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8 Government

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8. GOVERNMENT. The constitution of Mexico is based upon that of the United States which it very much resembles. The republic is formed of free and sovereign states which, for administrative matters concerning the in terests of the nation as a whole, are united under a federal government. In virtue of the constitution of 5 Feb. 1857 the national power resides in the people who are the source of all public authority. The administration of the affairs of the country is carried on by the national government, for the federation, and by each state government for its own state. But no state law may conflict with the general good as expressed by the laws of the federation. Slavery is prohibited by the constitution and all persons born in the republic are free and equal in the eyes of the law, and every one has a right to freedom of thought, profession and occupation. In so far as it is consistent with private rights and the exigencies of state, the press is free. In Mexico one may publish what he pleases, for there is no press censor ship; but the citizen and the government are protected by libel laws. Newspaper, magazine and other presses cannot now, as formerly, be confiscated as instruments of crime. The right to associate together for any lawful under taking, business or enterprise, and the complete individuality of every law-abiding citizen of the republic or resident therein are recognized and all may leave or enter the country without passport. Mexico being a republic, hereditary honors and titles of nobility are not recognized and no one is permitted to accept or wear them unless by special act of Congress. Antis may he carried for lawful personal defense iin certain parts of the country, whereas in others a permit to do so must be obtained; for the law recognizes that in mining camps, wild mountainous regions and unsettled parts of the republic, arms are necessary for self-protection, and here a permit is not exacted, Search with out warrant is prohibited, and a policeman may not enter a private house without authorization from the police court, unless it be in pursuit of a well-known criminal or one caught in the act of breaking the law. Privileged tribunals such as were customary during the Spanish occupa tion of the country are strictly prohibited; and every man, be he priest or layman, citizen or administrative officer of the government, is ruled and governed by one common law. The passage of laws contrary to the interests of the nation is prohibited, and no treaties can be made with foreign conntries for the extradition of political offenders. According to the consti tution and the law of the land offenses against law and order are divided into two great classes, civil and criminal. • No one may be

imprisoned for offenses coming under the first of these heads. This provision includes debts and other monetary obligations, provided there is nothing criminal about their contraction. A person once arrested must be brought to trial within three days and just cause shown for his detention, or he must be set free. Whipping, torture, mutilation and other punishments of a like nature, common enough in previous pe riods of the history of the country, are declared contrary to law. All punishments except those of a correctional nature must be administered by judges of the criminal courts. The death penalty is practically never exacted in Mexico i in times of peace. It is stipulated in the con stitution, however, that it may be applied in cases of high treason, premeditated murder, parricide and highway robberies; but never for political offenses, except in time of war. In practice, however, about the only cases in which it is exacted, in normal times, are those of offenses of a most serious nature against mili tary authority. In all legal actions one may appeal from a lower to a higher court until the Supreme Court of the nation is reached and gives its decision, which is final. But in cases of the death penalty, an appeal may be made to the clemency of the President of the re public. Once a man has been tried and ac quitted he cannot be tried again for the same offense. In conformity with the principles of democratic government no spying upon the privacy of the people of the land is permitted and, on the same principle, all private corre spondence is declared inviolable. The quarter ing of soldiers upon private individuals in time of peace is prohibited, and even in time of war it can be done only in conformity with certain regulations of Congress and through special orders issued to fit the exigencies of the occasion. Patents may be issued for a certain stated time on inventions of use to mankind, although the constitution states that no monopolies shall exist in the country ex cept such as the government may take to itself for the general good of the nation; as, for instance, the coinage of money and the con MA of the postal system. In the case of seri ous internal disorder of whatever character, Which threatens the safety of state or govern !tient, the President has the right to suspend the constitutional guarantees; as he also has in the case of foreign invasion. But this can be done only with the consent of his cabinet and Congress, or of the congressional committee when the Congress is not in session.

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