Heretofore, in the event of the death or permanent disability of the
President, the minister for foreign affairs would act as President until
a President was chosen at a new election, which should be at once
called.
Under these amendments a Vice-President will this year be elected with
the President. The Vice-President will be president of the Senate and
may hold another office to which he may be appointed by the President,
as a post in the cabinet. In case of the death or permanent disability
of the President, the powers and duties of the office of President shall
devolve upon the Vice-President for the remainder of the term for which
he was elected. In case of the temporary disability of the President, or
when he has been granted a leave of absence by the Congress, the
executory powers shall devolve upon the Vice-President.
By these amendments the term of office of the President is increased from
four to six years.
President and Vice-President will be inaugurated on December 1, proximo,
under these amendments.
The election will be held next month. The only candidates announced are
Porfirio Diaz, actual President, for reelection; and Ramon Corral,
minister of government, for Vice-President.
[Inclosure.—Translation.]
Amendments to the constitution of Mexico,
relating to the election of President and Vice-President of the
Republic.
department of
government—mexico—first section.
The President of the Republic has been pleased to transmit to me the
following law:
Porfirio Diaz, constitutional President of the United Mexican States,
to the people thereof, greeting: That the National Congress has seen
fit to issue the following decree: The Congress of the United
Mexican States, availing itself of the powers conferred upon it by
article 127 of the federal constitution, and by virtue of the
unanimous approval of the legislatures of the States, it hereby
declares that articles 72, 74, 78, 79 to 84, inclusive, and first
section of article 103 of said constitution, shall be amended
according to the following terms:
Single article. Sections XXXI and XXXII of
article 72 are hereby repealed, and paragraph A of article 72,
articles 74, 78, 79 to 84, inclusive, and the first section of
article 103, are amended according to the following terms:
Article 72. A. The exclusive powers of the
House of Deputies are:
- I.
- To constitute itself an electoral college in order to
exercise the powers which the law may assign to it in
respect to the election of President and Vice-President [Page 492] of the Republic,
magistrates of the supreme court of justice, and senators
for the federal district.
- II.
- To judge and decide upon the resignations and leaves of
absence of the President and Vice-President of the Republic,
and upon the resignations of the magistrates of the supreme
court of justice.
Article 74. The attributes of the permanent
deputation, without prejudice against others which the constitution
may confer upon it, are: * * *
Article 78. The President and
Vice-President of the Republic shall enter upon the performance of
their duties on the 1st of December, and shall continue in office
six years.
Article 79. The electors who may designate
the President of the Republic, shall also elect, on the same day and
in the same manner, to fill the office of Vice-President, a citizen
having the qualifications required to be President by article
77.
The Vice-President of the Republic shall be ex-officio the president
of the senate, but shall have no vote, unless they be equally
divided. The Vice-President may, however, enter upon the performance
of another charge to which he may be appointed by the Executive, and
in the latter case, as well as when he may be absent for other
reasons, he shall be substituted as president of the senate
according to the manner provided by the proper law.
Article 80. In case the President of the
Republic fails to appear on the day provided by law to enter upon
the discharge of his duties, when the office has already been
declared vacant, or when he has been granted a leave of absence, the
executive power shall devolve on the Vice-President, by virtue of
the law itself, the formality of taking a new oath being
unnecessary.
If the President’s default be permanent, the Vice-president shall act
as his substitute until the end of the term for which he was
elected, or until such time as the President resumes the exercise of
his duties.
Article 81. If, at the beginning of a
constitutional term, both the President and Vice-President elect
fail to appear, or when the election may not have taken place and
been declared on the 1st of December, the President whose term may
have expired shall, however, cease to act as such and the executive
power shall at once devolve on the secretary of state, who shall act
as President ad interim, and in case of default or inability of the
latter, on one of the other members of the cabinet according to the
order in which they are ranked by law.
The same course shall be observed when during the permanent or
temporary default or disability of the President, the Vice-President
should fail to appear, on account of the latter having been granted
a leave of absence, while discharging his duties, and when during
the course of a term the offices of both functionaries might become
vacant.
In case of vacancy of the offices of President and Vice-President,
the National Congress, or during its period of recess, the permanent
commission, shall issue the summons to proceed to extraordinary
elections.
When the vacancy of both offices occurs during the last year of the
constitutional term, the above-mentioned summons shall not be
issued, but the member of the cabinet who may have charge of the
executive power shall continue in office until the next President,
or the person who is to act in his stead, according to the preceding
provisions, takes the oath of office.
The citizens who may be elected through the extraordinary elections
shall enter upon the performance of their duties so soon as the
proper declaration is made, and shall continue in office during the
time preceding the expiration of the constitutional term.
When the executive power devolves on any of the members of the
cabinet, the latter shall perform the duties of his office without
any oath until he takes the same.
Article 82. The offices of President and
Vice-President may not be resigned, except for grave cause, approved
by the Chamber of Deputies, to which the resignation shall be
presented.
Article 83. The President, on taking
possession of his office, shall take an oath before Congress, and in
its recess before the permanent commission, according to the
following formula:
“I swear without any reserve to obey and cause others to obey the
constitution of the United Mexican States, with its additions and
amendments, the laws of reform, and all others emanating from the
same, and to perform loyally and patriotically the duties of the
office of President of the Republic conferred upon me by its people,
and to seek in everything for the welfare and prosperity of the
Union.”
[Page 493]
The Vice-President of the Republic shall take his oath on the same
session, swearing in similar terms to perform the duties of
Vice-President and in its turn those of President of the Republic;
but in case he may not be able to take his oath on the same session,
he may do so on another.
Article 84. The President and
Vice-President of the Republic may not remove from the national
territory without permission from the Chamber of Deputies.
Article 103. The Senators and Deputies of
the National Congress, the magistrates of the supreme court of
justice, and the secretaries of the cabinet are responsible for the
common crimes which they may commit during their terms of office,
and for the crimes, misdemeanors, or negligence into which they may
fall in the performance of the duties of said office. The governors
of the States are likewise responsible for the infraction of the
constitution and federal laws. The President and Vice-President of
the Republic during the term of their office may be accused only for
the crimes of treason against the country, express violation of the
constitution, attack on the freedom of election, and for high crimes
of a common order.
* * * * * * *
