File No. 812.00/9184.

The American Chargé d’Affaires to the Secretary of State.

[Telegram—Paraphrase.]

549. By special decree President Huerta, in view of the dissolution of Congress, assumes the powers granted the Congress in the Departments of Gobernación, Finance and War. The judiciary power still remains with full powers so long as not in conflict with the decrees [Page 839] of the Executive. The President made his intentions plain in a decree published under date of October 10 [11], as follows:

Victoriano Huerta, Constitutional President ad interim of the United Mexican States, to its inhabitants makes known that the Chamber of Deputies and Senators of the Twenty-sixth Legislature having been dissolved and inhabilitated from exercising their functions, and until the people elect new magistrates 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 of things in the shortest possible time, as is its purpose, since October 26 has been set as a date for elections for Deputies and Senators, has seen fit to decree that—

  • Article 1. The judicial power of the Federation shall continue in its functions within the limits set by the Constitution of the Republic and the decree of the Executive of October 10 of this month and such others as shall be issued by him.
  • Art. 2. The Executive Power of the Union conserves the powers conferred upon him by the Constitution and assumes furthermore the Departments of Gobernación, Hacienda, and War only for the time absolutely necessary for the reestablishment of the legislative power. In the meantime the Executive takes upon himself the powers granted the legislative power by the Constitution in the aforementioned Departments and will make use of them by issuing decrees which shall be observed generally and which he may deem expedient for the public welfare.
  • Art. 3. The Executive of the Union will render an account to the legislative power of the use which he makes of the powers which he assumes by means of this decree as soon as this is in function.

Wherefore I order that this be printed, published, and given due fulfillment.

Given at the National Palace of Mexico October 11, 1913.

V. Huerta.

The exemption from arrest which the members of Congress have enjoyed had been declared invalid by President Huerta in view of the recent dissolution of Congress. A decree to that effect was distributed last night. Text of the decree:

Victoriano Huerta, Constitutional President ad interim of the United Mexican States, to its inhabitants makes known that in view of the fact that the Chambers of Deputies and Senators of the Congress of the Union have been dissolved and inhabilitated to perform their functions, and in view of the powers which I hold in the Department of Gobernación according to the decree of October 11 of this year, I have seen fit to decree that—

Article 1. The constitutional exemption from arrest and judicial action which the citizens which formed the Twenty-sixth Congress of the Union enjoyed in view of their functions, is hereby repealed, and consequently they are subject to the jurisdiction of the tribunals corresponding to the case in the event that they are guilty of any crime or offense.

Wherefore I order that this be printed, published, and duly fulfilled.

Given at the National Palace in Mexico October 11, 1913.

V. Huerta.

Nelson O’Shaughnessy.