570
AMERICA~ HISTORICAL ·ASSOCIATION.
Don Agustin de Iturbide should.. be Emperor •of•.the Empire of· M,~xico-But it is a principle, universally:.recognised;-that nothing produced by undue and imprope:r:.coertion is·valid. Supposing there- fore this ~ct of the Congress. to have ·been .free; Spontanious and·un-' influenced by fear or forcei .the·:mexican nation have legally-chosen their.form of.Govermnent: and supposing the election of his Majesty Don Agustin 1 st to have been equal}y•free nnd -uninfluenced by ,im-• proper force. 01: power; the.ele~tion of.the Emperor is.thelegal act of the nation.. . . . The.form of _µovernment therefore admitting:the above supposi-, tions to. be facts ha$ 1 been:.clected by:the .People, :and the Emperor chosen.: l,)ut tJ.1e fo~mdatio.n,-the, spul of 'all .free.political institutiions,• th~ Oqnstitumon is sti11.,wanting. ,!, This, the people,:lrnve· not yet made,--they have not .yet.dedared how. the .Monarchy-shall be cori- stituted, how the. powers of..the..different branches of .Government· shall be cli~iµed, .distributed ·.and. limited,..itnd. in ,fact .what ·l)owers are give1) up to the Government by the.People,,and-what are.1'.eserved. 1 The great work.the,n of .making :and.adopting a Constitution con- forming to the system of Government already elected proclaimed and sworn .to is yet to be done:and the ·want of this constitution is the great cause of the present evj]s which ailiict the. nation. • The Law <>f nature, ,of. .reason, ,aucl.of truth, is the .Jaw .of God; • and that I.aw declares that" all Government of right originates from the .People "~The ·People I there;fore :have,,not .only a l right. to .elect th~ f01~n of .their Government _and chuse .their, .. Empe1·01·, but also, to prescribe laws to that, Emperor and,consolidate,that f01wi of-Gov- , ermnent i,nt~ a system .by.a.C/onstitution, whi9h is the paramount law of:t)1e nation and, the..fou~dation'of.all ,other·laws--'7But the People colJectively cannot assemble and.debate and vote oll' the Constitution: the only,lega.l mann~r,therefore i~ which it cnn:be.decreed a~d sane~ tioned, is ,by the le~al Representatives, of the .People in Cong1·ess: assemble.q.~ A .:freE} Congress of, the·nation unites all parties ·!lnd all .interests·,. except those w bich tend to. the.ctistruction of its independence, or tho usurpation of its.liberties-No real friend .of. his Country therefor.e ought to oppose,the immediate :convocation.of a general Congress- Such a measure ought,at once .to satisfy. ,all par,ties, and thus suspend the furtlwr. progres~.of Jhe,civil , w ~i;, : which like.the warning. thun- ders of µ, volcano ,pr.ev~o~,_to .its,irrµption, ;now. thre~tens, the ·nn,- . tion-It is therefqre.the .duty of the J:unta,.if they have any authority to use it in,calling:a General Cqngre~s.of,the-n~t10n, and if they are. only. councellqrs of.t}1e. ~;n:i.peror.:in the proyision,aL.administmtion. of the Government, they ought to.!l,dv~e hi~ :Majesty to order a .new Conl!'ress immedia~ely.•
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