Moderate men strongly urged a strict observance of law, aside from prejudice or passion;[XI-26] but their voice was drowned in the uproar of the enemies of Morazan,[XI-27] clamoring for his death without form of trial, regardless of the requirements of the constitution of 1825, and of the fact that he was the legitimate chief of the state.[XI-28] But nothing availed to save his life. Pinto, like his prototype Pontius Pilate, after a slight hesitation, signed the order of execution of both Morazan and Villaseñor, to be carried out within three hours. Morazan then summoned his son Francisco, and dictated to him his last will and testament; some of its clauses are epitomized below.[XI-29] After placing in charge of Montealegre a handkerchief and a few other objects for his wife, so soon to become a widow, he walked with dignity and a firm step to the place of execution. Villaseñor, who was nearly dead from his wound, was carried in a chair. On arriving at the fatal spot Morazan embraced Villaseñor, saying, "My dear friend, posterity will do us justice." Barrundia thus describes the last moments of the ex-president: He gave the order to prepare arms, saw that a good aim was taken, then gave the command to fire, and fell to the ground. Still raising his bleeding head, he cried out: "I am yet alive;" when a second volley despatched him. Thus on the 15th of September, the anniversary of Central American independence, just as the sun was sinking in the west, the soul of the noble patriot returned to the region whence it came.[XI-30]
MORAZAN'S GREATNESS RECOGNIZED.
Morazan's death caused much satisfaction to the ruling powers of Guatemala and Honduras.[XI-31] In Guatemala it was an occasion for rejoicing, with high mass and other religious ceremonies.[XI-32] The time came, however, when Morazan's greatness was recognized in Guatemala and Honduras, when the servile element no longer had a voice in public affairs.[XI-33] Relations had been suspended by the Guatemalan government with that of Costa Rica, while the latter recognized Morazan as its chief.[XI-34] Treaties of union and mutual defence had been made by the states of Guatemala, Salvador, Nicaragua, and Honduras against Costa Rica on the 7th and 16th of October.[XI-35] After Morazan's downfall an attempt was made to prevail on the new government to subscribe to these treaties, but it failed.[XI-36]
CONSTITUENT ASSEMBLY.
On the 23d of September the civil and other authorities at San José passed acts setting aside the supreme powers that had ruled the state since its occupation by Morazan, and proclaiming J. M. Alfaro as jefe provisorio, with Antonio Pinto as comandante general.[XI-37] These acts were subsequently confirmed by the people of the state.[XI-38] Among Alfaro's first measures were to forbid the return of political exiles, including Carrillo; to check attempts at rebellion; to invite Morazan's soldiers to return to their homes;[XI-39] to restore confiscated property; to establish an official journal; and to raise a forced loan.[XI-40] Disregarding the remonstrances of Guatemala, the government, of which José María Castro was now minister-general, by its decree of the 5th of April, 1843, called upon the people to send deputies to a constituent assembly. This body was installed on the 1st of June, and soon after adopted the groundwork upon which was to be erected the fundamental law of the state.[XI-41] The assembly likewise enacted a law declaratory of the rights of man; and another on freedom of the press under certain limitations. Among the other acts worthy of mention passed by this body were the following: The jefe, Alfaro, was to hold his office till the promulgation of the constitution and the election of his successor under it. All his acts were approved, and a vote of thanks was awarded him. A similar vote was given to General Pinto. Francisco M. Oreamuno was chosen segundo jefe, and a short time afterward he was called to fill the executive chair, upon leave of absence being given to Alfaro.[XI-42] The assembly adjourned on the 22d of September, to meet again on the 13th of November. The constitutional bases, nicknamed by the conservatives "de los tribunos," did not meet the approval of the government. The assembly then adopted a constitution, which made provision for two chambers, the executive authority being exercised by a jefe, as formerly, and all the functionaries constituting the supreme powers being chosen by the whole people. The promulgation of the new fundamental law was made on the 11th of April, 1844,[XI-43] and all officers were required to take an oath to support it. Pinto, the comandante general, refused to do so without first consulting Alfaro and others. He tried to make an armed opposition, but did not succeed, and was dismissed, Colonel José María Quiroz superseding him.[XI-44]
The publication of the new fundamental law was celebrated with feasts for three days. But the fact of Pinto's dismissal from the command of the forces caused serious divisions in families,[XI-45] which has been felt ever since in the political events of the country. The two chambers decreed by the constituent assembly complicated the political machinery, and the enemies of the new constitution exaggerated its defects. The necessity of a senate in Costa Rica was not clear, for the composition of the house of deputies was such that it required impulsion rather than checks. Therefore, what would be the mission of the senate?[XI-46]
MOYA, GALLEGOS, AND ALFARO.
Alfaro reassumed the duties of the executive office on the 28th of June, on which date Castro resigned his position of secretary-general,[XI-47] to take a seat in the chamber of deputies, which was installed on the 3d of July. The first duty of this body was to count the votes for senators; but the returns were coming in very slowly, so that the senate did not assemble till the 12th of November.[XI-48] Both houses then on the 15th declared Francisco María Oreamuno duly elected jefe of the state. He took possession of the office with reluctance.[XI-49] The spirit of localism which caused so much trouble in 1835 was still rampant, and Oreamuno found himself confronted by it. Whatever measure was proposed in favor of any one locality was certain to displease the others. Rather than contend with such difficulties, he tendered, on the 26th of November, his resignation, which was not accepted; but he was resolved to retire, and one day, being more than usually disgusted, he abandoned his post and went off to his home in Cartago.[XI-50] His successor was Rafael Moya, then president of the senate,[XI-51] who exerted himself to do away with localism, and to promote harmony between the several sections; but his senatorial term expiring on the 30th of April, 1845, he could no longer continue holding the executive authority, and the chamber of deputies called to assume its duties Senator José Rafael Gallegos,[XI-52] who was made chief of the state at the expiration of Juan Moran's second term. He took the chair on the 1st of May. An ominous cloud could already be descried away in the horizon. The new constitution had thus early become an object of abuse, even by the men who had enthusiastically proclaimed it, and acrimoniously censured Pinto for refusing it recognition.[XI-53]
During the elections a bloodless revolt of four regiments simultaneously occurred, on the 7th of June, 1846, at San José, Cartago, Heredia, and Alajuela, to overthrow the organic law. The movement was seconded at once by the people,[XI-54] and José María Alfaro was summoned to assume the reins of government, Gallegos returning to the presidency of the senate. Every one recognized Gallegos as an upright man, against whom no complaint was made.[XI-55] Alfaro accepted the rôle, went into office on the 9th, and immediately proceeded to carry out the purposes of the revolution. Elections took place under the existing constitution, Alfaro being chosen jefe, and José M. Castro vice-jefe and secretary-general. The latter being the intellectual superior of Alfaro, every branch of the administration finally fell under his control.
The constituent assembly met on the 15th of September, and completed, on the 21st of January, 1847, the new constitution, which was promulgated at once, to have effect from and after the 7th of March.[XI-56] Experience having shown that several clauses of this instrument were practically inexpedient, and that others were not clearly worded, under article 187 of the same congress subsequently adopted a number of amendments, which had been asked for by a majority of the municipalities.[XI-57] The elections for supreme authorities, decreed on the 17th of February, took place; the constitutional congress assembled on the 1st of May, and after counting the votes for president and vice-president on the 5th, declared Castro duly elected for the first position and Alfaro for the second. They were inducted into office on the 8th.[XI-58]