Peña y Peña, Manuel de la

Manuel José María de la Peña y Peña

b. 10 Mar 1789, Tacuba
d. 2 Jan 1850, Mexico City

Title: Presidente de la Suprema Corte de Justicia, en ejercicio del Supremo Poder Ejecutivo de los Estados Unidos Mexicanos (President of the Supreme Court of Justice in charge of the Supreme Executive Power of the Mexican United States) [1]
Term: 22 Sep 1847 - 12 Nov 1847
Chronology: 22 Sep 1847, assumed the functions of chief executive, letter dated 22 Sep 1847, hacienda de la Canaleja, near Toluca, State of Mexico [2][3]
  12 Nov 1847, ceased to exercise the functions of office upon the installation of a successor [4]
Term: 8 Jan 1848 - 15 May 1848
Chronology: 8 Jan 1848, entered upon the duties of the office of Constitutional President of the Mexican United States in accordance with Art. 2 of the law promulgated 9 Nov 1847, public ceremony, residence of the Interim President of the Mexican United States, Querétaro [5][6]
  15 May 1848, ceased to exercise the functions of office upon the installation of a successor [7]
Title: Presidente Interino de los Estados Unidos Mexicanos (Interim President of the Mexican United States)
Term: 15 May 1848 - 3 Jun 1848
Chronology: 14 May 1848, elected, session of the Cámara de Diputados (Chamber of Deputies), Querétaro [8]
  15 May 1848, took an oath of office, session of the Congreso General, Querétaro [7]
  3 Jun 1848, ceased to exercise the functions of office upon the installation of a successor [9]
Biography:
Attended a parish school in the town of Tacuba and the Conciliar Seminary of Mexico City; enrolled at the Royal and Pontifical University of Mexico, graduating with a degree in law (1811); became a member of the College of Advocates in 1812; served as a syndic of the municipal council of Mexico City (1813-1821); was designated as a judge of the Royal Audience of Quito (1820), but stayed in Mexico; served as a magistrate of the Audiencia Territorial de Mexico (1821-1824); named minister plenipotentiary and envoy extraordinary to Gran Colombia by Emperor Agustín; delays in organisation of the trip to South America coincided with the fall of the Empire (1823), preventing him from taking diplomatic post; received majority of votes cast by state legislatures and was elected a member of the Supreme Court of Justice of the Mexican United States (1824-1850); represented the conservative wing of the liberal moderados; was temporarily suspended from the office in 1834; received leave of absence as a member of the Supreme Court and was appointed secretary of the interior (1837) by President Anastasio Bustamante; returned to the Supreme Court after leaving ministerial post; elected (16 Nov 1838) a member of the Supreme Conservative Power (Supremo Poder Conservador, served 1839-1841); published a four-volume instructional series in forensics Lecciones de práctica forense mejicana; in the early 1840s, he became rector of the Law College at the University of Mexico; named a member of the Junta Nacional Legislativa (1843) and was a leading figure in the process of development of the Organic Bases of the Mexican Republic (Bases Orgánicas); appointed (1 Oct 1843) a member of the Cámara de Senadores (1843-1845); served as a member and president of the Tribunal to judge the members of the Supreme Court of Justice and Supreme Court Martial (1844-1845); president of the Cámara de Senadores (28 Jun 1844 - 31 Jul 1844); appointed minister of external relations, governance and police (1845) in the administration of President José Joaquín de Herrera; counselled against a war with the United States; succeeded José Rafael Suarez Pereda as President of the Supreme Court of Justice (27 Apr 1846 - 2 Jan 1850); served as a member of the Congreso Nacional Extraordinario (1846), representing the Department of Jalisco; refused to join a triumvirate appointed by Antonio López de Santa Anna to serve as provisional government and assumed the functions of chief executive on 22 Sep 1847; established the seat of government in Toluca, later moved to Querétaro; stepped down in favour of Pedro María Anaya who had been elected Interim President by the Congreso convened in Querétaro; appointed minister of internal and external relations (1847-1848) by President Anaya; assumed the functions of head of state for the second time (8 Jan 1848) because the term of Anaya expired and the Congreso failed to achieve quorum for counting the votes cast at presidential elections; agreed to sign the Treaty of Guadalupe Hidalgo (2 Feb 1848), ceding about half of Mexico's territory to the United States; elected and served as Interim President until the installation of José Joaquín de Herrera as Constitutional President; oversaw the ratification of the treaty by the Congreso; re-elected President of the Supreme Court of Justice by the Cámara de Diputados (23 May 1848); elected Governor of the State of Mexico (22 Mar 1849) by state legislature, but was unable to take office and resigned for health reasons (resignation accepted 15 May 1849).
Biographical sources: birth and baptismal record: Andrade, pp. 6-7; obituary: El Siglo Diez y Nueve, No. 368, 3 Jan 1850, p. 12; "Manuel de la Peña y Peña. Un jurista de la Suprema Corte de Justicia de la Nación", by Juan Pablo Pampillo Baliño (Mexico City: Suprema Corte de Justicia de la Nación, 2009).
Elections:

Candidate Votes of States (14 May 1848)
Manuel José María de la Peña y Peña 11
José Joaquín Antonio Florencio de Herrera y Ricardos 4
Source of electoral results: El Siglo Diez y Nueve, No. 15, 15 Jun 1848, p. 1; Historia parlamentaria, 19:518.

[1] Also in official use: Presidente de la Suprema Corte de Justicia, encargado del Supremo Poder Ejecutivo de los Estados Unidos Mexicanos; Presidente de la Suprema Corte de Justicia, encargado del Poder Ejecutivo de la Unión; Presidente de la Suprema Corte de Justicia, en ejercicio del Supremo Poder Ejecutivo de la República de los Estados Unidos Mexicanos; Presidente de la Suprema Corte de Justicia, en ejercicio (encargado) del Supremo Poder Ejecutivo de la República Mexicana.
[2] El Monitor Republicano, No. 871, 29 Sep 1847, pp. 1-2.
[3] The resignation of President López de Santa Anna was proclaimed by a decree of 16 Sep 1847 (El Monitor Republicano, No. 869, 27 Sep 1847, pp. 2-3) which named President of the Supreme Court of Justice (Peña y Peña) and two individuals (José Joaquín de Herrera and Lino José Alcorta Ulloa) selected by the outgoing President as holders of supreme executive power, referring to Art. 97 of the Constitution of 1824 (as amended). Peña y Peña refused to recognise the appointment of Herrera and Alcorta by Santa Anna because the cited Art. 97 required such appointment to me made by the Council of Government. He made a formal statement against the appointments and declared that he assumes executive authority, pending either the appointment of two other members of the executive by the Council of Government or the election of an Interim President by the Congreso. The declaration is found in a letter (El Monitor Republicano, No. 871, 29 Sep 1847, pp. 1-2) addressed to minister of internal and external relations José Ramón Pacheco (dated 22 Sep 1847, Hacienda de la Canaleja). It was also announced that Peña y Peña would not take an oath of office as he had already been sworn in on assumption of the office of President of the Supreme Court of Justice 27 Apr 1846 (El Monitor Republicano, No. 869, 27 Sep 1847, p. 4; El Republicano, No. 66, 5 May 1846, p. 1).
[4] El Monitor Republicano, No. 921, 18 Nov 1847, p. 1.
[5] El Monitor Republicano, No. 978, 14 Jan 1848, p. 1.
[6] The law of 9 Nov 1847 (Colección de leyes y decretos 1847, 214-215) fixed the term of President Anaya to end on 8 Jan 1848. His successor could have been either elected by the Chamber of Deputies or proclaimed by the Congreso upon the count of electoral votes, provided that the chambers were in session. The Chamber of Deputies and Chamber of Senators met 20 Dec 1847 but were unable to reach quorum by 8 Jan 1848, at which point the functions of chief executive devolved on Peña y Peña as President of the Supreme Court of Justice in accordance with Art. 2 of the law of 9 Nov 1847 and Art. 96 and 98 of the Constitution of 1824. When the chambers eventually reached quorum, Peña y Peña was elected (14 May 1848) to serve as Interim President, pending the arrival of votes cast by state electors, counting and proclamation of a Constitutional President.
[7] El Siglo Diez y Nueve, No. 15, 15 Jun 1848, p. 1; Historia parlamentaria, 19:519.
[8] El Siglo Diez y Nueve, No. 15, 15 Jun 1848, p. 1; Historia parlamentaria, 19:518.
[9] Historia parlamentaria, 19:556-557.
Last updated on: 15 Feb 2015 09:59:21