On April 18, 1812, Ignacio Rayón sent Hidalgo his constitutional proposal, officially titled "Proyecto de Constitución del Imperio Mexicano" (Draft Constitution of the Mexican Empire), although it is better known today as the "Elementos Constitucionales" (Constitutional Elements). In this document, Rayón expressed his personal vision of how Mexican society should be provisionally governed at birth, with a strong emphasis on the union between democratic elements of the Enlightenment era and the maintenance of Catholic hegemony in the country, as well as the personal union with the monarch Fernando VII, still imprisoned by French troops in Spain. The document is composed of a preamble, the development (38 Articles) and a conclusion by Rayón himself. Morelos, although against Rayón's pro-monarchist character, would admit that the Constitutional Elements would be helpful for the formulation of his own document, developed and given to Hidalgo afterwards. The Constitutional Elements are considered the first draft of Mexico's National Constitution, although unlike Morelos, Rayón was not too much influenced by the Constitution of the United States, being more attached to enlightened despotism.
The preamble states [1]:
The independence of America [the Mexican America] is too just even if Spain had not substituted the government of the Bourbons for that of some Juntas, whose results have been to bring the Peninsula to the brink of its destruction. The whole Universe, even the enemies of our happiness, have known this truth: but they have endeavored to present it as abhorrent to the unwary, making them believe that the authors of our glorious independence have had other ends, that they are either the wretches of total wantonness or the odious of absolute despotism.
The former movements have lent appearance to their opinion. The expressions of oppressed and tyrannized peoples in the twilight of their liberty have pretended to identify themselves with those of their chiefs, often needing to condescend, ill of their degree, and our events are found announced in the public papers almost at the same time that we are frightened by the most respectable court of the Nation. Only the profound knowledge of our justice could overcome these obstacles.
The conduct of our troops, which present a vigorous contrast to that of those perfidious enemies of our liberty, has sufficed to confound the calumnies with which those gazetteers and sycophantic publicists have endeavored to denigrate us. The very court of our Nation has witnessed the brutal licentiousness and scandalous dealings of those proclaimed defenders of our religion, they seal their triumphs with impiety, the blood of our defenseless brethren, the destruction of numerous populations and the profanation of sacrosanct temples: here are the results of their triumphs. Even all this does not suffice to make these proud Europeans confess the justice of our petitions, and they lose no time in making the nation believe that it is threatened by a frightful anarchy.
We, then, have the unspeakable satisfaction and high honor of having merited that the free peoples of our country compose the Supreme Court of the Nation and represent the Majesty which alone resides in them. Although we are principally occupied in bringing down with cannon and sword the phalanxes of our enemies, we do not want to lose a moment to offer to the whole universe the elements of a Constitution that fixes our happiness; it is not a legislation that we present, this is only a work of deep meditation, of quietude and peace, but to manifest to the wise what have been the feelings and desires of our people, and Constitution that may be modified by circumstances, but in no way become others.
The Articles say [2]:
1. The Catholic Religion will be the only one, without tolerance of any other.
2. Its Ministers hitherto in office shall continue in office, endowed with their offices.
3. The dogma will be sustained by the vigilance of the Tribunal of the faith which will distance its individuals from the influence of the constituted authorities and the excesses of despotism.
4. The Mexican America is free and independent of every Nation.
5. Sovereignty emanates from the people and resides in the person of the monarch Ferdinand VII, represented through the Supreme National Board of the Mexican America, to be reformed in a Supreme Mexican Congress.
6. No other right to this sovereignty can be attended to if it is detrimental to the independence and happiness of the Nation.
7. For the representation of the provinces, five vocales [Congress Representatives] shall be granted to each province, who shall be elected by the Supreme Board and shall function provisionally as the composition of the Supreme Mexican Congress.
8. The functions of each vocal shall last five years; the oldest acting as President, and the most modern as Secretary in acts reserved, or comprising the whole Nation.
9. They shall not all be elected in one year, but successively one each year, the oldest one ceasing in his functions in the first year.
10. Before the reunification of the Empire is achieved, the elected vocales shall not be replaced by others.
11. In the case of the vocales who are so at the glorious moment of the reunification of the Empire, the time of their functions shall begin to be counted from this time.
12. The vocales shall be inviolable during their term of office, unless they hold positions of high treason and with the explicit knowledge of the other members.
13. The circumstances, incomes and other conditions of the vocales who are and have been, shall be reserved when this constitution is formalized.
14. There shall be a Council of State for cases of declaration of war and adjustment of peace, which shall be attended by the Officers of Brigadier above, the Supreme Board not being able to determine without these requirements.
15. The Supreme Board will agree determinations with the Council in case of establishing extraordinary expenses, obligating national goods, or talking about inherent increases that pertain to the common cause of the Nation, under previous debate and consideration.
16. The offices of Grace and Justice, War and the Treasury, and their respective Courts, shall be systematized with knowledge of the circumstances.
17. There shall be a National Protector appointed by the representatives, as soon as the war is over.
18. The establishment and repeal of laws, and all business which interests the Nation, shall be proposed by the National Protector before the Supreme Mexican Congress, in the presence of the representatives who lent their promotion or descent.
19. All neighbors of force who favor the liberty and Independence of the Nation, shall be received under the protection of the Laws.
20. Every foreigner that wants to enjoy the privileges of being a Mexican citizen will have to deliver letter of nature to the Supreme Board that will grant it with agreement of the respective City council and dissent of the National Protector; but only the Patricians will have employment, without privilege or letter of nature.
21. Although the three Powers, Legislative, Executive and Judicial, are proper to the sovereignty, the Legislative is so inerrant that it can never communicate it.
22. No employment, whose fee is paid out of the public funds, or which elevates the person concerned from the class in which he lived, or gives him greater luster than his equals, can be called of grace, if not of rigorous justice.
23. Every representative shall be appointed every three years by the respective City Councils, the candidates being the most honorable and proportionate persons from the capitals as well as from the towns of the District.
24. Slavery shall be entirely prohibited.
25. Those born after the Independence of the Nation, will not be hindered except by personal defects, without the class of their lineage being an obstacle; the same must be observed with those who represent the rank of Captain above, or who accredit some service to the Nation.
26. The Ports shall be free to foreign nations, with such limitations as to ensure the purity of dogma.
27. Every person who has been a perjurer to the Nation, without prejudice to the penalty to be applied to him, is declared infamous and his property will belong to the Nation.
28. The destinies of Europeans, of whatever class they may be, and equally of those who have aided the enemy's cause, are declared vacant.
29. There shall be absolute freedom of the press in scientific and political matters, provided that they observe the aims of enlightenment and do not offend the established legislations.
30. The examination of craftsmen shall be prohibited.
31. Everyone shall be respected in his own house as in a sacred asylum and shall be administered with such amplifications and restrictions as the circumstances of the celebrated law "Corpues haves de l'England" may offer.
32. Torture is hereby prohibited as barbarous without discussion.
33. The days of October 2, day of National Independence; February 17, day of the liberation of Mexico City; and December 12, consecrated to our most amiable protector Our Lady of Guadalupe, are declared to be solemnized as the most august days of our Nation.
34. Four military orders shall be established, which shall be that of Our Lady of Guadalupe, that of Hidalgo, that of the Eagle and that of General Allende, and other meritorious citizens and political servants who consider themselves worthy of this honor may also obtain them.
35. There shall be in the Nation four large Crosses respective to the aforementioned orders.
36. There shall be in the Nation five General Captains and a President-General, called Generalisimo; it being possible to add or diminish the number of Captains if necessary.
37. In cases of war, they will propose the officers of Brigadier above, and the Councilors of war to the Supreme Mexican Congress, being the Generalisimo the one in charge of the executive and combination cases, investitures that will not confer graduation nor increase of income that will close concluded the war and will be able to be removed in the same way that it was constituted.
38. The five current General Captains of the Supreme Board will remain as Captains, even when they cease their functions officially, until the Independence can be formalized.
The conclusion says [3]:
Here are the main foundations on which the great work of our happiness is to be based. It rests on liberty and independence, and our sacrifices, though great, are nothing in comparison with the flattering prospect that is offered to you for the last period of our vision, transcendental to our descendants.
The American [Mexican] people, forgotten by some, pitied by others, and despised by the greater part, will now appear with the splendor and dignity to which they have become entitled by the bizarre way in which they have broken the chains of despotism.
Cowardice and idleness alone will infame the citizen, and the temple of honor will open indistinctly the gates of merit, and virtue.
A holy emulation will lead our brethren, and we shall have the sweet satisfaction of saying to you: We have helped and directed you, we have caused abundance to be substituted for scarcity, liberty for slavery, and happiness for misery.
Bless, then, the God of destinies, who has deigned to look with compassion upon his people!
[1] and [3]: Without changes, same as OTL.
[2]: Although the number and general composition of the Articles is the same as OTL, there has been some changes for them to fit ITTL.