1835 Constitution of Mexico

1835 Constitution of Mexico

Mexico's so-called 1835 Constitution was not a formal, fully-fledged constitution, but two documents that amended the 1824 Constitution in a way that substantially changed the character of Mexican government: the "Siete Leyes" (Seven Laws) of 1835 and the 1836 Constitution Laws.

Historical Context

In the early 19th century, Mexico was politically unstable. The federal government was weak, because although the 1824 Constitution was almost identical to the United States Constitution, Mexico did not have the advantage of the landmark United States Supreme Court decision, McCulloch v. Maryland and thus states felt free to countermand federal law – and that allowed corrupt politicians to flourish. Many wanted to fill the vacuum of power, including the Vatican, which owned more than half of all land in Mexico, regional strongmen who controlled state governments, and the York Rite Masons. Spain wanted to reestablish its old colonial empire. France wanted to add Mexico to its list of colonies. The United Kingdom apparently saw an independent Mexico as an ally that could limit the growth of the United States. The United States saw European interests as contrary to the Monroe Doctrine, but the Monroe Doctrine in part was an attempt to keep Europeans from creating colonies in territories it coveted for itself.

Perhaps Yorkino Manuel Gómez Pedraza was centrist enough to be described variously as a moderate liberal and as a conservative, and part of Mexico's upper-middle-class ruling élite of "hombres de bien" ("honest men"). When he seemed set to succeed Guadalupe Victoria as president, though, conservative Vicente Guerrero staged a coup d'état and assumed the presidency on 1 April 1829. Between liberals such as Simón Bolívar who objected to the violent coup, and conservatives who objected to Guerrero's ordering an immediate abolition of slavery and emancipation of all slaves, he had few friends. Guerrero was deposed in a counter-coup on 4 December 1829, and was killed on orders of General Anastasio Bustamante.

José María Bocanegra was president from 18 December 1833 to 23 December 1833 In 1833, Antonio López de Santa Anna was elected president but he did not take an active role, and the actual chores fell to his Vice-President Valentín Gómez Farías to be acting president. Gómez Farías, a liberal, used his influence to enact the "Reforms of 1833" under the slogan of "religión y fueros". They included the abolition of civil laws which required tithing, state control of public education and the all Church property, the suppression of religious orders, the formation of a body for administering government funds, and the reform of the military, signaling the end of the army's power and the formation of militias.

Gómez Farías' plan to root out corruption stepped on some powerful toes among the military and wealthy landowners and Catholic church. Santa Anna, a long-time liberal, announced that he supported the Conservative Party, and assumed control of Mexico on 29 April 1834. He asked the legislature for the Siete Leyes (Seven Laws), which passed on 15 December 1835, then declared martial law, and started to put down the revolts which had broken out in several states, first capturing 3000 soldiers in a two-hour battle against Zacatecan militia, led by Francisco García on 12 May 1835, then moving on to begin a 13-day siege of the Alamo in San Antonio de Béxar in Coahuila y Tejas, ending on 6 March with the death of all but two dozen surviving women and children, as well as Jim Bowie's slave Sam and Lt. Colonel Travis' slave Joe, all of whom were released after the battle. Santa Anna's right wing defeated a second Texican force near Goliad, while Santa Anna then proceeded to march on San Jacinto.

In a surprise attack on the 1400 Mexican troops at the Battle of San Jacinto on 21 April 1836, the Texicans killed 600 and took 730 prisoner, with the rest – including Santa Anna – temporarily escaping but soon captured.

José Justo Corro became acting president of Mexico with Santa Anna's capture but was replaced with conservative Anastasio Bustamante after two months.

It was while Bustamante was in office that the 1836 Constitution Laws were adopted on 30 December 1836.

These amendments to the 1824 Constitution provided many reforms, but their primary effect was to strengthen the central government at a time when the independence of Mexico appeared to be in jeopardy.


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