 11. Sr. Alberto Cravioto. 52. Sr. Vincente Canales. 12. Sr. Francisco Lazcano. 53. Sr. Rafael Pacheco. 13. Sr. Juan Urda Avendafio 54. Sr. Pedro Banos. 14. Sr. J. Luz Pena. 55. Sr. Jestis Bafios. 15. Sr. SalomG Torres. 56. Sr. Manuel Martinez, 1st. 16. Sr. Santos Ramirez. 57. Sr. Manuel Martinez, 2d. 17. Sr. Maximiano Galeana 18. Sr. German Malpica 58. Sr. Arcadio Martinez. 59. Sr. Josti Soto. 19. Sr. Ellas Sedano. 20. Sr. Severino Reyes. 60. Sr. Juan San Agustln. 21. Sr. Juan Rosas. 61. Sr. Manual San Agustln. 22. Sr. Jos<5 Antero Garcia. 62. Sr. Rosario Iluerta. 23. Sr. Fernando Erquiaga. 63. Sr. Librado Heredia. 24. Sr. Tadeo Gbmez. 64. Sr. J. Angel Gonzalez. 25. Sr. Antonio Rodriguez Ortiz 65. Sr. Dionisio CarriOn. 26. Sr. Ponciano Ramirez. 66. Sr. Alfonso Castaneda. 27. Sr. Rfimulo Carpio 67. Sr. Adolfo Osorno. 28. Sr. Miguel Millan. 68. Sr. Miguel M. Torres. 29. Sr. David Vallejo. 69. Sr. Liborio Torres. 30. Sr. Antolln Mendtzaba! 70. Sr. Francisco Pineda Rub£n. 31. Sr. Angel Loera. 71. Sr. Francisco Lu (Chino, in32. Sr. Josd Loera. vaiido de una pierna). 33. Sr. Florentino I. L6pez 72. Sr. Jestis Pulido Cfivares (in34. Sr. Juan Barrera. vaiido de las dos piernas). 35. Sr. Nazario Arredondo. 73. Sr. Gabriel Martinez. 36. Sr. Teodomiro Hernandez 74. Sr. Angel Silva. 37. Sr. Manuel Cabrera. 75. Sr. Cosine Davila. 38. Sr. TGofilo Velazquez. 76. Sr. Margarito Balderas. 39. Sr. Pablo Bello. 77. Sr. Fausto Herrero. 40. Sr. Ignacio Garcia. 78. Sr. Salvador Acosta. Many of these men were still in the penitentiary when the United States seized Vera Cruz April 20, 1914. By Title I, section 3, foreigners have the same guaranties of life, liberty, and the possession of property. Yet large num bers of foreigners have been killed without any adjustment or diplomatic settlement being made, and hundreds o f millions of property belonging to foreigners have been impaired, de stroyed, or taken without compensation. * All nations should be patient with another nation torn by civil strife, and where the constituted authorities are doing what they can to establish order and justice; but Huerta’s own evil conduct is the cause of these disorders in Mexico. The constitution o f Mexico divides the powers of government into legislative, executive, and judicial, yet Huerta, on the 10th o f October, 1913, destroyed the legislative branch and threw the Congress in the penitentiary by military force, in vested himself by decree with legislative power and with judicial power, in open and flagrant violation of the constitu tion which he had sworn to support. 44915— 13387 11 Mr. President, Mexico is upon our immediate borders; our boundary line touches Mexico for near 2.000 miles. Upon the invitation of the constitution of Mexico, very many thousands of our citizens, who are entitled to the protection of this Government, entered Mexico and invested hundreds of millions of property. Their property has been despoiled, their lives have been taken without redress, and now they are all fleeing or fled from Mexico for the purpose of saving life itself and we, responsible to them and for them before the whole world, with abundant power to protect them, stand face to face with a military despot whose conduct has made their flight imperative, but whose conduct against them and against us is a mild offense compared to his crime against the com mon people of Mexico, whose Government, such as it was, he overthrew by military force and usurped on the 18tli of Feb ruary, 1913. We all remember, Mr. President, his boastful telegram to President Taft, February 19, 1913, that he had overthrown the Mexican Government. Huerta has been trying to unite behind himself all the revo lutionary forces of Mexico, and in order to accomplish that, he has been trying to force the United States to an invasion of Mexico. He was openly charged with this on the floor of the Mexican Senate by Senator Dominguez, senator from Chiapas, on the 23d of September, 1913. He wished to cause interven tion in a form sufficiently mild that he could use the invasion as an appeal to the patriotism of the Mexican military leaders of all revolutionary factions and secure their cooperation with out having intervention go so far as to capture Mexico City and compel a restoration of order and the reestablishment of the power of the common people of Mexico in the exercise of their acknowledged constitutional sovereignty. He would, how ever, much prefer being a prisoner of the United States than being prisoner of Villa or Zapata, both o f whom have sworn his death for treason. Mr. President, the United States would be justified in inter vening for the purpose o f protecting the rights of life and property of American citizens in Mexico. The United States would be justified in protecting the rights of Englishmen, Ger mans, Frenchmen, and Spaniards, whose Governments look to us for their protection. The United States would be justified, in order to end the bloody fratricidal strife and restore order and peace and constitutional government on our border. Mr. President, the United States has borne repeated injuries week after week, month after month, and year after year await ing diplomatic adjustment, until at last, in lieu of adjusting these immediate grievances which are of record in our Depart ment of State and which 1 shall not pause to enumerate as they would fill a volume of themselves, it finally comes to the point where Huerta, with growing indifference and contempt for the rights of the American people, and in view o f saving his own life by forced American intervention, permits— if he did not instigate— an international insult to the flag and uniform of the United States, and then refused redress under the rules of international law. The world should understand that while the United States regards the insult to its flag and uniform with great gravity and is justified in demanding proper amends for this open 44915—13387 12 affront and indignity before the eyes of the world, neverthe less beyond the flag incident is a long series of grievances which the United States has been trying in vain to adjust by diplo matic process. And the world should understand further that the killing o f our citizens in Mexico, the destruction of the property of our citizens in Mexico, the killing of Germans and Englishmen and Spaniards in Mexico, and the destruction of their property, for whose adjustment the United States is held morally responsible and for which the United States has anx iously desired a settlement as the nearest friend o f the people of Mexico, are all factors in determining the attitude of the people of the United States. The world should remember that this multitude of individual grievances, which has been impossible of adjustment, is due to an unstable condition of government in Mexico; that the unhappy people of Mexico, judged by their own constitution, have no government; that all constitutional guaranties in the country under the military control of Huerta have been over thrown; that the constitution of Mexico has been tranmpled in the dust by military power, by treason, by murder; and that the instances of which we complain—of the murder of our citi zens and of the citizens of other nations and the destruction of their property—will be indefinitely continued until a stable form o f government is established in Mexico. The whole civilized world has a right to complain at the ruinous slavery imposed upon the people o f Mexico by the monopolies which have in vaded Mexico in defiance of the constitution of Mexico—monop olies in land, minerals, timber, water powers, government sup plies, down to monopolies in gambling and female prostitution— granted to a favored few who by bribery and corruption have secured these favors from the dishonest officials who have mis governed Mexico under the form o f a Republic but in sober truth as a commercialized military oligarchy during the last 40 years. This criminal oligarchy has not been content with establish ing a monopoly of all the opportunities of making a living by the labor of men—it has not been content with the commercial slavery of the people of Mexico and reducing them to peonage, but through the commercial and financial power they have established a corrupt political monopoly o f the governing powers which they have concentrated in Mexico City. The power of the sovereign States of Mexico has been invaded, so that Huerta, as the President of Mexico, has not hesitated to set aside governors elected by the people and in their places put military governors. And while title 3 declares the su preme power of the federation as divided for its exercise into legislative, executive, and judicial, and that never can two or more of these powers be united in one person or corporation, nor the legislative power be vested in one individual, Huerta, by his own decree o f October 10, 1913, vested in his one person legislative, executive, and judicial power in flat violation o f the constitution of the people of Mexico. Mr. President, the real basis o f all the difficulties in Mexico is the stealing from the people of Mexico their constitutional rights and retaining the stolen goods by military force. The real difficulty in Mexico is the usurpation of the power o f the common people o f Mexico by a military oligarchy, pretending to represent the people. Under such conditions there is the absolute certainty that no change from one dictator to another 44915— 13387 13 dictator will provide any true remedy so long as the head of this military group, whether Porfirio Diaz. De la Barra, Madero, Lascurain (who was president for a few minutes), or Huerta or the next successful general belonging to Huerta’s group who arrests him and puts him to death will cure the evil in Mexico. The real remedy required in Mexico is to restore to the hands of the people of Mexico their right of self-government, to de mand a secret, honest election system, decentralization of power, restoration to the several States of Mexico of the right to man age their own business in their own way under the constitution of Mexico. A constitutional convention is necessary in Mexico to decentralize its powers and to enable the people to exercise safeguarded self-government and to abolish by law the mo nopolies which have reduced to abject poverty 15.000,000 Mexicans and given stupendous wealth to a few thousand families in Mexico. I have the faith to believe that the people of Mexico will pass the proper laws for their own protection and for the overthrow of monopoly if they are given an opportunity and that they will establish laws based upon economic and political justice, just as the people of France did. It was the fisbwomen of France, it was the peasantry of France, it was the uneducated, unlearned, common herd in France, despised by the nobility of France, who sang the Marseillaise in the streets of Paris, and who deposed Louis and Marie Antoinette and established in France a Government that recognized the great principles o f the French Revolu tion— liberty, equality, fraternity; and the same spirit is in Mexico now. These people are willing to lay down their lives for liberty, and they are sacrificing their lives wholesale, and they must not be despised, I know that there have been those who. observing the mili tary despotism that has been parading in Mexico as a Re public, Insist that the people of that country are ignorant and unpatriotic, but I have no fears for the people of Mexico. But, Mr. President, I remind you and I remind the Senate that this commercialized military oligarchy made every effort to establish an alliance with Japan at a time when we were having difficulty with Japan over the California case. Such an alliance would bring in its train the most serious conse quences for the United States. To permit on our borders such an irresponsible Government as that o f Huerta, controlled merely by corrupt avarice and ambition, cairies with it danger to the welfare of the people of the United States far greater than the danger involved in now throwing Huerta out of power in Mexico. Have we forgotten his invitation to the officers of the Japanese vessel Idzuma, his week of feasting and osten tatious demonstration of excessive affection for the Japanese, at a time when he was stirring the passion and prejudice of the populace of Mexico against the American people? When the people of Mexico really govern Mexico, under con stitutional safeguards, just as our people in the 48 States govern their affairs, there will be no danger whatever from the Mexican Government. They will be our friends, knowing that we are in truth the friends of the Mexican i>eople. Moreover, in intervening in Mexico for the establishment o f peace, for the pacification o f that unhappy country, for the restoration of order, for the reestablishment of liberty and for that purpose 41915—13:187 u alone; when we declare to the people o f the whole world that we have no de.sire to acquire any part o f the territory of Mexico, that we do not wish to govern them, but only wish that they shall have the right in peace, in honor, in dignity, to govern themselves, by choosing their own officials in safe guarded, honest elections, we will do more than make a lasting friend o f the people of Mexico; we will give the most satisfy ing assurances to all of the South American Republics of the uprightness of our purposes. We will thus assure every coun try on the Western Hemisphere that we are moved alone by purposes of unselfish humanity; we will set the standard before the whole world o f a high purpose to maintain the right of life, liberty, and the pursuit of happiness, and to promote the great principle o f the brotherhood of man. Our great Republic is founded on the ideal of human liberty, on the idea of freedom. Over the magnificent entrance of Union Station in our Capi tal, where tens o f thousands pass, is inscribed in granite this noble sentiment: Sweetener of hut and of hall, Brlnger of life out of naught, Freedom, oh ! fairest of all The daughters of time and of thought. On our gold and silver coins, from 1795 to this day, we have stamped the word “ liberty,” and the Goddess of Liberty and the liberty cap and the crowned head of liberty. Our Consti tution bristles with it, and every State and every county and every city and every town and every village and church and every school and home teaches it as the foundation of human safety and happiness and progress. It is the ideal of the Western Hemisphere. On all the coins of the Argentine Repub lic, of Chile, of Colombia, of Ecuador, o f Peru, of Uruguay, of Venezuela, of Bolivia, of Honduras and Guatemala, and Mexico “ liberty,” in some form, is stamped upon the coins and carried in the pockets of the common people and is cherished in their hearts as the highest ideal o f the great Western Hemisphere. Brazil freed her slaves without bloodshed before 1860 be cause of the love of her people for liberty. The people of the Argentine Republic and of Chile erected a statue of Christ, the Prince o f Peace, on their joint border line as a lasting memorial of the peace and brotherhood o f the people of the two Republics. This statue, unveiled March 13. 1904, was cast out of bronze from old cannon belonging to the two countries. The great liberty bell that sounded the cry of liberty on July 4. 1776, recast in 1753 in Philadelphia, bears the prophetic w ords: PROCLAIM LIBERTY THROUGH OCT ALL T H E LAND TO ALL THE IN H A BITA NTS THEREOF. A hundred years later, in 1886, the people o f France who love liberty and who established liberty in France by the French Revolution, presented to the i>eople of the United States the magnificent statue of “ Liberty enlightening the world,” which our people erected on a giant granite pedestal, where it holds out at the entrance of New York Harbor a blazing torch over 300 feet high, where all the world shall see and do honor to “ liberty.” 44915— 13387 Mr. President, the ideals o f all the western hemisphere have been torn down by Huerta and the corrupt commercial forces behind him which created him and of which he is a mere in strumentality. He symbolizes corrupt commercialism, monop oly, concessions unearned, using the property and powers of the common people not for their betterment but to their ruin and the death of liberty. The conditions in Mexico are absolutely unendurable. Our national principles and our national safety are endangered. The welfare of all the North and South American countries would be jeopardized unless liberty and freedom shall be re stored to the people of Mexico under constitutional safeguards. The long triumph of bribery and corruption and military force over the judicial, the legislative, and the executive powers of the unhappy people of Mexico has finally led directly to open treason and the overthrow of even the forms of constitutinal government and iias led to the establishment of an irre sponsible military oligarchy and despotism. Men of great intelligence have been led by avarice and greed and ambition through corrupt processes to monopolize and commercialize the political powers of the people of Mexico through a group of un wise and short-sighted Mexican leaders who have been willing to see the governing powers of the people of Mexico fraudu lently controlled and the great values of the lands of Mexico diverted to private hands through monopoly. Military despotism is now in control of Mexico, with all con stitutional guaranties overthrown. If military revolution is permitted by treason and murder to usurp the governing powers of the people o f Mexico, if freedom is thus destroyed by monopoly in Mexico, if liberty is thus slain before our very eyes that avarice and greed may rule the land through a military despotism, overthrowing the civil law. then, Mr. President, the whole of America is in peril. Powers similar to and to some extent the same that have cor rupted Mexico and destroyed constitutional government are busy in Colombia, in Venezuela, and in some of the other Re publics of North and South America, and the establishment of a military, commercial despotism in Mexico, if successful, would constitute a precedent, the danger of which should not be ignored. I congratulate the world that neither the United States, nor Argentina, nor Brazil, nor Chile recognize the military despot who, by treason, seized the governing power o f the people of Mexico and by fraud has retained it. It is well known that the Government of Porfirio Diaz was a military despotism under the color o f a Republic, yet, in the main, was conducted apparently with a view to developing the resources of Mexico and of protecting life, at least where sub mission was rendered to his Government. Finally, the conditions developed by Porfirio Diaz in estab lishing innumerable monopolies throughout Mexico by conces sion of various kinds led to a state o f unrest and a dangerous revolutionary sentiment that made it necessary for him to leave Mexico and live in Europe. His conduct was practical flight from imminent danger o f revolutionary assassination. He left his successor ad interim— De la Barra—and Madero was elected as an avowed progressive candidate, professing, at 44915— 13387 l r t 10 least, the patriotic purpose of reform. He was elected through the defective electoral machinery of Mexico, but his weak Gov ernment was soon overthrown by the old commercial oligarchy and its secret allies and sympathizers by mutiny and con spiracy. On February 9, 1913, at I o'clock in the morning, Felix Diaz, who had procured a mutiny among the troops of Madero, escaited, by collusion, from the penitentiary and immediately organized an assault on Madero’s Government, with the coop eration of several thousand o f Madero’s troops. Gen. Huerta was in charge of Madero’s troops at the palace, and Gen. Blanquet, at present the right-hand man of Gen. Huerta, was next in importance of Madero s generals. The loyalty of both Huerta and Blanquet was already questioned. De la Barra and Huerta were, on February 10, already in consultation for the purpose of effecting some arrangement, and Diaz was quoted on February 10 as hoping for a good issue from the negotiations being carried on with Gen. Huerta. Blanquet's troops deserted to Diaz. Huerta carried on warfare with Diaz by day and was having secret conferences with his representatives by night. Finally, on February 17, Huerta stated that the plans were fully matured to remove Madero. Blanquet’ s guns were turned toward Chapultepec. Blanquet’s troops were put in charge of the National Palace, and the troops friendly to Madero were put outside of the palace by Huerta, Madero’ s commanding general. On February 18, at 2 p. m., Huerta, the sworn commander of Madero’s troops, had Blanquet arrest his chief, the elected President o f the Republic, Madero. and the Vice President, Suarez, and the entire Cabinet. At the same time Gustavo Madero, the brother o f the President, was arrested and imme diately afterwards killed. On February 15, Pedro Lascurain, secretary of foreign rela tions, appeared iu the ball of the committees o f the Chamber of Deputies of the Congress o f Mexico and falsely represented that the American ambassador had expressed Us positive opinion that 3,000 United States marines would immediately come to the City of Mexico to protect the lives and interests of Americans as well as other foreigners residing there. This was doue iu order to force Madero’s resignation, but Madero refused to resign. The following action was taken in the Mexican Senate: (Appendix No. 1.) S p e c i a l S e s s i o n H e l d F e b r u a r y 15, 1913, i n t h e H a l l o f t h e C h a m b e r o f D e p u t ie s . S enator J uan C. F s id in g . of Com m it t e e s ern an dez, P re * * * Upon the reading of the inserted dispatch being finished, Mr Pedro I.ascurain. secretary of foreign relations, appeared and was granted the floor for the purpose of reporting. Mr. I^ascurain stated that the international situation of Mexico was extremely critical with respect to the United States of America, for telegrams hare been re ceded from Washington conveying the decision of that Government, already being carried out, to send war ships to Mexico territorial waters of the Gulf and of the Pacific, and transports with landing troops. The secretary of foreign relations added that, at 1 o'clock a. m. to day, the United States ambassador had convened in the quarters of the embassy some members of the diplomatic corps to whom he made known the impending arrival of the ships, and his firm and positive opinion that 3,000 marines would come to the city of Mexico In order 44915— 13387 17 (o protect the lives and interests of Americans as well as of other foreigners residing therein. Juan C. F e r n a n d e z , P resid in g S en a tor. R i c a r d o R. G u z m a n , S en a to r and S ec reta ry. Jose M e x ic o , C a s t e l l o t , S en a to r and S ec reta ry. F eb ru a ry 15. 191S. When Huerta arrested the President of Mexico, Madero, he immediately gave out a notice to the Mexican people that he had assumed the executive power, and that he was holding under arrest “ Mr. Francisco I. Madero and his Cabinet,” as follows: N O TICE. In view of the most difficult circumstances through which the nation Is passing, and particularly in recent days, the capital of the Republic, which, through the work of the defective government of Mr. Madero, may well be characterized as being in an almost anarchical situation, I have assumed the executive power and, pending the immediate con vening of the Chambers of the Union, In order to pass upon this present political situation, I am holding under arrest in the National Palace Mr. Francisco I. Madero and his Cabinet, in order that as soon as this point is decided and in an effort to reconcile people's minds during the present historical moments we may all work in behalf of peace, which Is a matter of life or death to the entire nation. Given in the palace of the Executive, on February 18. 1913. V. H uerta , M ilita r y Com m a ndin g G eneral in cha rge o f th e E x e c u t iv e P o w er . At 9.30, February 18, Huerta and Felix Diaz met at the Amer ican Embassy, where the American ambassador cooperated in having them reach an understanding to work together, upon the basis that Huerta should he the provisional President of the Republic, and that Diaz should name the Cabinet, and that thereafter Diaz should have the support of Huerta in being elected as the permanent President. Their agreement was re duced to writing, as follow s: In the city of Mexico, at 9.30 p. m.. of February 18, 1913, Gens. Felix Diaz and Victoriano Huerta met together, the former being assisted by Attorneys Fidencio Hernandez and Rodolfo Reyes and the latter by Lieut. Col. Joaquin Maas and Engineer Enrique Zepeda ; and Gen. Huerta stated that, inasmuch as the situation of Mr. Madero’s government was unsustainable, and in order to avoid further bloodshed and out of feelings of national fraternity, he had made prisoners of said gentleman, his cabinet, and other persons, and that he wished to express his good wishes to Gen. Diaz to the effect that the elements represented by him might fraternize and. all united, save the present distressful situation. Gen. Diaz stated that his movements had had no other object than to serve the national welfare, and that accordingly he was ready to make any sacrifice which might redound to the ben efit of the country. After discussions bad taken place on the subject among all those present, as mentioned above, the following was agreed upon : First. From this time on the executive power which held sway is deemed not to exist and is not recognized, the elements represented by Gens. Diaz and Huerta pledging themselves to prevent by all means any attempt to restore said power. Second. Endeavor will be made as soon as possible to adjust the existing situation under the best possible legal conditions, and Gens. Diaz and Huerta will make every effort to the end that the latter may within 72 hours assume the provisional presidency of the Republic, with the following cabinet: Foreign relations : Lie. Francisco L. de la Barra. Treasury: Toriblo Esquival Obregon. War : Gen. Manuel Mondragon. Fomento: Eng. Alberto Garcia Granados. Justice: Lie. Rodolfo Reyes. Public instruction : Lie. J. Vera Estaiiol. Communications: Eng. David de la Fuente. There shall be created a new ministry, to be charged specially with solving the agrarian problem and matters connected therewith, being called the ministry of agriculture, and the portfolio thereof being in trusted to Lie. Manuel Garza Adalpe. Any modifications which may 44915—13387------3 18 for any reason be decided upon in this cabinet slate shall take place In the same manner in which the slate itself was made up. Third. While the legal situation is being determined and settled Gens. Huerta and Diaz are placed in charge of all elements and author ities of every kind, the exercise whereof may be necessary in order to afford guaranties. Fourth. Gen. Felix Diaz declines the offer to form part of the pro visional cabinet in case Gen. Huerta assumes the Provisional Presi dency, in order that he may remain at liberty to undertake his work along the lines of his compromises with his party at the coming elec tion. which purpose he wishes to express clearly and which is fully understood by the signers. Fifth. Official notice shall immediately be given to the foreign rep resentatives, it being confined to stating to them that the executive power has ceased ; that provision is being made for a legal substitute therefor; that meantime the full authority thereof is vested in Gens. Diaz and Huerta; and that all proper guaranties will be afforded to their respective countrymen. Sixth. All revolutionists shall at once be invited to cease their hostile movements, endeavor being made to reach the necessary set tlements. Gen. V i c t o r i a x o H u e r t a . Gen. F e l i x D i a z . As soon as this agreement was reached, Huerto and Diaz issued the following joint proclamation: [From Mexican Herald.] J O IN T PR O C L A M A T IO N . To th e M ex ica n p eo p le. The unendurable and distressing situation through which the capi tal of the Republic has passed obliged the army, represented by the undersigned, to unite in a sentiment of fraternity to achieve the salvation of the country. In consequence the nation may be at rest; all liberties compatible with order are assured under the responsi bility of the undersigned chiefs, who at once assumed command and administration in so far as is necessary to afford full guarantees to nationals and foreigners, promising that within 72 hours the legal situation will have been duly organized. The army invites the people, on whom it relies, to continue in the noble attitude of respect and moderation which it lias hitherto observed; it also invites all revolutionary factions to unite for the consolidation of national peace. Mexico, February 18, 1913. V. H lerta. F e l ix D ia z . The legislature of the sovereign State of Coahuila, on Feb ruary 19, the very next day, denounced Huerta’s usurpation and directed Gov. Carranza to use the armed forces o f the State in supporting Madero as the constitutional president. On March 24 the Legislature of Sonora denounced the usurpation o f Huerta, and thereafter in succession 10 of the elected governors of the States of Mexico joined the revolution. It is interesting to observe what became of the various gover nors of the various States o f Mexico under Huerta’s usurpation. The following 10 governors were replaced by military governors and all joined the revolution: Gov. Felipe Riveros, of Sinaloa; Gov. Venus Tiano Carranza, o f Coahuila; Gov. Jose M. Maytorena. o f Sonora; Gov. Alberto Fuentes, of the State of Aguascalientes; Gov. Miguel Silva, of Michoacan; Gov. Ramon Rosales, of the State o f Hidalgo; Gov. Inocecio Lugo, of the State o f Guerrero; Gov. J. Castillo Brito, o f the State of Campeche; Gov. A. Camara Vales, of the State o f Yucatan; Gov. Matias Guera, of the State of Tamaulipas; Abraham Gonzalez, governor of Chihuahua, was murdered by Rabago, a major general under Huerta, by tying the governor on the railroad track and slowly backing a yard engine over him to give him a proper realization of the horror of death; Gov. De la Barra went abroad to Paris, France; and Gov. Rafael 44915—13387 19 Zapeda, o f the State of San Luis Potosi, and Gov. Trinidad Alamillo, of the State of Colima, and Gov. Patricio Leyva, of the State of Morelos, were thrown in prison. Gov. Bibiano Villareal, of Neuva Leon, fled the country and went to New York. Gov. Carlos Potani, o f the State of Durango, fled the country and went to San Antonio, Tex. Six of the other governors went to Mexico City, and the governor of Puebla and Tlilaxcala and Queretaro were the only ones who remained at home out o f 28 governors elected by the people. On February 19, 1913, under the duress of the fear o f death and on the promise of the safeguard o f their lives, the Presi dent and Vice President of Mexico signed the following resig nation : In view of the events which have occurred since yesterday in the nation and for its greater tranquility, we formally resign our positions of President and Vice President, respectively, to which we were elected. We protest whatever may be necessary. F r a n c i s c o I. M a d e r o . J M e x ic o C it y , ose M. P in o S u arez. F eb ru a ry 19, 1913. I am informed that this resignation was obtained from Presi dent Madero and Vice President Suarez under the fear of instant death, but was signed by them upon the agreed condition that it should be held by the minister from Chile, a friend of Madero, in escro, until President Madero and Vice President Suarez could And safe asylum on a foreign warship. The agree ment was broken, the resignation used as a basis of having Lascurain, minister of foreign relations under Madero, pro claimed provisional President. He took the oath of office and did not appoint a secretary of foreign relations, but he did appoint Victoriano Huerta secretary o f gobernacion. Huerta took the oath as secretary o f gobernacion. and Lascurain imme diately resigned as provisional President, thus devolving the presidency upon Huerta as next in line, and he took the oath of office before Congress as President o f the Republic. These simultaneous acts, of course—the resignations of the President and Vice President, procured by military force and duress, the resignation o f Lascurain under the same force— can not be re garded as a legitimate conduct of public affairs, the entire pro cedure being void, as treason against the people of Mexico, punishable with death under the constitution and laws of Mexico. On Saturday, February 22—Washington’s birthday— Huerta, as President, had the deposed President Madero and Vice Presi dent Suarez transferred from the National Palace, not to a war ship. where they might escape with their lives, but to the peni tentiary in Mexico City. At 10 o’clock Huerta is alleged to have changed the commandante of the penitentiary, and at 11 o’clock Madero and Suarez were killed. On February 24, 1913, the new minister o f foreign relations, de la Barra, made a report to the members of the diplomatic corps, giving an account of the death of President Madero and Vice President Suarez, and promising the fullest judicial inves tigation, and that minutes of all proceedings should be furnished the diplomatic representatives of the foreign powers, it being commonly believed that Huerta had had these men assassinated, as was afterwards openly charged against Huerta on September 23, 1913, in the Mexican Senate by Senator Dominguez, of Chiapas. 41915— 1:5387 20 The minutes o f the judicial investigation have never been furnished, and the United States has no adequate official in formation except the statement of Huerta made to De la Barra and Senor Garcia 11.30 Saturday night that as Madero and Suarez were being conveyed in an automobile to the peniten tiary they were killed in an exchange of shots between the escort in whose custody they were held and a group of indi viduals unknown who had attempted to rescue them. Huerta had assured Madero and Suarez their safety before using their resignations. He was responsible for their safe guard. Huerta also fully advised, because Madero’s mother and Suarez’s wife had gone to Ambassador Wilson and prayed him to intercede with Huerta to spare the life of Madero and Suarez and to allow them to go to Europe, stating “ that this was the expressed condition attached to their resignation," and Ambassador Wilson made the appeal to Huerta. I am informed that De la Barra advised Huerta that unless he were satisfied the murder of Madero was not at the conniv ance of the Government he would immediately resign with two of his colleagues. It is interesting to see what became of this cabinet, ar ranged in the pact between Huerta and Diaz and whose mem bers had been named by Diaz. Of this cabinet named by Felix Diaz under the pact, the Sec retary of Foreign Affairs, De la Barra, is in France, the Sec retary of Finance, Obregon, is a general in the Constitutional Army making war on Huerta, and recently refused to consider cooperating with the Federal troops against the United States; Rudolph Reyes, of the Department of Justice, has been killed; the Secretary o f Public Instruction, Estannol, has fled to the United States; the Secretary of Communications. De la Fuente, has gone abroad; the Minister of Agriculture. Alvarpe, has re signed; and the Secretary of Fomento, Alberto Gill; the Sec retary o f Interior, Alberto Gienodes; are out of the cabinet and gone. Felix Diaz, who made the pact with Huerta, fled from Mexico for fear of assassination by Huerta’s orders. The American ambassador. Wilson, made a strenuous effort to have Huerta recognized. As dean of the diplomatic corps, he made a speech o f congratulation to Huerta upon his accession to the presidency. He urged our State Department to recognize Huerta. Pie instructed all American consuls to do everything possible to bring about a general acceptance of Huerta, and advised them that Huerta would be immediately recognized by all foreign Governments. On February 24 Ambassador Wilson advised the Government that the Madero incident had pro duced no effect upon the public mind and that Consul Holland had telegraphed that Huerta’s government refused to accept the adhesion o f Gov. Carranza, of Coahuila; was sending troops against him. and that Carranza had evacuated his capital. When the secretary o f the British legation expressed the opinion that his Government would not recognize Huerta on account of the murder of Madero, Ambassador Wilson ex pressed the opinion that it would be a great error, endangering Huerta’s government, upon the safety o f which all foreigners depended. Our ambassador expressed the opinion that Huerta’s government was not privy to the murder o f Madero and Suarez, and that either the occurrence was as stated, or that the death 44915—13387 21 of Madero and Suarez was due to a subordinate military con spiracy, and be was of the opinion also that the murder of Madero and Suarez, as two Mexicans relegated to private life by their resignations, should arouse no greater expressions of popular disapproval in the United States than the murder, unrequited by justice, of some 75 or 80 Americans in Mexico during the preceding two years. Our ambassador ceased to be an acceptable medium of com munication between President Wilson and the authorities of Mexico, and for this reason his resignation was accepted. Huerta’s usurpation of the governing powers of the people of Mexico, his military revolution, overthrowing the Presi dent and Vice President o f Mexico and bringing about the im mediate death of these officers elected by the Mexican people, was not approved by a large part of the people of Mexico, who, however, were, for the most part, intimidated by the military power of Huerta and by the bloodthirsty disposition shown by him and by his military clique. Huerta is the product of his environment. He had, since his boyhood, been the witness of the killing by military order of citizens who proved obnoxious to the government of Porfirio Diaz. I have no doubt that Huerta regards such conduct as entirely justifiable. There are those in the United States in sympathy with Huerta and his military commercial despotism controlling Mexico, who say that no other kind o f government is possible in Mexico except a military despotism. Against this cruel, unwise, unjust conception, I enter my solemn protest, and I declare it to be my profound belief that the people o f Mexico are, in the main, an industrious, worthy, honest, good-hearted people, who would like to be at peace with the world, and who would rejoice in a stable government under constitutional guaranties, and that they have abundant intelli gence to carry it out if they can be freed from the despotism now in control of their government. No man. who has observed the sacrifices which are being made by the people of Mexico in trying to restore constitutional government, should deny their attachment to liberty and the constitutional law. No man, who looks at the record of the elected governors of the states of Mexico, who might have bought their peace by subserviency of Huerta, who witnessed the brave and upright conduct o f the Mexican congressmen imprisoned by Huerta, the brave conduct of Senator Dominguez in speaking the truth at the cost of life and the enormous sacrifices now being made by the Mexicans on the field of battle, should doubt the attitude of the i>eople of Mexico. The people of Mexico have in them the Divine spark, they have been taught the Christian virtues and they have the same natural affections and passions as other people o f like blood. They have had no fair chance. Mr. President, the governors of Mexico were not the only ones to express their hostility, to the active usurpation by Huerta. Various members of Congress in Mexico expressed their disapproval of Huerta’s conduct, and representing, as they did, the people o f Mexico, and even more particularly those who were the beneficiaries of the monopolistic system of Mexico, nevertheless showed were not willing to have the constitutional guaranties overthrown. The cruelty and unlawful violence of the government of Huerta was shown by the methods pursued 44915— 13387 against them. A few instances of which I think should be enumerated. For instance, a member of Congress, Serapia Arendon, hav ing expressed his lack of sympathy with the Huerta regime, was warned in several ways that his life was in great jeop ardy, and on the night of the 22d of August, 1913, he was sud denly seized, rushed in an automobile to the Thanepantla Bar racks, where some shots were heard, and he has never been seen since. The condition being intolerable, a member of the Senate of Mexico, Senator Belisariyo Domingues, representing the State of Chiapas, finally made up his mind to do his duty by de nouncing this usurpation and treason, knowing that it would cost him his life. It is reported that lie made his will, bade his family farewell, and on the 23d of September delivered in writing a speech in the Senate of Mexico. The president of the Senate refused to allow his speech to be delivered, but could not prevent its being made a part o f the record. I shall read that speech: S ep t. 23, 1913. A d d ress o f B eiisa rio D o m in q u ez, S en a to r fro m th e S o v er eig n S ta te o f C hiapas to th e S en a te o f th e R ep u b lic o f M ex ico . Mr. President of the Senate: The matter being of urgent interest for the welfare of the country, I am compelled to set aside the usual formulas and to ask you please to begin this session by taking cog nizance of this sheet and making it known at once to the honorable members of the Senate. Gentlemen: You nil have read with deep interest the message preented by Don Victoriano Huerta to the Congress of the Union on the 16th instant. There is no doubt, gentlemen, that you as well as myself felt indig nant in the face of the accumulation of falsities contained in that document. Whom does that message aim to deceive, gentlemen? The Congress of the Union? No, gentlemen; all its members are cultured persons who take an interest in politics, who are in touch with events in this country, and who can not be deceived on the subject. Is it the Mexican Nation that is to be deceived? Is it this noble country which, trusting in your honesty, has placed in your hands her most sacred interests? What must the National Assembly do in this case? It must respond promptly to the trust and confidence of the nation which has honored this body with her representation, and it must let her know the truth and so prevent her falling into the abyss which is opening at her feet. The truth is this: During the reign of Don Victoriano Huerta not only has nothing been done in favor of the pacification of the country, but the present condition of the Mexican Republic is infinitely worse than ever before. The revolution is spreading everywhere. Many na tions, formerly good friends of Mexico, now refuse to recognize this Gov ernment, since it is an illegal one. Our coin is depreciated, our credit in the throes of agony. The whole press of the Republic, either muzzled or shamelessly sold to the Government, systematically conceals the truth. Our fields are abandoned. Many towns have been destroyed, and, lastly, famine and misery in all its forms threaten to spread throughout our unhappy country. What is the cause of such a‘wretched situation ? First, and above anything else, this condition is due to the fact that the Mexican people can not submit and yield to and accept as President of the Republic the soldier who snatched the power by means of a treason and whose first act on rising to the Presidency was to assassi nate in the most cowardly manner the President and Vice President legally consecrated by the popular vote, and the first of these two men. he who promoted and gave position to Don Victoriano Huerta and covered him with honors, was the man to whom Victoriano Huerta pub licly swore loyalty and faithfulness. In the second place, this situation is the result of the means adopted by Don Victoriano Huerta and which he has been employing in order to obtain the pacification of the country. You know what these means are; nothing but extermination, death for all the men. all the families, all the towns which do not sympathize with his Government. Peace will be made at any cost whatever, said Don Victoriano Huerta. Have you studied, gentlemen, the terrible meaning of these words of 44915—13387 23 the egotistical, ferocious man. Don V ictoriano H uerta? They mean that he is ready to shed all the Mexican blood, to cover with corpses the whole surface o f the national territory, to convert our country into one immense ruin, so that he may not leave the presidential chair, nor shed a single drop o f his own blood. In his insane anxiety to keep the post o f President— I ask the Senate to listen to this— In his insane anxiety to keep the post o f President, V ictoriano Huerta is com m itting a new infam y. He is provoking an inter national conflict with the United States o f America. Where was that said? On the floor of the Mexican senate, by a Mexican senator who had made his will, had made his peace with God, had bid farewell to his family, knowing that he would go to his immediate death. The Senate o f the United States wants to observe these words and hear where they come from—from the senator from Chiapas, Belisario Dominguez, who was immediately killed, who knew that he would be killed, and who was willing to die to have the right to speak the truth in the cause o f humanity, and of justice, and of Mexico. In his insane anxiety to keep the post o f President Victoriano Huerta is com m itting a new infam y. lie is provoking an international conflict with the United States o f America, a conflict, in which, if it is to be solved by fighting, all surviving M exicans would participate, giving stoically the last drop o f their blood, giving their lives— all save Don V ictoriano Huerta and Don Aureliano B lan qu et; because these disgraced ones are stained with the blot o f treason, and the nation and the army will repudiate them when the time comes. It seems as if our ruin were unavoidable, for Don V ictoriano Huerta has taken hold o f power in such a way. in order to insure the triumph o f his candidacy to the Presidency o f the Republic in the elections to be held October 2G. that he has not hesitated to violate the sovereignty o f the greater part o f the States, deposing the legally elected constitu tional governors and supplanting them with m ilitary governors who will take good care to cheat the people by means o f ridiculous and criminal farces. And so they did cheat the people by elections that were crimi nal under the order of Huerta, an order which I shall presently read into the R ecord. However, gentlemen, a supreme effort might save everything. Let the national assembly fulfill its duty and the nation is saved, and she will rise up and become greater, stronger, more beautiful than ever. The national assembly has the duty o f deposing Don Victoriano Huerta from the Presidency He Is the one against whom our brothers, up in arms in the North, protest, and. consequently, he is the one least able to carry out the pacification which is the supreme desire o f all Mexicans. You will tel' me, gentlemen, that the attem pt is d an gerou s; for Don V ictcriano Huerta is a bloodthirsty and ferocious soldier who assassi nates anyone whc is an obstacle to his w ish es; but this should not matter, gentlemen. The country exacts from you the fulfillment o f a duty, though there is the risk, the certainty, that you will lose your lives. Is this man without patriotism? Is this man without love of country? Is this man without love of justice and righteous ness in government, when he makes his appeal to the Mexi can Senate? Shall we despise a people capable of such a sacri fice as this great senator who died in the performance o f duty deliberately? He sa id : If, in your anxiety to see peace reigning again in the Republic, you com m itted a mistake and put faith in the false words o f the man who promised to pacify the Republic, to-day, when you see clearly that this man is an imposter, a wicked inept who is fast pushing the nation toward ruin, will you, fo r fear o f death, permit such a man to continue to wield pow er? Reflect, gentlemen, meditate, and reply to this query. W hat would be said o f those on a vessel who, during a violent storm on a treacherous sea, would appoint as pilot a butcher who had no 44915— 13387 24 nautical knowledge, who was on his first sea trip, and who had no other recommendation to the post than the fa ct o f his having betrayed and assassinated the captain o f the vessel? Your duty is unalterable, ineludible, gentlemen, and the nation ex pects o f you its fulfillment. This first duty discharged, it will be easy for the National Assembly to fulfill others derived from it, asking all revolutionary chiefs to stop all active hostilities and to appoint their delegates in order that by general accord the President be elected who is to call for presi dential elections, and who is to use care that these be carried out in all legality. The world is looking on us, gentlemen, members of the National Assembly, and the nation hopes that you will honor her before the world, saving her from the shame o f having as first magistrate a traitor and an assassin. (Signed) D r . B. D o m i n g u e z , S en a to r f o r C h ia p a s . Immediately afterwards, Senator Belisaryo Dominguez sud denly and mysteriously disappeared and was reported to have been killed. On October 9th, the Chamber of Deputies of the Congress of Mexico passed the following resolution: (1 ) T hat a commission form ed o f three deputies be appointed for the purpose o f making all necessary investigations to find out where Senator Belisaryo Dominguez is and that it be empowered with all the facilities which it deems necessary for the m atter in hand. (2 ) That the senate be invited to appoint a commission for the same object. (3 ) The commission o f the Camara will propose what may be necessary in view o f the result o f the investigation. (4 ) That this m otion be comm unicated to the executive so that he may impart whatever aid may be necessary to the commission or commissions, as the case may be, making known to him that the national representation places the lives o f the deputies and senators under the protection of said executive who has at his disposition the necessary elements tc enforce the im munity which the constitution authorizes to those functionaries. (5 ) That said executive be inform ed that in case the disappearance o f another deputy or senator occurs and the national representation will be obliged to celebrate its session where it may find guarantees. Immediately afterwards, on October 10, in the afternoon. Huerta’s minister of gobernacion appeared in the chamber and demanded a reconsideration of these resolutions. The presi dent of the Chamber of Deputies arose and adjourned the chamber, whereupon 110 deputies present were arrested by Huerta's soldiers and sent to the penitentiary. Huerta had all the exits barred and appeared in person before the Congress to enforce his demand, and his demand, in spite of his bloody character and crnel power, was not acceded to by the Mexican Congress. Huerta immediately published a decree declaring the Congress dissolved and without further power and immediately declared the judicial and legislative power vested in himself and that the constitutional guaranties against arrest o f mem bers of Congress were suspended. These decrees were signed by him as of October 11, but were put into effect October 10, as follow s: Victorlano Huerta, constitutional President ad interim o f the M exi can United States, to its inhabitants makes known that the Chamber o f Deputies and Senators o f the Tw enty-sixth Legislature having been dissolved and inhabilitated from exercising their functions and until the people elect new m agistrates who shall take over the legislative powers, and in the belief that the Government should count on all the necessary faculties to face the situation and to reestablish the con stitutional order o f things in the shortest possible time as is its pur pose since October 26 has been set as a date fo r elections for deputies and senators, has seen fit to decree that articles o f decree. A rticle O ne. The judicial power o f the federation shall continue in Its functions within the lim its set by the constitution o f the Republic 44915— 13387 25 and the decree o f the executive o f October 10 o f this month and such others as shall be issued by him. A rticle T w o . The executive power o f the union conserves the pow ers conferred upon him by the constitution and assumes furtherm ore the departments o f gobernacion, hacienda, and war only for the time absolutely necessary for the reestablishment o f the legislative power, in the meantime the executive takes upon him self the powers granted the legislative power by the constitution in the aforem entioned de partm ents and w ill make use o f them by issuing decrees which shall be observed generally and which he may deem expedient for the public welfare. A rticle T h ree . The executive o f the union will render an account to the legislative power o f the use which he makes o f the powers which he assumes by means o f this decree as soon as this is in fu n c tion. W herefore, I order that this be printed, published, and given due fulfillment. Given at the National Palace o f Mexico, October 11, 1913. (Signed) V. H uerta . V ictoriano Huerta, constitutional president ad interim o f the M exi can United States, to its inhabitants makes known that in view o f the fa ct that the Chamber o f Deputies and Senators of the Congress o f the union have been dissolved and inhabilitated to perform their fu n c tions, and in view o f the powers which I hold in the Department of Gobernacion according to the decree o f October 11 o f this year, I have seen fit to decree that article 1 , the constitutional exemption from arrest and ju dicial action which the citizens which form ed the Twentysixth Congress o f the union enjoyed in view o f their functions, is hereby repealed and consequently they are subject to the jurisdiction o f the tribunals corresponding to the case in the event that they are guilty o f any crime or offense. W herefore 1 order that this be printed, published, and duly fulfilled. Given at the National Palace in Mexico October 11, 1913. (Signed) V. H uerta . On October 11 the entire diplomatic corps was received by the minister of foreign affairs, who advised them that while the act of Huerta’s Government was unconstitutional, still that the Government had become impossible with the Chamber as at pres ent constituted. The Spanish minister, at an hour after mid night, October 10, called on Nelson O'Shaughnessy, the Ameri can charge d ’affaires, and they went together and demanded guaranties of the minister of foreign affairs for the lives of thearrested Congressmen. What a spectacle before the civilized world is this midnight visit to prevent wholesale assassination! The promise was given, but only a list of 84 was presented as those in prison. What became of the 24 others arrested I do not know, but I should like to know. On October 13 Huerta charged the members of Congress with sedition and treason, and stated that they should be tried. Huerta’s secretary informed O’Shaughnessy that most of the deputies arrested had been set at liberty, but in point of fact they acknowledged having 84 of the 110 arrested in the peniten tiary at midnight, October 10, and on November 13, 1913, the members of Congress whose names 1 have already given were recorded still in the penitentiary, and many o f them were still in the penitentiary when we took Vera Cruz. The President of the United States had refused to recognize Huerta for the reasons well known, and had been urging a new election so that the people of Mexico, even under the defective election law, might choose a successor to Huerta. On October 10, 1913, when Huerta had put the Mexican Con gress in the penitentiary, he issued a decree for the election, on October 26, of a new Congress and of a President. On October 14, 1913, he issued the following decree, modifying the election laws to make the corrupt control of the election absolutely certain, putting the power in the hands o f his iu4 491 5— 13387 ■■■■h m h h b b strum ents. I ask perm ission to pu t the d ecree in to the R ecord w ith ou t reading. Mr. SHAFROTH. I wish the Senator from Oklahoma would read the order which he says Huerta issued setting aside the election laws. Mr. OWEN. The first order issued was this: Victoriano Huerta, constitutional President ad interim o f the Mexi can United States, to its inhabitants makes known that the Chamber o f Deputies and Senators o f the 26th legislature having been dissolved and inhabilitated from exercising their functions, and until the people elect new m agistrates who shall take over the legislative powers, and in the belief that the Government should count on all the necessary faculties to face the situation and to reestablish the constitutional order o f things in the shortest possible time, as is its purpose, since October 26 has been set as a date for elections for deputies and sena tors, has seen fit to decree that articles o f decree. A r t ic l e o n e . The ju dicial power o f the federation shall continue in its functions within the limits set by the constitution o f the Republic and the decree o f the Executive o f October 10 o f this month and such others as shall be issued by him. A rticle tw o . The executive power o f the Union conserves the pow ers conferred upon him by the constitution and assumes, furtherm ore, the departments o f gobernacion, hacienda, and war only for the time absolutely necessary fo r the reestablishment o f the legislative power. In the meantime the Executive takes upon him self the powers granted the legislative power by the constitution in the aforem entioned de partments and will make use o f them by issuing decrees, which shall be observed generally and which he may deem expedient fo r the public welfare. A r t ic l e t h r e e . The E xecutive o f the Union will render an account to the legislative power o f the use which he makes o f the powers which he assumes by means o f this decree as soon as this is in function. W herefore I order that this be printed, published, and given due fu l fillment. At the same time he issued a decree declaring that the right of safety and immunity from arrest o f members of congress was set aside and abrogated and, as I have stated, put the whole congress in the penitentiary. He ja y s: I have seen fit to decree that article 1 , the constitutional exemption from arrest and judicial action which the citizens w hich form ed the twenty-sixth congress o f the union enjoyed in view o f their functions, is hereby repealed. Mr. SHAFROTH. And yet some people want such a man recognized as the president of Mexico? Mr. OWEN. Oh, yes; some people want him recognized. I do not know why. I suppose they do not know about him, but I thought it well enough to let the people of this country know something about Huerta. For that reason I have thought proper to present these various documents, showing his con duct as the alleged head of the Mexican Government Here is the decree which he issued as to the election laws, putting the power in the hands of his military governors and jefe politicos that they might be able to make false returns of the elections: V ictoriano Huerta, C onstitutional President ad interim o f the United Mexican States, to the inhabitants th e r e o f: Know ye. that to the end that the extraordinary elections o f senators and deputies to the Con gress o f the Union, convoked by decree under date o f the 10th instant, be carried out with all regularity, I have seen fit to decree the fol lowing : “ A rticle 1. In accordance with article 5 o f the decree o f the 10th instant, the extraordinary elections o f deputies and senators will be subject to the conditions o f the electoral law o f December 19, 1911, with the additions and m odifications which follow . “ A rt . 2. The elections shall be bv direct v o t e ; they shall be held at the same time as those for president and vice president o f the Re public ; the same electoral divisions shall serve for them as were form ed under the law to that effect o f the 31st o f May last, and the same designation o f polling officials and scrutinizers which was made 44915— 13387 under the provisions o f the same law shall subsist. Candidates must register. “A rt. 3. The registration o f the candidates provided for in article 6S o f the electoral law o f December 19, 1911, shall be carried out before the 2 0 th o f this month, and the handing over o f credentials which is ordered in the same article, as well as the designation of representa tives o f parties or candidates, shall he complied with at the same time these latter are inscribed. A rticle 4. The voting shall be subject to the terms o f the electoral law o f December 19, 1911, and in accord with the follow in g ru les: New polling regulations. “ 1. The polling official shall hand to each voter, in addition to the lists which correspond to the election o f Presi dent and Vice President o f the Republic, the various lists for the cast ing o f votes for deputies and senators and shall proceed to collect the votes in urns or boxes which shall be separate and distinctly marked, one for the election o f President and Vice President, another for the election o f deputies, and a third for the election o f senators. Second. When the polls are closed definitely, the total count o f the votes cast fo r President and Vice President shall be made in accordance with the law o f the 31st o f last May, and afterwards the count shall be made o f the votes for deputies and senators, respectively, the result of the latter being made known in separate documents, which shall be re mitted, together with the designation o f the electoral district and the voting slips to the highest authority residing in the place designated as capital (cabecera) o f the electoral district (that is, to his m ilitary gov ern ors), and if there be no cabecera they shall be turned over to the highest m unicipal authority. Juntas to count ballots. Third. The count o f the votes cast in each electoral district shall be made by a junta form ed by the highest political authority to which the foregoing fraction refers, or in default o f him by the first m unicipal authority and by two councilm en (con cajalesi named by the ayuntam iento o f the cabecera o f the electoral district. The default o f any of the members o f this junta shall be made good by the regideres o f the ayuntamiento, according to the order o f their enumeration, and in de fault o f these, by those who will have held such position the preceding year, according to their enumeration. The designation of the tw o coun cilmen who are to form part o f the junta shall be made by the ayuntamientos in public session and by secret ballot on Thursday the 23d of the present month. Jefe P olitico to preside. Fourth. The junta shall assemble in junta shall be made by the ayuntamiente on Sunday, the 26th o f the present month, at 6 o'clock in the evening, being presided over by the jefe politico, and in his absence by the highest municipal authority. It shall designate secre tary from among its members and shall commission another o f its members to examine the returns as they be received, and the ju nta shall reassemble on the 2d day o f November next to make the count, after the rendering o f the report which the commission shall present. Fifth. The junta shall abstain from making any remarks respecting the defects which affect the votes cast or those which may be alleged by the parties or candidates registered, and shall lim it itself to mak ing them known in its minutes, so that they may be passed upon defi nitely by the Chamber o f Deputies or by the corresponding legislature, according to whether it is a matter o f election o f deputies or senators. Credentials in quadruplicate. Sixth. A fter the count has been made o f votes cast, the deputies proprietory and substitute shall be declared elected and the number of votes cast for each one o f the candidates for senator proprietory and substitute shall be declared and the corresponding reports shall be made. The report in regard to deputies shall be made in four c o p ie s ; one shall be sent to the Chamber o f Deputies, together with all the elec tion documents and vote certifica tes; another copy shall be sent to the M inistry o f Gobernacion : and the other two shall be remitted to the citizens elected deputy proprietory and substitute, respectively, so that they may serve as credentials. The report o f the election o f senators shall be made in three copies, one o f which shall be sent to the Senate, one to the M inistry o f Gobernacion. and the third to the Legislature o f the State, that that body may make its declaration relative to the election o f senators proprietory and substitute. To report before Novem ber 1 0 . Seventh. The junta shall make its report as soon as it shall have re ceived those o f all the m unicipalities o f the electoral district or a report to the effect that the elections were not held, but in any case it must present its report by the 10th o f next November. The result o f the count made by the junta shall be published immediately after its session shall have adjourned on the doors o f the m unicipal palace and as soon as possible thereafter in the official organ o f the correspond ing federative entity. 44915— 13387 •28 A r t . 5. The juntas fo r exam ining the votes shall make their counts strictly in accordance with the reports from the various booths and abstain from making any comment on the votes emitted, under pain of a $200 fine for each member o f the ju nta who violates this rule. The respective chamber or legislature, as the case may be, w ill hand over to the respective judges o f the district any violators of this law, so that the fine aforesaid may be duly enforced. Therefore, I order that be printed, published, and duly carried out. Given in the National Palace o f Mexico, October 12, 1913. (Signed) V. P. H derta . On October 22 there were sent out private instructions to the governors of various States instructing them in effect to make false returns in Huerta’s interest, and to make sure that the election of President would be void by returning an insufficient number of precincts, as follow s: P R IV A T E IN S T R U C T IO N S FR O M TH E FED ER A L. G O V ERN M EN T TO G EN . J O A Q U IN M A A S, M I L I T A R Y G O VERNO R O F T H E S T A T E O F P U E B L A , TO T H E E N D T H A T H E M A Y T R A N S M I T T H E S A M E T O T H E J E F E S P O L IT IC O S O F T H E STA TE . First. I f any municipal president has entered into agreements with any o f the m ilitant political parties his removal from office shall be discreetly sought, and in the case it should not be possible, cautious efforts shall be made to secure complete solidarity between said presidents and the jefes politicos. Second. It is especially recommended that the persons in charge o f the polls should be com pletely and absolutely reliable, so that they may follow the instructions given to them. Third. I f there should be sufficient time for it, strict orders should be given that polls for rural estates should not be established in the seat o f the m unicipality or town, but in the estates themselves o f the electoral division, this for the purpose o f avoiding the attend ance o f those who are to take charge o f the polls, the principal object being to prevent the elections in two-thirds, plus one. o f the polls constituting the district. Therefore the greatest number o f polls shall be -----------. T o meet the provisions of the law and conceal the above-mentioned commission, a complete list should be published, g iv ing the names o f the persons who are to have charge o f the polls in accordance with article 13 o f the electoral law o f May 31, 1913, it being understood that only the appointments corresponding to the third part or less shall be sent to the sections, among which are to be included the polls in the urban wards. Fourth. In all the polls which may operate blank tickets shall be made use o f in order that the absolute m ajority o f the votes may be cast in fa vor o f Gen. Huerta for President and Gen. Blanquet for Vice President. F ifth. In spite o f the fa ct that article 31 provides that the returns should be at once and directly sent to the chamber o f deputies, the chairman o f the polls shall be instructed that the returns be sent to the political prefecture, which returns shall be quickly examined by the jefe politico, and if the same are found to lie in accordance with the instructions given therein, he shall return them to the chairman, in form ing them that they must send them directly to the chamber of deputies. I f upon making the exam ination it should appear that the third part o f the polls have not acted right, they shall fail to send the number o f returns that may be necessary to the end that the chamber o f deputies may receive only one-third or less o f the total. Sixth. Political parties and citizens shall tie given full freedom in the polls which may operate, allow ing them to make all kinds o f pro tests, provided they refer to votes in fa vor o f any o f the candidates appearing before the p eople; but care shall be taken that such protests do not refer to the votes mentioned in paragraph 4 o f these instructions. Seventh. If upon exam ining the returns the jefes p oliticos should find that the votes do not agree with the instructions, before sending them they should fix them up to the end that the note o f transm is sion, the minutes o f the election, etc., should attree with the in structions. , . _ Eighth. Persons shall be chosen who may inspire absolute confidence and may be well versed in the electoral law to make a quiet and re served inspection o f the polls which may be in operation and to pre sent before them all sorts o f protests, in accordance with article 30 o f the electoral law. it being understood that all protests should refer to the fandidates who may lie In the field, but -never in regard to votes mentioned in paragraph 4. 44915— 13387 29 Ninth. After elections they shall make a quick concentration o f the polls which were in operation and shall communicate this inform ation to the Government if possible on the same day and in cipher and by special courier. Tenth. Under their most strict responsibility the governor o f a State who may receive these instructions shall comply with them under the penalty o f discharge o f office and other punishment which the Federal Government may see fit to apply. M exico , O c to b er 22, 191S. By October 15 it bad become obvious’ and the representatives of nearly all of the powers except Great Britain had reached the point where they considered armed intervention by the United States as practically inevitable. It was already obvious that Huerta would not permit Diaz to stand as a candidate for the Presidency, notwithstanding his agreement with him of Feb ruary 18, 1913. Diaz had named the cabinet, it is true, but the cabinet was set aside one by one, and Diaz was instructed to go to Japan and then to Europe and finally dared not to return to Mexico, but receiving a command from Huerta to return to Mexico to resume his post in the army, Diaz came to Vera Cruz, was put under instant surveillance by Huerta’s forces, but, by a skill ful maneuver, fled by night to a warship and saved his life; he profoundly believed that he was on the point of being assas sinated and did flee by night just before the election, and is now in the United States. On October 23 Huerta advised the diplomatic corps of Mexico City that he had dissolved the Congress of Mexico, because it was disloyal and revolutionary, 50 deputies having joined the revolutionists. He stated that he was not a candi date for the presidential office; that votes for him would be null and void, even if a majority of votes were cast for him: that he would not accept the Presidency, not only because the constitution prohibited him, but because lie had given public promise to the contrary, and he requested the diplomats to give these solemn assurances to their respective countries. Immediately before the election of October 26 the country was flooded with circulars urging the people to vote for Huerta for President. The circulars were as big as the door o f the Senate Chamber, urging people to vote for this man who said he was not running for the Presidency. Immediately after the election, on October 27, Huerta’s minister of gobernacion pub licly announced that the election returns from Puebla, San Luis Potosi, showed a “ landslide” for Huerta and Blanquette. Mr. THOMAS. It was a case o f the office seeking the man? Mr. OWEN. Yes. the office sought the man; he could not escape it. Huerta then issued an intimidating decree to raise the army to 150,000 men, a decree which he could not carry out. On November 20, 1913, the newly elected Mexican Congress convened. Huerta addressed them and they replied with assur ances o f patriotism, etc., and on December 10, the grand com mittee of Congress solemnly reported to Huerta that of 14,425 voting precincts, only 7,157 reported, and hence that there had been no election o f a president, under article 42, clause 3, of the constitution of Mexico. This result (a result which Huerta had carefully planned, as I have explained, by modifying the election laws, and then giving secret instructions to his military governors) they elaborately explained to Huerta, could be accounted for first, because a part of the territory was in 44915—13387 revolution, and second, because a part of the territory was near tbe revolutionary country, and third, that where the terri tory was under Huerta’s control the people had not voted for “ reasons o f a general nature.” They recommended that Huerta continue as President until a lawful election at some future time when Congress should issue the necessary declaration. I sumbit Exhibit 4, a memorial o f a committee of the people of Pueblo and Tlaxcala and addressed to John Lind, showing a very interesting Mexican point of view. I omit names for obvious reasons. Mr. President, I have thought proper to put into the Record the documents showing the conduct of this man, because I do not think the people o f the United States sufficiently under stand the facts relating to our occupation of Vera Cruz. We are there primarily because of what might be called the straw that broke the camel’s back, the open and flagrant insult before the nations o f the world of our flag and of our uniform by the arrest of our unarmed men and parading them through the streets o f Tampico in derision, and then refusing to make the amends required by international law. I believe that Senator Dominguez stated the truth when at the cost of his life he charged Huerta with the purpose of bringing about a conflict with the United States. And what was the purpose o f bringing about a conflict with the United States? It was to save his precious neck, because Zapata, with thousands of armed men on the south, had sworn to kill Huerta for treason and murder, and Villa, with more thousands o f armed men on the north, had sworn to take Huerta’s life for treason to Mexico. So there is only one safe place for Huerta, and that is under our flag, that would perhaps have mercy on this miser able wretch, who deserves to be overthrown by his own people and punished by his own people for his crimes against them. Mr. WEEKS. Mr. President, before the Senator takes his seat, I should like to ask him if he thinks that the statement he has just made will be an aid to the mediators in their labors? Mr. OWEN. I will say, Mr. President, that I do not think the mediators will be able to accomplish anything with a man like Huerta. I will say further, however, that the history which I have put in the Record here this afternoon in regard to this man whom we have not recognized, and ought not to recognize, will in no wise affect the question of mediation. The mediators will deal with the questions that are laid before them, but the people of the United States ought to know what manner of man this is that our Government has refused to recognize, and I feel justified in giving the reasons for that refusal. E x h ib i t 1. Co n stitu tion op th e R epublic of M e xic o , 1853, A bstract R odri quez ' s E d it io n . T itle I, S ection 1.— R i g h t s o f m a n . A rticle 2. In a Republic all are born free. A rt . 3. Instruction is free. A rt . 4. Every man is free to engage in any profession, pursuit, or occupation, and avail him self o f its products. A rt . 5. (Am ended by law o f Sept. 25, 1873.) No one shall be com pelled to do personal work w ithout com pensation and w ithout his full consent. A rt . 7. (Am ended by law o f M ay 15, 1883.) Freedom o f publication lim ited only by the respect due to private life, m orals, and public peace. 44915— 13387 31 A rt . 8. Right to petition guaranteed. A r t . 10. Right to carry arms guaranteed, but the law shall designate what arms are prohibited. A rt . 13. No one shall be tried according to special laws or by special tribunals. No persons or corporations shall have privileges or enjoy emoluments not in compensation for public service according to law. M ilitary trial o f crim inal cases allowed only fo r m ilitary discipline. A rt . 14. No retroactive laws shall be enacted. A rt . 1G. N o person shall be molested in his person, fam ily, domicile, papers, or possessions except under an order In writing. A r t . 17. No arrest fo r debts. A dm inistration o f justice shall be gratuitous, ju dicial costs being abolished. A rt. 18. Imprisonment only fo r crimes deserving corporal punish ment ; otherwise, liberty on bail. A rt . 19. No detention to exceed three days, unless justified by a warrant under the law. M altreatm ent during confinement to be severely punished. A rt. 20. Guaranties in every crim inal trial— (1 ) Grounds o f proceeding and name o f accuser made known. (2 ) Prelim inary exam ination within 48 hours. (3 ) Confronted with witnesses against crim inal. (4 ) Given all inform ation on record which he mav need for his defense. (5 ) He shall be heard in his defense. A rt. 21. Im position o f penalties by ju dicial authority. P olitical and executive authorities to impose fines and im prisonm ent as disciplinary measures and impose fines o f not over $500 and imprisonment not more than one month as disciplinarian measures as the law shall expressly determine. A r t . 22. M utilation, torture, excessive fines, confiscation o f property, corruption o f blood prohibited. Art, 23. Penalty o f death abolished for political offenses and not Imposed except in cases o f treason during foreign war, highway rob bery, arson, parricide, murder in the first degree, grave offenses o f military character, piracy. A rt. 24. No crim inal case shall have more than three instances. A rt. 26. The quartering o f soldiers prohibited in time o f peace. A rt . 27. Private property condemned fo r public use and upon com pensation. A rt. 28. There shall be no m onopolies o f any kind, whether govern mental or private, inventions excepted. A rt. 29. In cases o f invasion or disturbance o f the public peace, or other emergency, residents with the advice o f the council of ministers and the approval o f Congress or during recess o f the permanent com mittee, may suspend constitution guaranties except those relating to life. T it l e I, S e c t io n 2— M e x i c a n s , n a t i o n a l i t y a n d d u t ie s . T itle I, Section 3— F o r e i g n e r s . T itle I, S e c t io n 4— M e x i c a n c i t i z e n s h i p , r i g h t t o h o l d o ffic e , e t c . T itle II, Section 1— N a t i o n a l s o v e r e i g n t y a n d f o r m o f g o v e r n m e n t . A rt . 39. Sovereignty is in the people. All public power emanates from the people. The people have at all times the inalienable right to change the form o f their government. A r t . 40. The States are free and sovereign in all that concerns their Internal government, but united in a federation under the constitution. A rt . 41. The people exercise their sovereignty through the federal powers and the State powers. T itle II, Section 2— N a t i o n a l t e r r i t o r y a n d l i m i t s o f t h e S t a t e s . T i t l e . III.— D i v i s i o n o f p o w e r s . T itle III, S ection 1.— L e g i s l a t i v e p o w e r . A r t . 51 (amended by law o f Nov. 13, 1874). Legislative power vested in the General Congress, consisting o f a Chamber o f Deputies and the Senate. A rt . 52 (amended by law o f Nov. 13, 18 74). Members o f Chamber o f Deputies elected every tw o years. A rt . 55. E lections shall be by indirect and secret ballot under the electoral law. A rt . 57 (amended by law o f Nov. 13, 1874). The office o f Deputy and Senator may not be held by the same person. A rt. 58 (amended by law o f Nov. 13, 1874). They may not hold another federal office w ithout consent o f their respective chamber. The Senate consists o f two senators from each State and two for the f e d eral D istrict. E lection o f senators shall be indirect, the legislature of each State declaring who has obtained the m ajority o f votes cast. T h e S e n a t e s h a ll b e r e n e w e d b y h a l f e v e r y t w o y e a r s . 44915— 13387 A r t . 60 (amended by law o f Nov. 13, 1874). Each chamber shall be the judge o f the election o f its members. A r t . 62 (amended by law o f Nov. 13, 1874). Congress shall hold two sessions each year. A r t . 64 (amended by law o f Nov. 13. 1874). Action o f Congress shall be in the form o f laws or resolutions which shall be communicated to the Executive after having been signed by the presidents o f both chambers, etc. A r t . 65 (amended by law o f Nov. 13, 1874). The right to originate legislation belongs to the President and to the deputies and senators or to the State legislature. A rt . 69 (amended by law o f Nov. 13, 1874). The Executive shall transm it to the Chamber o f Deputies on the last day of the session accounts fo r the year and the budget fo r the next year. A r t . 71 (amended by law o f Nov. 13. 1874). B ills and resolutions assed by both chambers and approved by the Executive shall be immeiately published. B ills or resolutions rejected by the Executive may be passed by a m ajority in each House. Special sessions o f Congress. A rt . 72. (Amended by law o f Nov. 13, 1874, Dec. 14, 1883, June 2, 1882, Apr. 24, 1896.) Congress shall have power to admit new states, to form new states upon certain conditions, to establish con ditions o f loans on the credit o f the nation and to approve said loans, to recognize and order the payment o f the national debt, to fix duties on foreign commerce, to create or abolish federal offices and to fix their salaries, to declare war, to regulate issuance o f letters o f marque, taking o f prizes on sea or land, the maritime law o f peace or war. to grant or refuse permission o f foreign troops to enter the republic, to establish mints, regulate the value and kinds o f national coin, to make rules for the occupation and sale o f public lands, to grant pardons, to appoint at a join t session o f both chambers a presi dent o f the republic w ho shall act in case o f absolute or temporary vacancy o f the presidency, either as a substitute or as a president ad interim. The chamber o f deputies has power to exercise its power regarding the appointments o f a constitutional president o f the republic, justices o f the supreme court and senators o f the federal d is tr ic t ; to pass upon the resignations o f the president o f the republic, justices o f the supreme court, and to grant leaves o f absence requested by the presi dent ; to supervise the com ptroller o f the trea su ry ; to form ulate ar ticles o f im peachm ent; to approve the annual budget and originate taxation. The senate has power to approve the tre a tie s; to confirm certain nom inations made by the P resid en t; to authorize sending troops out side o f the R ep u blic; to consent to the presence o f fleets o f another nation fo r more than one month in the waters o f the R ep u blic; to declare when the constitutional powers o f any State have disappeared and the moment has arrived to give said State a provisional governor, who shall order elections to be held according to the constitutional law o f the S ta te ; such governor shall be appointed by the Executive, with the approval o f the senate or, in time o f recess, by the permanent com mittee ; to decide auy political questions which may arise between the powers o f a State or when constitutional order has been interrupted by an armed conflict in consequence o f such political qu estion s; to sit as a court o f impeachment. A r t . 73. During the recess o f Congress there shall be a permanent comm ittee consisting o f 29 members, 15 deputies, and 14 senators ap pointed by their respective chambers. A r t . 74 (amended by the law o f Nov. 13, 1874). The permanent com mittee shall have power to consent to the use o f the national guard as mentioned in article 7 2 ; to call by its own motion or that o f the E xecutive an extra session o f either or both ch am bers; to approve ap pointm ents under article 85. T i t l e III, S e c t io n 2 .— E x e c u t i v e p o i c e r . A rt . 76. Election o f President shall be by indirect, secret ballot under S A r t . 78. The president shall enter upon his duties December 1 and serve for four years. A rt . 79. (Amended by the law o f Oct. 3, 1882, and Apr. 24, 1896.) In case o f absolute vacancy except upon resignation and in the case o f temporary vacancy except upon leave o f absence, the executive power shall vest in the secretary o f foreign relations, etc. Congress shall assemble on the day next follow in g to elect by a m inority a substitute President, etc. In case o f resignation o f the President Congress shall assemble as indicated fo r the purpose o f appointing a substitute (a ctin g ) P resident 44915— 13387 In case o f tem porary vacancy Congress shall appoint a President ad interim. A request fo r leave o f absence shall he addressed to the Chamber o f Deputies, to be voted on in the Congress in join t session. I f on the day appointed the President elected by the people should not enter upon his duties, Congress shall at once appoint a President ad interim i f the vacancy prove tem p orary ; but if the vacancy prove absolute, Congress, after appointing the President ad interim, shall order a special election. The elected President shall serve out the unexpired constitutional term. The vacancy o f substitute President and President ad Interim shall be filled in the same manner. A rt . 83. (Amended by the law o f Apr. 24, 1896.) Form o f oath to be adm inistered to the President. A rt . 85. The President has power to promulgate and execute the laws, appoint and remove certain officers, to appoint with the approval o f Congress certain officers, to dispose o f the permanent land and sea forces and national guard fo r the defense o f the Republic, to declare war after the passage o f the necessary law by Congress, to conduct diplom atic negotiations and make treaties, to ca'll with the approval o f the permanent comm ittee an extra session o f Congress, to grant pardons according to law. T itle III, S ection 3 . — J u d i c i a l p o w e r . A rt . 90. The judicial powers vested in a Supreme Court and in the D istrict and Circuit Courts. A rt . 91. The Supreme Court shall consist o f 11 justices, etc. A rt . 92. The Supreme Court justices shall serve for six years and their election shall be indirect in accordance with the electoral law. A r t . 95. No resignation o f a ju stice allowed, except for grave cause, approved by the Congress or the permanent committee. A r t s . 97, 98, 99, and 100. Jurisdiction o f federal tribunals. A rt . 101. Federal tribunals shall decide all questions arising out o f laws or acts violating individual guaranties and encroaching upon or restricting the sovereignty o f States invading the sphere o f federal authority. T it l e IV .— R e s p o n s i b i l i t y o f p u b l i c f u n c t i o n a r i e s . A r t . 103 (amended by the law o f Nov. 13. 1874). Members o f Con gress, o f the Supreme Court, and o f the Cabinet shall be responsible for the common offenses comm itted by them during their term o f office and for their crimes, misdemeanors, or om issions in the exercise o f their functions. The governors o f the States shall be responsible for the violation o f the Federal Constitution and laws. The President shall be likewise responsible, but during his term he can be charged only with treason, violation o f the C onstitution, o f the electoral law, and grave common offenses \ r t . 104 (amended by the law o f Nov. 13, 1874). In case o f common offense, the Chamber o f Deputies shall sit as a grand ju ry and declare by m ajority whether proceedings should be instituted. I f the vote is affirmative,' the accused shall be placed at the disposal o f the ordinary courts. „„ t A r t . 105 (amended b y the law o f Nov. 13, 18 74). In cases o f im peachment. the Chamber o f Deputies shall act as grand jury and the Senate as a tribunal. I f the grand ju ry declares by a m ajority vote, the accused shall be impeached. A rt . 106. No pardon can be granted in cases o f impeachment. A r t . 107. Responsibility fo r official crimes and misdemeanors en forceable only while in office or one year thereafter. A rt . 108. In civil cases, no privilege or Immunity in favor o f any public functionary shall be recognized. T it l e V . — S t a t e s o f t h e F e d e r a t i o n . A rt . 109 (amended by the laws o f May 5, 1878, and Oct. 21, 1887). The State shall adopt a republican, representative, and popular form o f Government. ^ , .. . . A r t . 110. States may fix between themselves their respective bounda r A rt . I l l (amended by law o f May 1. 18 96). States can not enter into alliances, treaties, or coalitions with another State or foreign n a tio n ; coin money, issue paper money, stamps or stamped p a p e r ; tax interstate traffic and commerce. A rt . 112 States can not w ithout consent o f Congress impose port d u tie s; have troops or vessels o f war, except in case o f invasion or im minent peril. . . .. . .. A rt . 113 States are bound to return fugitives from justice. A r t . 114. States are bound to enforce the Federal laws. 44915— 13387 A A kt . 116. The Federal Government is bound to protect the States from invasion. In case o f insurrection or internal disturbance it shall give them the same protection, provided request is made for same. T itle V I.— G e n e r a l p r o v i s i o n s . A rt . 117. Powers not expressly granted to Federal authorities are reserved to the States. A r t . 122. In time o f peace no m ilitary authorities shall exercise other functions than those connected with m ilitary discipline, etc. A r t . 124 (amended by act o f May 1, 18 96). The Federal Govern ment has exclusive power to levy duties on imports, exports, and tran sient goods, and regulate or forbid circulation o f all kinds o f goods regardless o f their origin, for sake o f public safety or for police rea sons. A r t . 126. The constitution, the laws o f Congress, and the treaties shall be the supreme law o f the Union. T itle V II.— A m e n d m e n t s to t h e c o n s t i t u t i o n . A rt . 127. Amendments must be agreed to by tw o-thirds vote o f the Members present in the Congress and approved by a m ajority o f legisla tures o f the States. The Congress shall count the votes o f the legisla tures and declare whether the amendments have been adopted. T it le V III.— I n v i o l a b i l i t y o f t h e c o n s t i t u t i o n . A rt . 128. The constitution shall not lose its force and vigor even if interrupted by a rebellion. I f by reason o f public disturbance a government contrary to its principles is established, the constitution shall be restored as soon as the people regain their liberty, and the people figuring in the rebellion shall be tried under the constitution and the provisions o f laws under the constitution. E x h ib it 2. [T ranslation .] R esolution S tate of Co a h u ila . Venustiano Carranza, C onstitutional Governor of the Free and Sov ereign State o f Coahuila de Zaragoza, to the inhabitants thereof, know y e : That the Congress o f said State has decreed as fo llo w s : The twenty-second C onstitutional Congress o f the Free and Sover eign State o f Coahuila decrees : A r t . 1. Gen. V ictoriano Huerta is not recognized in his capacity as C hief Executive o f the Republic, which office he says was conferred upon him by the Senate, and any acts and measures which he may per form or take in such capacity are likewise not recognized. A rt . 2. Extraordinary powers are conferred upon the Executive of the State in all the branches o f the public adm inistration, so that be may abolish those which he may deem suitable, and so that he may proceed to arm forces to cooperate in m aintaining the constitutional order o f things in the Republic. “ E c o n o m i c :” The Governments o f the remaining States, and the commanders o f the federal, rural, and auxiliary forces o f the Fed eration, should be urged to second the attitude o f the Government o f this State. Given in the H all o f Sessions o f the Honorable Congress o f the State, at Saltillo, February 19, 1913. A. B arrera , D e p u t y , P r e s i d i n g . J. S anchez H errera , D e p u t y , S e c r e t a r y . G abriel C alzada , D e p u t y , S e c r e t a r y . Let this be printed, comm unicated, and observed. S a l t il l a , F e b r u a r y lb . 1913. V enustiano C arranza . E. G arza P erez , S e c r e t a r y G e n e r a l. E x h ib i t 3. [T ranslation .] R e s o l u t io n S t a t e S p e c i a l c o m m i t t e e .— of So n o r a . The executive o f the State is pleased to submit to the settlem ent o f the local legislature the present conflict o f the State in relation to the supreme executive power o f the Republic, the statement w hereof appears in the official note referred to the opinion o f the undersigned committee. The comm ittee has before it a case which is extraordinary and w ithout precedent in the history o f this legislature, and therefore there are no precedents to be consulted in order to enlighten its opinion in the matter, so that in order to express the present opinion we have been obliged to measure its transcendent im portance and to consult the laws and opinions which may add Ught and force to our deficiency in the m atter in question, so that we may 44915— 13387 35 offer, and submit to the deliberation o f this assembly, a proposition which shall emanate from our consciences honestly, patriotically, and calmly. The axis about which the question propounded turns is the legality or illegality o f the appointm ent o f Gen. V ictoriano Huerta as pro visional President o f the Republic. We believe, like the Executive, that the high representative capacity conferred upon the aforesaid Gen. Huerta can not be recognized a s ’ constitutional. As a m atter o f fa ct, the apprehension o f Messrs. Francisco I. M adero and Jose M aria Pino Suarez, President and Vice President of the Republic, and their cabinet, took place in contravention o f article 103 o f the constitution o f the Republic and the supreme law o f May 0, 1904. In these texts it is prescribed that the President and Vice President of the Republic may be impeached only fo r high treason, express violation o f the constitution, attack upon the electoral freedom, and grave offenses in the realm o f common law. This provision was violated, for Messrs. Madero and Pino Suarez were apprehended w ithout any im peachment having been made before Congress, w hich grand jury ought to have decided whether proceedings were to be taken or not against the said officials. From the second o f the documents sent as exhibits by the governor o f the State it is seen that subsequently it was desired to clothe with a pretended legality the designation o f Gen. Huerta by saying that Messrs. M adero and Pino Suarez had resigned their p o s ts ; that the presidency had passed to Mr. Lascurain, minister of foreign re la tio n s; that the latter had resig n ed ; and that Gen. Huerta had thereupon been designated President Now that, in our opinion, the culm inating point o f the question has been defined, it becomes appro priate to connect It with the government o f the State o f Sonora. The aforem entioned article 103 o f the federal constitution says that the governors o f the States are responsible for infraction o f the federal constitution and laws. W ould not the recognition of Gen. Huerta as President o f the Republic, now that it has been established that said presidency was occupied in express violation o f the constitution, imply responsibility on the part o f the governor o f the State o f Sonora? The constitution has been violated, and to approve this violation is to become an accom plice in the crim e itself. Now, the undersigned com mittee believes that it behooves the Executive to make the declaration urgently demanded by the secretary o f the interior o f the Huerta cabinet according to the last o f the exhibits sent to said Executive. But inasmuch as this assembly is in turn confronted with a question of the greatest concern to the destinies o f the nation, and as it has a high p atriotic duty to perform in these solemn moments o f our histoiw, the undersigned committee, on the strength o f Section X II I o f article 67 o f the political constitution o f the State, and in view o f the statement made by the Executive in the official note serving as a basis for this report, has the honor to propose a bill (d ra ft o f a law ) o f the tenor given below. Honorable chamber, we believe that we have honestly and p atriotically fulfilled our duty to pass upon the momentous matter submitted to our opinion. W e are firmly convinced that the proposition which we have framed is that which is warranted by the dignity o f our State ; and if owing to the deficiency o f our knowledge there should be any error in the opinion submitted to the most illustrious of you, we at least have the satisfaction o f having fulfilled the duties imposed upon us by our conscience. The bill which we submit to the delibera tion o f the honorable chamber is as fo llo w s : PAW A U T H O R IZ IN G T H E EX E C U TIV E TO R EF U SE REC OG N ITIO N V IC T O R IA N O H U E R T A AS P R E SID E N T OF M E X IC O . TO GEN. A rtice 1. The legislature o f the free and sovereign State o f Sonora does not recognize Gen. V ictoriano Huerta as provisional president o f the M exican Republic. A rt . 2. The executive Is urged to utilize the powers conferred upon him by the political constitution o f the State. decree no. i . A rticle 1. The branches o f the Federal adm inistration are pro visionally (placed) in charge o f the State and (m ade) subject to the laws and provisions o f the latter. A rt . 2. The making o f any payment, fo r the purposes referred to in the foregoing article, to any office not subject to the executive power o f Sonora and existing therein is prohibited. A rt . 3. The said executive power shall provide for the organization and operation o f the services belonging to the executive o f the Union, attending to everything concerning the branches referred to. 44915— 13387 DECREE NO. 2. A r t ic l e 1. The frontier custom houses o f Agua Prieta and Nogales are hereby qualified and opened up to international im port and export A rt . 2. In all m atters contrary to the special laws and provisions of the State there shall be observed the general customs orders o f June 12, 1891, and the schedules concerned, together with their additions and revisions in force. A r t . 3. The im port duties are reduced 20 per cent and the 5 per cent additional which has been being paid is hereby abolished. A rt . 4. The exportation o f cattle and horses shall be assessed as fo llo w s : (а ) Cattle, $2.50 a head. (б ) Horses, broken in, $10 per head. (c ) Horses, wild, $5 per head. I therefore order this printed, published, and circulated for due en forcem ent. Given at the palace o f the executive o f the State, at Herm osillo, March 24, 1913. I g n a c io L . P e s q u e ir a . L o r e n zo R o za do , S e c r e t a r y G e n e r a l. N o te .— This docum ent above is taken from the Diario de los Debates (Journal o f D ebates), o f the City o f Mexico, which in turn took it from the Official Gazette, o f Sonora, and It was at the permanent session o f the legislature o f Sonora, held on March 5, that the com mittee gave the opinion referred to, and it was approved. E x h ib it 4. M e m o r ia l from a C o m m it t e e R e p r e s e n t in g t h e S t a t e s o f P u e b la an d T l a x c a l a to M r . P eople of t h e L in d . S ir : In our name and in that o f the people o f the States o f Puebla and Tlaxcala. whose general and almost unanimous sentiments we voice, we address you with the request that you bring to the atten tion o f His E xcellency W oodrow W ilson the fact that, as a matter o f equity and justice, and considering that he has heard the side of public functionaries and sym pathizers o f the Huerta Government and o f some o f the rebels in the frontier o f our country, as well as the opinions o f Americans residing am ong us, we, as the genuine repre sentatives o f the true people, be given a chance to give our views on the political situation o f the country, as it would not be in keeping with the well-known sense o f justice o f His E xcellency W oodrow W ilson to listen only to one side and to ignore the opinion o f the Mexican people, expressed in divers ways, and w hich we know is regarded by you as the principal means to guide your opinion concern ing the international issue o f the day. We trust that you as well as His E xcellency President W ilson will regard this memorial as a mark o f courtesy, shown in this way to you. the President o f the American Union and the people o f the United States, whose Chief Executive we regard as a sincere and great friend o f ours. We abstain on account o f official persecution from sending vou our credentials as the representatives we claim to be. A lthough we feel certain that the Department of State in W ashington must be in possession o f ample inform ation concerning the present political situation o f Mexico, we nevertheless do not consider it officious to refer to the events which took place between the 9th and the 18th o f February last, in order that you may hear the opinion o f the people on the follow in g points, to w i t : 1st. The illegality o f the Government o f Gen. Huerta ; second, the legality o f the revolution o f the C onstitu tional P a r t y ; and, third, the serious consequences which would natu rally follow the recognition o f the Huerta Government by that o f the United States, and w hich would tend to definitely establish the same. the il l e g a l it y o f t h e pre se n t govern m ent. First. The revolution o f 1910 was an act by which the Mexican people invoked the right it had under article 39 o f the Constitution o f the Republic, which reads as fo llo w s : “ A r t ic l e 39. The sovereignty o f the nation Is essentially and origi nally vested in the people All public power emanates directly from the people and Is Instituted for its benefit. The people have' at all times the right to alter or m odify the form o f its governm ent.” I f the revolution headed Dy Gen. Felix Diaz on February 9 had been popular, it would have been legitim ate and justified, because then It would have been initiated by the only body o f men who, under the con stitution had the right to start it— that is, the people— and therefore 44915— 13387 I 37 any Government emanating from a revolution o f this kind will be recog nized as a legitim ate and justifiable Government. As a matter o f fact, the ostensible and apparent authors o f the abovementioned revolution were Gens. Bernardo Reyes, Felix Diaz, Manuel M ondragon, and Gregorio Ruiz, together with other officers o f the army, who caused the men in the School o f Aspirantes, o f one regiment o f light artillery, two regiments o f mounted artillery, three regiments o f cavalry, and the Twentieth Infantry to mutiny. The people remained in an attitude o f expectancy, due to its sur prise and lack o f organization, but its sym pathy was with President M adero, and if it did not go to his rescue it was because the President did not call on the people. It was also because he still had faith in the discipline and loyalty o f the rest o f the army. But wnile it is true that the people did not take up the defense o f the Government, it did not join the rebels, for which reason the revo lution was strictly m ilitary, and fo r this reason it lacked the sanc tion o f article 39 o f the constitution o f M exico. The rebels did ask the people to jo in them, but they were not. in sym pathy with it, and therefore the Governm ent which resulted from the movement in ques tion is lacking in constitutional foundation. Second. Due to the fa ct that on February 15 o f this year, His E x cellency Henry Lane W ilson, convened several members o f the diplo m atic corps in the building o f the embassy and inform ed them o f the com ing arrival in Mexican waters o f several American vessels and transports with troops fo r landing, and that it was his firm and de cided opinion that 3,000 marines would land on M exican soil and march to the capital, the Mexican Senate, during an extra session held on the above-mentioned day, decided to ask the resignations o f the President and Vice President o f the Republic. This act was nevertheless un successful. We inclose herewith copy o f the minutes o f the session referred to, as inclosure No. 1. In view o f the above failure nine senators went, on the 18th o f February last, to the office o f the m ilitary commander o f the City of Mexico, Gen. V ictoriano Huerta, in order to induce him or convince him with all kinds o f glow ing promises to force the above fu nction aries to resign. Huerta finally acceded, and with his protection and com plicity the above-mentioned senators called on President Madero in order to force him to resign. H aving failed in their efforts, they called on Gen. Garcia Pena, m inister o f war, and told him that the army o f the nation should depose the President o f the Republic, but the honorable general refused to take the hint. The decision o f the Senate to which we have referred, as well as the acts o f the nine senators which follow ed it, are unconstitutional, inasmuch as article 72, nor any other provision o f the constitution, empowers the Senate or any o f its members to request or force the President o f the Republic to resign. Any senator or authority w ho does not act within the law and com m its acts o f violence or o f a crim inal character is crim inally responsible for them, even though he may comm it them in his capacity as a senator or authority o f any character Third. The senators and Gen. Huerta having taken note o f the firm attitude o f the m inister o f war in favor o f the President, Huerta and the senators, considered from that moment as rebellious to the execu tive power, directed Gen. Aurelio Blanquet to arrest the President and V ice President at the National Palace and to do this in the name o f the army. „ When this was done Huerta assumed power and sent all over the country the notice appearing as inclosure 2 . The above acts o f violence are also unconstitutional Inasmuch as they violate the provisions o f the constitution o f Mexico. Therefore, the government which emanated from the second revo lution is like the Felix Diaz uprising, contrary to the principles sanc tioned by the constitution. Fourth. The transitory government o f Gen. Huerta was sanctioned by a pact signed by Huerta and Diaz, the form er aided by Lient. Col. Joaquin Maas and Engineer Enrique Cepeda and the latter by Attorneys Fidencio Hernandez and R odolfo Reyes. Both rebel generals agreed through this pact to prevent by all means the reestablishment o f the legitim ate government represented exclu sively by President Madero and V ice President Pino S u a rez; and it was also agreed that Gen. Huerta would assume power at the earliest possible convenience. (H uerta had already assumed it on his own au th ority.) . _ , „ . .. . W e inclose herewith a fu ll copy, under Inclosure 3, o f the above agreement, called the pact o f Ciudadela. 44915— 13387 38 It is evident that in order to establish the government o f Gen. Huerta the constitution was completely ignored and supplanted by the Ciudadela agreement, which confined itself to sanction the m ilitary uprising, the acts o f violence o f Gens. Huerta and Blanquet, to de pose the President and Vice President o f the Republic, to divest them o f their investiture, and to permit Huerta to usurp the executive power o f the nation. Things have developed since February 18 in such a way that there is no room fo r doubting that the above pact has been the directing force o f the present government. In fa ct, the first clause o f the above-mentioned pact indicates with out doubt that the murders o f Messrs. Madero and Pino Suarez, imme diately after the decision o f the legislature o f the State o f Coahuila became known in the capital, and by which decision, dated the 19th o f February, Gen. Huerta was not recognized as President o f the Re public, were perpetrated with no other purpose than to prevent the reestablishment o f the legitimate government. ALL OF THAT IS CONTRARY TO T H E P R IN C IP L E S SANCTIONED C O N S T IT U T IO N OF T H E R E P U B L IC . BY THE Such is the origin o f the government o f Gen. Huerta, and it matters not that 72 hours later thev may have attempted to give it a constitu tional form , inasmuch as the old principle o f international law which reads, “ That which is null in principle is void in its effects,” and more so if it is borne in mind that the whole thing was done to put into effect the pact o f the Ciudadela, which is not, so to say, the Federal pact, which is the fundam ental and supreme law o f the land. Now, then, all events from February 18 ahead and which gave rise to the government o f Gen. Huerta, and in spite o f the claim they make that it is a matter o f “ consummated fa cts,” are crim inal, illegal, and void and they are so considered in article 128 o f the Mexican consti tution, a provision which to this date seems to have been ignored, not withstanding its im portance as a fundam ental law. The article in question reads as follow s : “ A r t . 128. The constitution shall not lose its force and vigor, even though because o f a rebellion its enforcem ent may be suspended. In case that by means o f a public disturbance a government contrary to the constitution may be established, as soon as the people regains its freedom, the observance o f it shall be enforced, and in accordance with it and with the provisions which may have been dictated pursuant to it, all those who may have figured in the government established bv the revolution, and "those who may have been their accom plices shall be tried.” This shows your excellency the fu ll force o f article 128 o f the constitution against the governm ent o f Gen. Huerta, and this also shows the m otives o f basis o f the constitutional rebellion which is grow ing in the heart o f the people, and which shall not permit the continuation in power of Gen. Huerta, nor any other government em anating from a m ilitary rebellion. Therefore, to make an effort to legitim ize or to recognize the inter national character o f a government which has emanated from a m ilitary rebellion, sim ply because o f “ consummated fa cts,” means to set aside the constitution o f M exico, and to legitimize and recognize a crim e which, though it may have been perpetrated, does not fail to be punishable, nor does it cause article 128 o f the constitution to be inoperative. An act o f this kind would be the equivalent o f recognizing the right o f a th ief to the thing stolen. Therefore, the above pretension, being founded on so frail a fou nda tion, is repudiated by morals, civilization, and common la w ; and for this reason the W ashington Governm ent would be responsible o f com m itting a most lamentable moral and legal error should it recognizp the government o f Gen. Huerta as a legitim ate government, and would recognize it as an international entity. T H E LEGITIM ACY OF T H E REVOLUTION OF T H E C O NSTITUTIONA LISTA S. First. I f the people were lacking in organization at the beginning of the uprising in order to defend the rights they were divested from by the army which overthrew the E xecutive elected according to the laws, so soon as it has been able to organize itself into a body it has risen in arms against the usurper, invoking the principle sanctioned by article 39 o f the constitution. The above rights are at the base o f the revolution and are deeply rooted in the heart o f the Mexican people whose attitude tends to prove that neither public opinion nor the mass o f the people have ever sanc44915— 13387 tioned the present Government. There are a few newspapers in the City o f M exico speaking for the Government, but they do not represent the sentiments o f the people or o f the popular mind ; they are voicing purely and sim ply the personal views o f their publishers, all o f whom are under the orders o f the m inister o f gobernacion (U rru tia). Second. The constitutional government o f the free and sovereign State o f Coahuila, acting in observance o f a decree o f its legislature, dated February 19, this year, by which the governor o f the State was authorized to disregard the Government o f Gen. V ictoriano Huerta and not to recognize any o f the acts emanating from this Government. A rticle second o f the same decree o f the legislature o f Coahuila author ized the governor to arm troops in order to m aintain the constitutional order. Third. The Legislature o f the State o f Sonora, legally constituted and acting in accordance with the law, approved a decree by which the Government o f Gen. Iluerta was not recognized. A copy o f the decree is herewith inclosed. Fourth. A rticle 128 o f the federal constitution vests the people with power and tacitly expects it to defend and maintain the integrity o f the laws, when it reads “ as soon as the people may recover its liberty.” Tw o constitutional decrees emanating from two legally constituted governments o f two States are a sufficient base for the present revo lution o f the Constitutional Party. Those two decrees are its legal foundation. III. SE R IO U S CONSEQU EN CES OF T H E D E F IN IT E E S T A B L IS H M E N T G O VERN M EN T OF GEN. V. HU ERTA. OF <\,'■ y ! THE In the first place it would establish precedent for all the armies of the world, that they could rise in arms and depose their respective rulers and place themselves in their stead, if they would feel that the recognition o f the world would be forthcom ing sim ply on the plea o f “ consummated facts.” W hat happened yesterday in M exico could happen in the future in Germany, Russia, England, or the United States, where, w ith refer ence to the latter country, the Republican Party, sympathizing with Porfirista, or Huertista party o f M exico, places President W oodrow W ilson on a parallel with Madero, and says that the spirit o f the latter has reincarnated in the American President.' W hat would happen with the laws o f a country if they were at the mercy o f the arm y? W hat would happen to a country where the army instead o f being the support would be the arbiter o f the govern m ent? W hat would it mean to relegate the will and laws o f the people to the caprice o f the arm y? In view o f the above we believe that the “ M exico case ” is o f interest not only to our country, but it concerns all other nations. As a matter o f precaution and future policy the Government o f Gen. Huerta should not be recognized. We are o f the opinion that coup d'etat should be suppressed for ever, leaving the question o f changing or m odifying the form o f g ov ernment to the people, as vox populi vox del. A „ The third Pan-American Conference, which took place at Rio de Janeiro, took the initiative by recommending that government growing out o f an act o f violence should not be recognized, and we hope that A m erica may be the first to follow this principle in connection with the “ Mexico case.” Besides, the government o f Gen. Huerta is politically and finan cially connected with manv European interests. It is stated soto voce,' fo r example, that M exico w ill not press the contention about the Clipperton Islands and w ill allow France to win out in payment o f its recognition o f the Huerta government. It appears that it is on this acount that Huerta revoked the ap pointment he had made o f Lio de la Barra, as envoy near the court o f Italy Spain is being given all kinds o f encouragem ent to acquire practi cally full control o f the land interests o f the country. All o f the above acts are an outrage against the M exican nation and < ntrary to the M onroe doctrine. W ith reference to England, it is well known how im portant a r61e has been played by Lord Cowdra.v and to w hat extent he would rule were the Huerta government to become definitely affirmed. As a consequence o f the above Europe would increase its political, financial, and even m ilitary influence in Mexico, much to our detri ment and contrary to the M onroe doctrine. 44915— 13387 w f- M )* • HI •v lij 10 We will therefore propose, as a part o f the opinions you may have gathered while here, for the inform ation of His Excellency W oodrow W ilson : First. T hat the government o f Gen. Huerta be not recognized. Second. That if W ashington recognizes the government o f Huerta, it should simultaneously recognize the belligerence o f the rebels. Third. That as a m atter o f humanity the decree which prevents the exportation o f arms, ammunition, and war material to countries south o f the United States be revoked temporarily. We say that this be done ns a m atter o f humanity in order to facilitate the means by which the States o f the Mexican Union in hands o f the C onstitutional Party to pacify the country and avoid further bloodshed. I f otherwise, the W ashington Government, acting under a strange moral rule or other m otive, would recognize the Huerta Government and refuse to recognize the belligerency o f the rebels, such act would serve only to prolong the state o f war in this country, as the patriotic elements o f the country would never give in nor tolerate the gov ernment o f General Huerta. We will say before ending that foreign residents will have the fullest protection from the constitutional rebels, and if the requests o f the revolution are granted in full or in part this will serve to bring M exico and the United States much closer in their diplom atic relations. Please accept the assurances o f our highest consideration. In the name o f the com m ittee: (Names om itted.) T o the Honorable J o h n L i x d , C o n fid e n tia l E n v o y o f th e P r e s id e n t o f th e U n ite d S ta te s o f A m e r ic a . 44915— 13387 o