La Reforma
Since independence a new generation of Mexicans had been born; appalled at the easy victory the United States had won, the more thoughtful among them felt that Mexico’s survival as an independent country depended on fundamental reform. Among the new faces was Benito Juárez, a Zapotec Indian educated as a middle-class liberal, who had moved to New Orleans and had discussed and planned Mexico’s future with fellow expatriates. With no military force to implement their plans, they bided time until their opportunity came, in 1854, when Juan Álvarez, a surviving hero of independence, and Ignacio Comonfort, a political moderate, proclaimed a liberal rebellion against Santa Anna and forced him out of the presidency.
Neither Álvarez, who served a short term as president, nor Comonfort, who succeeded him, had any clearly defined program. The role of the returned expatriates was to act as a brain trust to carry out La Reforma (“The Reform”). Its aims were to abolish remnants of colonialism by removing special ecclesiastical and military privileges; to separate church and state by secularizing education, marriages, and burials; to reduce the economic power of the church by forcing it to sell its properties; to foster an economic development that envisaged Mexico as a country of yeoman farmers and small industrialists; and, above all, to establish a single standard of legal justice.
Juárez was made minister of justice. Among his first reforms was the so-called Ley Juárez (Nov. 23, 1855), which abolished fueros (special exemptions) and the use of special military and ecclesiastical courts in civil cases. The minister of finance, Miguel Lerdo de Tejada, sponsored the Ley Lerdo (June 25, 1856), which restricted the right of ecclesiastical and civil corporations to own lands by decreeing that church lands not directly used for religious purposes and lands held in common by indigenous communities (ejidos) must be sold.
The reformers called a convention to draft a new constitution, which would provide a legal base for the reform. It was promulgated on Feb. 12, 1857, but did not become effective until the following Sept. 16, the 47th anniversary of the “Grito de Dolores.” The constitution of 1857 prohibited slavery and abridgments of freedom of speech or press; it abolished special courts and prohibited civil and ecclesiastical corporations from owning property, except buildings in use; it eliminated monopolies; it prescribed that Mexico was to be a representative, democratic, republican country; and it defined the states and their responsibilities. This constitution, which remained in force until 1917, increased the power of the central executive.
Neither the religious community nor the military accepted the 1857 constitution, and both inveighed against the reform, calling for retention of “religion and fueros.” The church excommunicated all civil officials who swore to support the constitution. When civil war erupted, Comonfort went into exile after his efforts at compromise failed; Juárez automatically succeeded him as constitutional president. The conservatives captured Mexico City and set up a competing regime. Juárez and his government moved to Veracruz, where they controlled the customs receipts.
Foreign powers, rarely bashful about aggressively asserting their influence in Mexican affairs, became even more influential. On April 6, 1859, the United States recognized the Juárez government; President James Buchanan permitted war matériel to be shipped to Juárez’s forces. Americans were encouraged to serve the liberal cause as volunteers, but Spain and France generally favoured the conservatives, as did Great Britain.
In July 1859 Juárez issued a series of decrees: all church property except buildings used for worship was to be confiscated without compensation; all marriages apart from civil marriages were declared annulled; the formal separation of church and state was proclaimed; cemeteries were declared public property, and burial fees were abolished. Moneys from the sale of confiscated church property, though less than anticipated, speeded the end of the civil war. On Dec. 22, 1860, the liberals won a critical battle, and, when the conservative president, Miguel Miramón, fled, the conservative cause collapsed. The victorious liberal army of about 25,000 men entered Mexico City on New Year’s Day, 1861. On his return (January 11) Juárez was greeted by an enthusiastic populace who welcomed the end of the long and devastating civil war and the reestablishment of government under the constitution of 1857.