[XVII-61] But for arbitrary measures, on the 12th of June, the state would have divided into two parts, each following its own bent, even to incorporation with other states, which would have been the death of the republic. Nic., Mensaje del Poder Ejec., 1857, 2-3.
[XVII-62] Nic., Dec. y Acuerdos, 1857, 135-8.
[XVII-63] In the decree of convocation the members of the executive and the ministers were made ineligible for seats in that body.
[XVII-64] Only two electoral votes were not cast for him. The constituent assembly, which had been installed Nov. 8th, declared him to have been the people's choice. Nic., Gaceta, Apr. 18, 1863.
[XVII-65] Discurso Inaug., 3. Tomás Martinez was a native of Leon, and had been engaged in trade and mining without taking part in the political agitations of his native place until the revolution of 1854, which did not meet his approval. It is believed that his reserve had made him an object of suspicion on the part of the democrats, which circumstance forced him to seek a refuge in the ranks of the conservatives, and to embrace, much against his liking, the military profession. Martinez was a lineal descendant of an heroic woman, Rafael Mora, who in 1780 distinguished herself in the defence of San Juan del Norte against Nelson's attack. He was in 1857 about 45 years old, tall of stature, and of reserved deportment. Self-instructed, plain, and unambitious of popularity, he cared not for honors or display, and abhorred sycophancy. He never used more words than were necessary to express his thoughts, and his whole aim, after he entered public life, was to serve his country. Moreover, he possessed a kindly disposition, and in his family relations was affectionate.
[XVII-66] During the war with Costa Rica he commanded the forces in the field; meantime the executive office was in charge of Deputy Agustin Avilés. He resumed the latter Jan. 25, 1858. In the course of his term he several times provisionally surrendered the office into the charge of others, on account of illness. Nic., Dec. y Acuerdos, 1858, 3-7, 32; 1859, ii. 136, 137; 1860, iii. 71, 83-4, 177.
[XVII-67] The several portfolios were also for more or less time in charge of Pedro Zeledon, J. de la Rocha, Eduardo Castillo, Gerónimo Perez, Miguel Cárdenas, Nicasio del Castillo, and H. Zepeda.
[XVII-68] A number of decrees acknowledging the indebtedness appear in Nic., Dec. y Acuerdos, 1859, ii. 132-54.
[XVII-69] The catholic religion was placed under state protection. The government was constituted in three branches; namely, executive, legislative, and judicial. The executive authority was vested in a president for four years, without reëlection for the next term. In his absence or inability, the office was to go into the hands of the senator called by congress to fill it. The president was to be a native and resident of Nic., 30 years of age or upwards, not having lost the rights of citizenship within five years of the election, and possessing real estate valued at no less than $4,000. The legislative power was to consist of a senate and house of deputies. The senators' term was to be of six years; they were to be at least 30 years old, and to possess no less than $2,000 in real estate, one third of their number to be renewed every two years. The deputies were to be upwards of 25 years old, and hold for four years, one half their number being renewed every two years. The natives of the other Central American states were eligible to the senate or house, after a residence in Nic. of ten or five years respectively. No churchman could be chosen president, senator, or deputy. The justices of the supreme court had to be lawyers of recognized ability and integrity. They were to hold office four years, the members being renewed every two years. The court was divided into two sections with at least four justices each. The constitution recognized liberty of thought, speech, writing, and the press; also the rights of property and emigration. Torture in any form, cruel punishments, confiscation of property, invasion of private domicile, and establishment of special courts were strictly forbidden. It was promulgated Sept. 15, 1858. Rocha, Cód. Legis. Nic., i. 25-42; Lévy, Nic., 309-27; El Porvenir de Nic., Feb. 11, 1872; Nic., Mem. Gobern. y Guerra, 1859, 3. The bishop and his chapter took the oath to obey it on the 15th of Apr., 1861. La Union de Nic., May 11, 1861.
[XVII-70] Because its acts tended to the organization of the country. But on the 25th of June, 1858, the government of José M. Estrada was also exempted from that annulment. Rocha, Cód. Legis. Nic., i. 82, 89-90.