6* O^r^ 
 
 ^i 
 
L IF E 
 
 OF 
 
 MAXIMILIAN I, 
 
 LATE EMPEROR OF MEXICO, 
 
 WITH A SKETCH OF 
 
 THE EMPRESS CABLOTA. 
 
 BY 
 
 FEEDEEIC HALL, 
 
 ONE OP Hie MAJESTY S LEGAL ADVISERS. 
 
 Fiat .iitftituuizua.t codum." 1 
 j 
 
 PUBLISHED BY JAMES MILLER, 
 
 522 BROADWAY. 
 
 1868. 
 
REESE 
 
 cC 
 
 
 
 Entered according to act of Congress, in the year 1S(>8, 
 
 BY FREDERIC HALL, 
 
 In the Clerk s Office of the District Court of the United States for the 
 Southern District of New York. 
 
PREFACE. 
 
 great events of the last half of the Nineteenth 
 Century will stand out like embossed inscriptions 
 on the pages of American history, all crimsoned with 
 the blood of the murdered. And the advancing waves 
 
 3 
 
 of Time will not efface them, nor the names of those 
 who prominently figured therein. President Lincoln 
 was the victim of the one, and Ferdinand Maximilian 
 of the other. The essential difference characterizing 
 
 C> 
 
 the two is, that the tragedy of the latter followed a 
 judicial farce, and was performed by a Nation, while 
 that of the former, unaccompanied by a farcical show, 
 was perpetrated by a private individual. 
 
 The trial and execution of an Emperor are not of so 
 frequent occurrence as not to produce excitement, and 
 attract attention all over the civilized world. The his 
 tory of such events, and of the life of him who formed 
 the great subject thereof, cannot fail to be observed 
 with more than ordinary interest, although recorded in 
 a homely style. 
 
 The meeting in that tragical scene of Republicanism 
 
4 PREFACE. 
 
 and Imperialism will somewhat heighten the desire to 
 scan with a piercing eye, to probe to the bottom the 
 feelings, the passions, the seething hate, that actuated 
 and governed the whole act. 
 
 I have endeavored to portray succinctly, in the first 
 chapter, a history of the leading events which mark the 
 Austrian nation and the House of Hapsburg, that the 
 reader may carry in his mind that picture of the past, 
 while he surveys the portrait of one of the late descend 
 ants of that ancient line of Imperialism. 
 
 It has not been my purpose to give a history of the 
 Mexican Empire during the reign of Maximilian, but to 
 detail his personal qualities and actions; and to con 
 cisely state the facts and law pertaining to his trial ; 
 adding thereto a short biographical sketch of his affec 
 tionate and talented spouse, the Empress Carlota. 
 
 The biography of a ruler necessarily includes many 
 important facts that peculiarly belong to the historical 
 records of his nation. But the main subject of the one 
 excludes the bulk of the other. 
 
 It has not unfrequently been observed that the biog 
 raphies of Sovereigns and Statesmen usually contain 
 too much of State documents to interest the general 
 reader, and not sufficient of the minutia3 of their private 
 life. In other words, the majority of the reading com 
 munity wish to see the person live, as it were. I have 
 sought to weave both herein. The most of the docu- 
 
PREFACE. 5 
 
 mentary statements are contained in the chapter which 
 relates to the trial of the Emperor ; and in this instance 
 will perhaps be, to many, the most interesting portion 
 of the work, particularly to those of the legal profession, 
 and to statesmen. 
 
 I gathered my materials and nearly completed the 
 work while in Mexico, and was most diligent in my 
 exertions to collect facts. And the task of sifting the 
 truth from the many false rumors, in my researches, 
 w r as not an easy one. The variety of statements placed 
 in circulation during battles and sieges is great; and 
 many incorrect and improbable stories are related by 
 honest persons, believing them to be authenticated 
 facts. Those who have observed criminal proceedings 
 in a court of justice, and have heard half a dozen or 
 more witnesses relate their conflicting stories as to what 
 occurred at the time of the committing of the alleged 
 crimes, will readily understand all this. Scarcely any 
 two individuals hear or see alike all of the actions and 
 sayings in a conflict of arms between either small or 
 large forces. 
 
 I trust I shall not be charged with either vanity or 
 egotism in recording the many brief conversations be 
 tween His Majesty and myself. To most persons, the 
 exact expressions of an emperor, under the circum 
 stances in which I met Maximilian, are fraught with 
 greater interest than the chronicle of events w r hich 
 
6 PREFACE. 
 
 transpired while he swayed with full power on the im 
 perial throne. 
 
 What I have written in regard to the relative value 
 and progress of the Empire and Republic of Mexico, 
 has not been prompted by any tincture of taste for 
 Imperialism, nor by any personal enmity to the Presi 
 dent or Cabinet of the Republic, with whom I have had 
 none but amicable relations. 
 
 The engraving of the place where the execution of 
 the Emperor occurred is taken from an excellent draw 
 ing made for me by my friend, Mr. JOHN M. PKICE, an 
 English gentleman, and engineer on the Yera Cruz 
 Railroad. It is a far better view than any photograph 
 ever taken of that ground. None were taken at the 
 very time of the execution. 
 
 If I have failed to embalm the name of that good 
 man, MAXIMILIAN, in a pleasant style, I hope that the 
 value and interest found in the materials of this work 
 wdll compensate for the poverty of their dress. 
 
 FREDERIC HALL. 
 
 RUTLAND, Vt., December, 1867. 
 
MAXIMILIAN 
 
 CHAPTER I. 
 
 Austria Her accessions House of Hapsburg Its origin Descendants 
 thereof, 
 
 we count backward the notches on the long 
 measure of Time, for ten centuries, and by a magic 
 wand bring up the then living from their subterraneous 
 dwellings, in a certain part of the territory watered by 
 the Danube, the ear would catch the sound of Oest-reich 
 (east country), as the appellation of Austria. That ter 
 ritory was the nucleus around which, subsequently, has 
 been formed the great Austrian empire. 
 
 If we carefully view that empire through the long 
 vista of ages, we shall not fail to observe that its polit 
 ical and territorial phases have been more diverse than 
 the number of the centuries. 
 
 If we now examine it in a geographical, ethnographi 
 cal, and linguistic point of view, we shall consider it a 
 curious piece of Mosaic work. It has been observed 
 that the ethnographical map of Austria exhibits one 
 hundred and twenty different groups of nationalities, 
 and the number of linguistic groups nearly two thou 
 sand. It suggests itself to one s mind that the workers 
 
8 MAXIMILIAN. 
 
 on the Tower of Babel might have settled there. If, by 
 a vote of those different races, the pieces of that artistic 
 work could be disunited, what great political artist 
 would be able to replace them ? 
 
 If the diversified lands of that empire have long been 
 illuminated by the gladsome light of peace, they, too, 
 have had their share of the blazing light of camp-fires. 
 And s s their, mighty hosts clashed the glittering steel, 
 they ,cuunld:rfeitecl the stars of heaven. 
 
 ^.If^e glance, at tlje variations made by the finger of 
 Time, as it has traced the exterior lines of that empire, 
 we shall see that it has been as meandering in its course 
 as the winding Amazon. 
 
 As we review the history of Austria, in all its points, 
 we shall be unmistakably impressed with the fact, that, 
 with its governing power, there has been talent, genius, 
 great foresight, and indomitable will. And if its rulers 
 have given value and importance to things according to 
 their dimensions, it is only what political history will 
 attribute to every other powerful nation. The charge 
 of the aggrandizement of territory would bring more 
 than Austria into the culprit s box. And if the culprits 
 were to be tried in the order of the magnitude of their 
 crimes, Austria might not be first upon the list. 
 
 If, among the various groups of her subjects, and the 
 diversity of their interests, there has been much com 
 plaining against the throne, the same has been witnessed 
 by every other nation, at different periods, although the 
 cause of the one may not have been that of the others. 
 Still some cause has existed, in the estimation of the mal 
 contents, for the complaint. 
 
 During a long period of time, the dukes of Austria 
 sprang from the House of Bamberg. The governors of 
 Austria received the title of dukes in the 12th century. 
 Death, that never-failing visitor, at his appointed time 
 walked in, and drew a notable mark on the family 
 
MAXIMILIAN. 
 
 record of that house, in the year A. D. 1246. That visitor 
 then carried away the last of the male line thereof. 
 Soon thereafter the main study of the inhabitants of 
 that empire was skill in the use of the sword, the battle- 
 axe, and the spear. There was a long struggle with the 
 contending elements of war. The times, the circum 
 stances, did not fail to present a man of powerful mind, 
 a leader of men, who shaped events according to his 
 will. That man was RUDOLPH OF HAPSBUKG, Emperor 
 of Germany, who was born in 1218, and son of Albert 
 IV., Count of Hapsburg. 
 
 He placed his son Albert upon the throne of Austria, 
 in the year 1282. Thus dates the beginning of that 
 illustrious House of Hapsburg, as connected with Austria, 
 which has so long, so powerfully, and so successfully 
 swayed the destinies of a vast portion of Europe ; al 
 though, as has been observed, not without its terrible 
 struggles, its alternate losses and gains. 
 
 As the years rolled on, the circle of its territorial ju 
 risdiction extended wider and wider, by the force of mar 
 riage, purchase, and inheritance, until its superficial area 
 had expanded far beyond that of any other State in the 
 German Empire. This vast accession of territory neces 
 sarily elevated the rank of its sovereign head. Rodolph 
 IV. assumed the title of Archduke Palatine in 1359; 
 and he further marks his reign by the acquisition of 
 Tyrol, in 1363. To the Archdukes thereof was allotted 
 the high position of Emperor of the mighty Germanic 
 Empire. As we trace back its history, we observe that 
 on the list of emperors taken from among those Arch 
 dukes, the first was Alfred II., who acknowledged tho 
 receipt of that imperial crown in the year 1438. 
 
 The holy link of matrimony that united the exceed 
 ingly ambitious Maximilian I, at the age of eighteen, 
 to Mary, daughter of Charles the Bold, Duke of Bur 
 gundy, in 1477, became as it were an extension of 
 
MAXIMILIAN 1 . 
 
 Austria s territorial chain, which enclosed Flanders, 
 Tranche Conte, and all the Low Countries. Likewise the 
 ceremony of marriage of Ferdinand I. with Ann, sister 
 of Louis, King of Hungary and Bohemia, in 1521, was 
 but the seed sown for another national harvest for 
 Austria. That harvest became effectual on the death 
 of the said king, which event transpired at the battle of 
 Mohaez, in the year A. D. 1526; when Ferdinand gath 
 ered the two latter kingdoms into the great storehouse 
 of his empire. 
 
 Upon the history of the sixteenth century, the bold, 
 the enterprising, and ambitious Charles V. left his mark 
 indelibly stamped. His own ambitious designs roused 
 up the internal vigor of other nations more than the in 
 fluence of any other sovereign head in Europe. His 
 success was startling, and viewed with jealousy. The 
 acquisitions of Austria, in his day, were unequalled by 
 those of any other power. He was the great captain of 
 the age, in whom was embodied the advancing spirit of 
 the times. He was the ruler of half the world. He 
 was the great shining light among crowned heads, and 
 he shed his lustre on the surrounding kingdoms. His 
 knowledge of men was remarkable. He adapted their 
 talents and abilities to their proper sphere, as rcnrlilv 
 and as appropriately as a joiner fits his various pieces of 
 work together. 
 
 He was born at Ghent, on the 24th day of February, 
 in the year 1500. He was the son of Philip the Hand 
 some, Archduke of Austria, and grandson of Maximilian 
 and Mary, the latter being the only child of Charles 
 the Bold. 
 
 The blood of Charles Y. trickled down through the 
 veins of the late Maximilian, Emperor of Mexico, who 
 was not the only Maximilian that suffered imprisonment. 
 The grandfather of Charles V. attempted, with an in 
 adequate force, to take the city of Bruges, in 1488; the 
 
MAXIMILIAN. 1 1 
 
 result of which was, that he became imprisoned, but 
 afterward favored with his liberty by giving hostages 
 for his fidelity. 
 
 The increasing fear of other European States, occa 
 sioned by the territorial aggrandizement of Austria and 
 the feuds between Protestants and Catholics, produced the 
 Thirty Years War, that commenced in 1 6 1 8. The result 
 of its termination was the treaty of Westphalia, in 1648, 
 which secured the independence of the German States. 
 
 By the treaty of Utrecht, Austria gained the Italian 
 provinces, in 1713. 
 
 The power, the wealth, the lustre of Austria could 
 not protect its crowned heads from that fate which is re 
 served for all mortals. The last of the male line of the 
 House of Hapsburg answered the summons from the 
 grave, in the year A. D. 1720. That summons was 
 served on Charles II. In consequence thereof the suc 
 cession to that throne fell to his daughter Maria Theresa, 
 who was succeeded by her son, Joseph II. 
 
 Francis II., at the age of 24, became Emperor of Ger 
 many, King of Bohemia, Hungary, etc., having succeeded 
 his father, Leopold II., in 1792. Some of his claims and 
 pretensions were contested, and the field of battle be 
 came the forum of trial and decision. After three un 
 successful campaigns, at different periods, against the 
 French, he lost much of his territory. The decision 
 thereon, made by the sword, was registered by the pen, 
 in the treaty of Presburg. In 1804, he assumed the 
 title of Francis I., Emperor of Austria; and in 1806 
 yielded up that of Emperor of Germany. Thus, through 
 an unbroken line, male and female, did the House of 
 Hapsburg hold the dignity of the title of Emperor ot 
 Germany from 1437 until 1806, when the dissolution 
 of that great Germanic empire was recorded as an his 
 torical fact. 
 
 Francis doubtless thought that he had taken out a 
 
12 MAXIMILIAN. 
 
 policy of insurance when he gave the hand of his daugh 
 ter, Maria Louisa, to Napoleon I. in 1810. But the 
 premium paid produced no security. Francis found it 
 necessary to array himself against his son-in-law, in 1813, 
 on account of the unbounded ambition of the latter. He 
 united with Russia and Prussia, entered the field him 
 self against France, and there remained with his forces 
 until peace. The darkness which then overhung Europe, 
 was only dispelled by the glimmering light of the sword ; 
 and the gleaming thereof guided the pen that recorded 
 the treaty of 1815. By which treaty, not only did Fran 
 cis I. regain the greater part of his lost territory, but 
 cemented firmer than ever the contending elements of 
 the Austrian Empire. 
 
 Francis I. died in 1835, leaving the throne to his son 
 Ferdinand I., who, in consequence of the political revo 
 lution in 1848, the fatigue of State affairs, added to an 
 enfeebled state of health, decided to abdicate, at Olmutz, 
 the 2d of December of that year, in favor of his brother, 
 Archduke Francis Charles ; who on the same day trans 
 ferred his right to that throne to his eldest son, who 
 
 / . was declared to be of the age of majority at 18, and 
 / who is the present Emperor of Austria. The storm 
 f then gathering over the house of Hapsburg was threat 
 ening, and augured danger. Hungary refused to recog- 
 
 *l nize the new monarch, and constituted a Republic, 
 under Kossuth, April 14th, 1849, which was short in its 
 duration. By August, the superior force of Austria 
 U became victorious, and Hungary a conquered province. 
 Fickle-handed Fortune w^as not more constant to Austria 
 than to others. The Empire has lost beautiful Venice 
 the territory over which His Majesty Maximilian gov 
 erned a short period, with leniency, receiving on his de 
 parture evidence of affection and regret on the part of 
 the subjects therein. 
 
 Such is a brief outline of some of the noted changes 
 
MAXIMILIAN. 13 
 
 and conditions of the Austrian Empire and its rulers, 
 during a long period of centuries. This roll of Austrian 
 history we will here tie up. 
 
 The foregoing has been written that the mind of the 
 reader may be refreshened by a glance at some of the 
 prominent characteristic features of the history of that 
 country and family whence sprang the main subject of 
 this work. 
 
 If it may sometimes be said that, among the numerous 
 streams that flow from the same pure source, some, 
 whose waters are not limpid, may be discerned, it can 
 not thus be stated of that branch of the Hapsburg foun 
 tain which wound its way into the North American 
 Continent. That branch has dried up. The drying up 
 thereof caused millions of human tears to gush forth. 
 But whilst it ran it was crystal clear, and beneath its 
 radiant surface were seen the shining pebbles of Truth, 
 Honor, Justice, and Charity. 
 
 Let us drop the curtain over long-past events, and 
 bring up in review scenes of a nearer date. 
 
CHAPTER II. 
 
 MaximilianHis birth Family Imperial robe Personal description Edu 
 cation TravelsMarriage Letter from Estrada to Maximilian, 1861 
 His reply Farewell of Trieste to Maximilian His answer. 
 
 " His life was gentle ; and the elements 
 So mixed in him, that Nature might stand up, 
 And say to all the world, This was a man /" 
 
 SHAKSPEARE J. CLSAn 
 
 MAXIMILIAN, late Emperor of 
 -1- Mexico, who could trace a blood connection for 
 nearly six centuries with the ruling monarchs of Austria, 
 and who at an early period of life made the last move 
 on the great chessboard of nations, has been the subject 
 of much thought and the topic of much conversation. 
 Alas ! to many, the subject of sad thoughts, in mournful 
 silence. 
 
 It may be said that leaving the ancient grounds of 
 Imperialism, to found a new dynasty in the New World, 
 while the tide of Republicanism was rolling up to the 
 confines of the American Continent, was a great error 
 into which he fell ; but if so, it was an error of the head 
 and not of the heart. 
 
 Whatever may be the odium which some of the in 
 habitants within his new territorial sphere may have 
 heaped upon him, it cannot dim the lustre in which his 
 name will appear, not only to thousands of Mexicans, 
 but to the candid people of every other nation. His 
 character, like that of every other man of position, will 
 doubtless be traced in opposite colors ; for who has not 
 some enemies ? And who is perfect ? 
 
 " No human quality is so well wove 
 In warp and woof, but there s some flaw in it." 
 
MAXIMILIAN. 1 5 
 
 It was not his sin, but his misfortune that he was 
 caught in the eddy of betrayal, in which, by a breeze 
 from the atmosphere of vengeance, he was carried down. 
 From those who knew him well, he will receive a 
 righteous judgment. Let the now living read the evi 
 dence, before their sentence shall be recorded. 
 
 " According to his virtues, let us use him." 
 
 Whatever posterity may say, we can only surmise. 
 Let us hope that the present age will furnish them only 
 with the proper materials. 
 
 " The form of thought 
 Goes with the age the thought is for all time." 
 
 Maximilian was born in the palace of Schonburn, near 
 Vienna, on the 6th day of July, A. ix 1832. He was 
 the second son of Francis Charles, Archduke of Austria, 
 and of the Archduchess Frederica Sophia. His father 
 was born on the 7th day of December, 1802: his 
 mother, on the 27th day of January, 1805. They were 
 married November 4th, 1824. They are now living, to 
 mourn the loss of their renowned and affectionate son. 
 
 The eldest brother of Maximilian is Francis Joseph I., 
 present Emperor of the Austrian Empire, who was born 
 August 18th, 1830. The younger brothers are Charles 
 Louis, Archduke of Austria, born July 30th, 1 833 ; and 
 Louis Victor, Archduke of Austria, born May 15th, 1842. 
 
 In the first engraving we see Maximilian mantled in 
 his imperial robe of purple, united with the white er 
 mine. He has on a coat of dark blue, bearino- the 
 
 O 
 
 uniform of a Mexican general with decorations ; a scarf 
 with the Mexican eagle ; a sabre ; high military boots ; 
 his sceptre in his right hand, and crown resting on the 
 table behind it. That robe was never worn except for 
 the purpose of having his portrait taken in it ; which 
 
1 G MAXIMILIAN. 
 
 portrait was painted in Mexico, and from which photo 
 graphs were made ; and the engraving herein was copied 
 from one of those photographs. N"o State occasion ever 
 occurred on which it became necessary for Maximilian 
 to present himself in that imperial splendor of purple 
 and white, with crown and sceptre. Had any event 
 required that regal pomp, he would have graced in 
 stately style the robe, with all the dignity of Charles 
 V., united to far more gentleness of manner. But in 
 truth he had no anxious desire to dress in gorgeous 
 pomp. He dressed plainly, and the insignia of rank were 
 only exhibited when time and place, by the rules of eti 
 quette, demanded it. 
 
 Maximilian was about six feet and two inches in 
 height, well-proportioned, light complexion, large blue 
 and penetrating eyes, high and broad forehead, and 
 rather large mouth ; his hair was light flaxen-color, and 
 rather thin in quantity, which he parted in the centre 
 of his forehead, and also in the middle of the back part 
 of his head, brushing the same forward. His whiskers, 
 moustache, and goatee, were lighter colored than his 
 hair, and very long ; particularly the goatee, which he 
 parted in the centre of his chin and twisted each half to 
 its respective side, turning the same under, thereby 
 making its length not clearly observable. He possessed 
 a fine, intelligent, and commanding look ; stood straight, 
 and withal had a pleasantness of expression. He was 
 favored with a natural kindness of temper an urbanity, 
 elegance, and refinement of deportment, which, it may 
 be said, would be expected from one who had received 
 the advantages of a familiar intercourse with the highly 
 polished personages of the European Courts. Yet it 
 may well be remarked, that Nature gave him a greater 
 share of mildness of temperament than is allotted to the 
 majority of mankind. That quality was apparent on all 
 occasions, and it made him troops of friends. 
 
MAXIMILIAN. 17 
 
 He spoke German, English, Hungarian, Slavonic, 
 French, Italian, and Spanish. Prince Esteraze was his 
 teacher in the Hungarian language ; Count de Schny- 
 der, in mathematics ; Baron de Binther, in diplomacy ; 
 Rev. Mr. Myre, in religious instructions ; and for some 
 time by Vice- Admiral Thomas Zerman, in naval tactics 
 and the Italian language. All of said teachers, except 
 the latter, are now living. 
 
 If it be true, as generally remarked, that the influence 
 of the mother shapes the mind of the child, more than 
 that of the father, Maximilian had a very superior in 
 structor in every point of view. His mother possesses 
 a mind of rare endowment ; great natural qualities com 
 bined with extraordinary and varied attainments, ac 
 quired by attentive observation, and a severe training 
 of her mental faculties. Her great ambition, and the 
 pride that would naturally spring from her position, 
 could not have failed to stimulate her to extend an ever 
 watchful care over the physical and mental being of 
 her son. 
 
 Maximilian, although surrounded by royalty and 
 wealth, was not the associate of idleness. His youthful 
 mind was exceedingly active ; and no less so were his 
 bodily movements. He was accustomed to perform 
 those athletic feats that strengthen the muscles, and 
 which are requisite for great mental vigor. His mother 
 had not forgotten that nature provides that in the earlier 
 growth, the frame-work must be well constructed, in order 
 to support the later growth in harmony and health. 
 
 It was observed in him at an early age, that he pos 
 sessed a strong relish for books. The rapidity with 
 which he garnered up knowledge into the storehouse 
 of his mind, gave conclusive evidence of talent, of clear 
 ness of thought, and of great ambition. And as he be 
 came of that age when he was able to discern his own 
 position, he began to fix his attention upon a future 
 
1 8 MAXIMILIAN. 
 
 fraught with the elements of success, and to mark out a 
 road that might lead safely to it. Although he could 
 only conjecture as to his future destiny, he cherished 
 exalted views, and resolved to so adorn his mind that it 
 would be able to reflect lustre in any position that might 
 perchance fall to his lot. He looked back along the 
 line of his ancient family, and saw the bright intellectual 
 lights at their respective stations : then ambition flamed 
 his own mind as he wheeled about and fancied he saw 
 posterity gazing at him, in the regular order of that 
 same line. 
 
 He was most laborious with his books ; his knowledge 
 was varied ; he delved into the abstruse sciences, fami 
 liarized himself with ancient and modern history, and, 
 as has been stated, his attainments in linguistics were 
 of a high order, having been well instructed in the dead 
 as well as the living languages. As he had determined 
 to prepare himself for the navy, he made the science and 
 art of navigation special studies. He entered the Aus 
 trian navy at an early age, and received a most severe 
 training in the tactics and practice pertaining thereto. 
 His proficiency soon became remarkable ; and he was 
 made a lieutenant at the age of eighteen. Although 
 thoroughly drilled in solid studies, he was possessed of 
 the love of aesthetics ; he admired the beauties of art, 
 and for them, he cultivated, with an increasing appetite, 
 his taste. 
 
 At an early age he acquired a desire to travel to 
 compare what fancy had drawn, with the originals in 
 other lands. It was a pleasant relish to feed his mind 
 upon the beauties of statuary, architecture, poetry, and 
 painting. His mind was such a storehouse of ancient 
 and modern learning, that he was prepared to drink in 
 the exquisite beauties of art. He thought of Greece and 
 Kome as great galleries of fine arts. At the age of six 
 teen he visited Greece. And there he could spend hours 
 
MAXIMILIAN. 10 
 
 gazing on those ancient statues modelled to deify the 
 human form, and trace their well-defined outlines, their 
 beauties; and then pause for a moment and contem 
 plate the character of the race, which so long ago so 
 exquisitely used the chisel. 
 
 Leaving Greece, he visited Italy, Spain, Portugal ; 
 thence he travelled to the island of Madeira, crossed the 
 African provinces, studied the character of the country, 
 the people, their colonization system, and their forms of 
 government. He had a keen perception, a polished 
 mind, such as is ready to take correct impressions of 
 what he saw. He had sufficient knowledge to travel 
 with : so that he was able to bring back more. The richly 
 colored tales that had been woven about fair Italy, her 
 arts, her entombed artists the land of the Ca?sars had 
 fascinated and charmed his youthful mind ; and it was 
 with eagerness, with enthusiasm, that he held the ideal 
 picture beside the real. He Avell knew that while curi 
 osity was excited, his knowledge was increased. If 
 he had been in error concerning the realities, he now 
 dropped the errors as he detected them. 
 
 After his return home, he applied himself more to the 
 study of marine duties. In 1854, he sailed as commander 
 in the corvette Minerva, on an exploring expedition 
 along the coast of Albania and Dalmatia. 
 
 While riding out one day at Trieste, his horse fell 
 down with him, bruising him considerably, causing 
 the blood to flow rather profusely, and rendering him 
 for a time senseless. After recovering his proper state 
 of mind, and feeling about a little, and finding that he 
 was in the house of a ship-caulker, where he was kindly 
 treated, he wished to pay the occupiers of the house 
 some compliment ; and in perfect keeping with his good 
 nature, he observed to them that he would like to re 
 main there until he became well, adding that in no other 
 place would he be so well cared for. 
 
20 MAXIMILIAN. 
 
 Afterward, while on the Minerva, he received a com 
 mission as Vice-Admiral and Commander-in-chief of the 
 Austrian navy, which caused him to return immediately 
 to Vienna. 
 
 The summer of 1855 found Maximilian ready for an 
 other pleasure-tour. He boarded the Admiral-ship, 
 StMtrteenberg, and accompanied by a fleet of seventeen 
 sail, steamed for Candia, the Archipelago, and coasted 
 along Syria; traversed Lebanon, the Holy Land, to 
 Jerusalem. Thence he sailed for Alexandria, in Egypt. 
 After a short visit there, he proceeded to Cairo and 
 the Pyramids; thence to Memphis and the Red Sea, 
 not failing to closely observe the preparatory works 
 of the then contemplated canal across the Isthmus 
 of Suez. And as he stood gazing upon the apex of 
 the mighty Cheops, viewing on the one hand the vast 
 desert, and on the other the luxuriant vesture of the 
 Valley of the Nile, the view might have suggested to 
 his mind, that it was emblematical of royalty and pov 
 erty side by side. 
 
 After bidding farewell to the sandy desert, he returned 
 home. 
 
 In 1856, he visited the Emperor of France, spending 
 over two weeks at the palace of St. Cloud. The time 
 there was doubtless passed most agreeably ; and their 
 mutual friendship increased with the visit. Whether 
 ten years time produced the snapping asunder of the 
 chain of friendship that bound them, is not for me to 
 say, as I wish to do no injustice to Napoleon, nor the 
 memory of the departed, nor his friends. Some are of 
 opinion that while Napoleon sat comfortably and se 
 curely in Paris, and Maximilian on the weak throne of 
 Mexico, the cord of friendship would have been greatly 
 strengthened by threads of silver an article so much 
 needed and expected by the latter. 
 
 After that visit with Napoleon had been finished, 
 
MAXIMILIAN. 2 1 
 
 Maximilian proceeded through Belgium and Holland to 
 Northern Germany ; also to Southern Germany and the 
 banks of the Rhine, admiring with intense interest the 
 beauties presented to the view in those densely populated 
 regions, where art and nature had combined in forming 
 the useful and the beautiful. 
 
 That Maximilian was excessively fond of travelling, 
 we have already had ample proof: that he profited by 
 it, is equally clear. While the scenes of Belgium and 
 the Rhine were still freshly pictured in his memory, he 
 returned again to glance at the originals. In 1857, he 
 glided upon the beautiful waters of the Rhine, where 
 the works of the ancients and moderns stand out in bold 
 contrast. His eyes caught this and that ancient castle ; 
 and while thus closely viewing the footprints of Time, 
 he turned his thoughts inwardly and looked upon a page 
 of memory, and read the date, the history of the walls 
 and grounds of many a contest that lay before him the 
 lords and knights all steeled in armor, who mingled 
 there in the affray. And may he not have said : " What 
 one of Hapsburg was there ?" 
 
 He passed thence into Lombardy and Central Italy, 
 and then to Merry Old England, where he passed an 
 exceedingly pleasant time, judging from the manner in 
 which he spoke of Queen Victoria. He never mentioned 
 her name but in the greatest kindness in my presence. 
 When there, he felt that he was among true friends. 
 Taking his departure therefrom for the second time, he 
 found himself in Belgium. That busy land soon came 
 to be the centre of his attractions. He had before ob 
 served there the works of art with much interest : that 
 densely thronged country, where nearly every foot of 
 land is cultivated, had agriculturally drawn his atten 
 tion. But now there was something of more importance 
 than all those. The object was not the skill of art 
 No ! art could not adorn it. It illuminated his whole 
 
22 MAXIMILIAN. 
 
 being. He felt the heart-strings pull. They led him 
 always to the house of royalty. It might be said that 
 his rank and position would lead him there ; that is true, 
 but his stays were longer. If he left, his heart prompted 
 him to return forthwith. The great charmer was there. 
 To him, all that was lovely, divinely beautiful, were em 
 bodied in the Princess Maria Charlotte Amalia. On the 
 ^2d of July, 1857, Count Arquinto, imperial ambassador, 
 in solemn audience, in behalf of Maximilian, asked King 
 Leopold I. for the hand of his daughter, Princess Chai> 
 lotte. The request was granted, and during that same 
 month they were married. That ceremony was not 
 merely an imperial tie it was a linking together of two 
 happy, loving hearts. "1 The waters of two meeting 
 streams do not more harmoniously mingle into one, than 
 did those two hearts/) 
 
 The brightest jewel in his crown was her love. It 
 threw its dazzling rays all over and around him. Its 
 brilliancy never lessened. If darkness was apparently 
 about to cast a shade over his path, the lustre of that 
 jewel dispelled itVln the summer of 1857 he was made 
 ^Governor-General of Lombard- Venice, in which position 
 he remained until July, 1859 ; still holding that of Supe 
 rior Commander of the Austrian navy. No man ever 
 reigned over that country more beloved by its people 
 than Maximilian. He suggested many reforms in the 
 administration of affairs in that kingdom. He was re 
 markably liberal in his views, and he exhibited there 
 high qualities a-s a statesman. His keen foresight, his 
 plans, his real desire to benefit the people, and their at 
 tachment for him, were not unobserved by Count de 
 Cavour, who once remarked that " Archduke Maximilian 
 is the only adversary I fear, because he represents 
 the only principle that can forever enchain our Italian 
 cause." 
 
 "Whenever any great affliction fell upon the people, or 
 
MAXIMILIAN 23 
 
 any part of them, he was the first to render succor. At 
 the great fire in Chigrenlo, he cheered up the men, lest 
 they should sink back in despair at the progress of the 
 frightful elements. And when the Po, the Ambro, the 
 Ticino, came surging over their banks, spreading devas 
 tation around, he darted off in a frail bark to give aid 
 to the unfortunate who had neither food nor shelter. 
 Nor did the cold snows and icicles of the Alps deter 
 him from ascending thereon to visit Valtelina, as hunger 
 was gnawing away at human hearts. When disease 
 carried death to the silkworms, with such fury that the 
 silk-looms of Lecio stopped their motion, and left willing 
 workers idle and in want, Maximilian did not forget to 
 perform works of charity, which, to him, were always a 
 pleasure. 
 
 On the sixteenth day of September, 1857, he and the 
 Archduchess Carlotta made their grand entrance into 
 the city of Milan. The populace were wild with excite 
 ment ; shout after shout, mingled with music, were 
 deafening to the ear. Scarcely ever did that city give 
 such a universal shout of welcome to mortal man. His 
 residence there did not lessen their affection for him, but 
 only increased it. 
 
 The Italians watched him with pleasure, mingled with 
 surprise ; for no Austrian, in their judgment, had ever 
 extended so generously the hand of charity, or viewed 
 them with so much good-will. His own generous heart 
 was his bodyguard. He needed no other, even in times 
 of political excitement , although he had some enemies 
 from his position. He was always shielded with the 
 armor of generosity. About the time of the contempla 
 ted assassination by Orsini, he was told that some parties 
 would seek an opportunity to throw a bombshell under 
 his carriage ; and many of his friends begged him not 
 to attend the theatre. Although thankful for the inter 
 est those friends had taken in his welfare, their entreaties 
 
24 MAXIMILIAN. 
 
 lie considered of the same importance as the threats of 
 the public agitators. As he entered his carriage with 
 Count de Stromboli, having no escort to guard them, 
 he remarked, "If we jump, it will be in good com 
 pany." 
 
 He showed the populace what confidence he had in 
 their friendship. It was not misplaced. They felt a 
 pride in sustaining it. Among the aristocracy some 
 hostile feelings were fomenting against him. An organ 
 ization had been made to vent their spleen upon him in 
 the Piazzetta. He made up his mind to stem the cur 
 rent, that he might learn its force. He, with the Arch 
 duchess Carlotta, walked among the group of malcon 
 tents, with a firm step ; the crowd parted like the Red Sea 
 when the Israelites passed through. After about an hour s 
 promenade they returned to their palace of San Marcos, 
 followed by an immense crowd, that cheered them with 
 great enthusiasm. No living man, not an Italian, could 
 have governed there without having enemies ; and, prob 
 ably, no foreigner could have reigned with as few ene 
 mies as he. 
 
 The desire of the Italians and Maximilian to preserve 
 the works of the fine arts was mutual. The works of 
 those great masters, their ancestors, were the artistic 
 and historic monuments of the Lombards and Venetians. 
 And he whose pride and pleasure mingled with their 
 own in that work of preservation, was their friend, and 
 they his. 
 
 The cities of Venice, Milan, Como, and other places, 
 bear test of his beneficial improvements in their streets, 
 canals, public gardens, and their cleanliness. 
 
 The city of Pola is greatly indebted to Maximilian 
 for its resuscitation. He caused several edifices to be 
 constructed there, planted gardens, built a large dike, 
 an aqueduct, an arsenal, and three docks. ^After the 
 expiration of the term of his governorship in Italy, he 
 
MAXIMILIAN. 5 
 
 paid much attention to the improvement of the navy, 
 and made the fleet of Austria, in proportion to its size, 
 not inferior to any in Europe.^) 
 
 After the war in Italy, and about the middle of No 
 vember, 1859, he made a voyage to Brazil, and returned 
 home in the forepart of the month of April following. 
 
 It is apparent from my foregoing observations, that 
 Maximilian s range of study and reading was extensive. 
 And while he thus drew from so many well-springs of 
 knowledge, he considered that he himself might impart 
 to others from his well-moulded thoughts, ideas of in 
 terest and of value. His linguistic attainments showed 
 an aptness for the learning of languages ; and this fact 
 itself, is some evidence that the expression of his 
 thoughts in writing would be in no inelegant form. He 
 has presented the proof of my assertion, in the various 
 works which he wrote in the feermaiT) language; al 
 though not written for the purpose ofpublic distribu 
 tion and sale, but for his own use and gratification, and 
 the pleasure of his particular friends. A few copies 
 were printed by the government of Austria, at Vienna ; 
 some of which were circulated among his friends and 
 acquaintance. Since the death of Maximilian, it has 
 been decided to extend their publication, for the purpose 
 of sale to the public. Those works are the following : 
 Sketches of travels, known as " Italy," " Sicily," " Lisbon 
 and Madeira," " Spai^," " Albania and Algiers," " Voy 
 age to Brazil," " Aphojrisms," "Objects of a Navy," 
 "The Austrian Navy:" also two volumes of poetry, 
 which I believe have never been published. German 
 scholars, who have had an opportunity to peruse some 
 of the foregoing books, have pronounced them works 
 highly creditable to the author, not only as to the prin 
 ciples advanced, the deep thought and argumentative 
 style in some of them, but also for the elegance of dic 
 tion in which they are clothed* 
 
 <> 
 
#& 
 
 /, 
 
 MAXIMILIAN. 
 
 It appears that some of the Mexican people had, at an 
 early date, and long More their deputation first pre 
 sented themselves at (MiramarJ addressed His Imperial 
 Highness Maximilian upon the subject of his occupancy 
 of "a throne in Mexico. The following letter Avas the 
 first correspondence upon that subject, and was written 
 by Seiior Gutierrez de Estrada, on behalf of himself and 
 many other Mexicans : 
 
 " PARIS, October 30th, 1861. 
 " PKINCE : 
 
 " With profound respect, the undersigned have the 
 honor to address Your Imperial and Royal Highness, 
 in testimony of the deep feeling and sincere gratitude 
 which they have felt, on learning that Your Imperial 
 and Royal Highness was animated with the most gen 
 erous sentiments toward our unfortunate country. 
 
 " Mexico, the s^>oil of intestine convulsions, renewed 
 without cessation, and of disastrous civil wars, in conse 
 quence of the rigid adoption of a political system diametri 
 cally opposed to the customs, traditions, and dispositions 
 of her people, has never enjoyed, so to speak, a moment s 
 repose since the day in which, forty years ago, she occu 
 pied her place among independent nations. So then, 
 her people will bless, from the bottom of their hearts, 
 whoever shall have contributed to extricate the country 
 out of the horrible state of anarchy into which it fell 
 many years ago, and shall give it again life and happiness. 
 
 " What would, then, be their joy if they should be 
 hold in such a glorious undertaking the co-operation of 
 a Prince a descendant of one of the most noble, illus 
 trious, and ancient dynasties of Europe, and who, with 
 the prestige of such an elevated origin, of so eminent a 
 position, and of such personal qualities universally ac 
 knowledged, should so powerfully support the great 
 work of the regeneration of Mexico ! 
 
** 1 
 
 .>*/ 
 
 M&3T 
 
 27 
 
 "The undersigned have expressed their wishes, be 
 cause they believe that work might be realized soon, 
 under the auspices of Your Imperial and Royal High 
 ness, and because such may be the will of the Almighty. 
 " The undersigned have the honor to subscribe them 
 selves, with the most profound respect, 
 
 " Your Imperial and Royal Highness 
 
 " Obedient servants, etc." 
 
 The foregoing letter was answered by the Archduke, 
 with the response which here follows, directed to Seiior 
 Estrada : 
 
 " SIB : 
 
 " I received the letter signed by you, for yourself 
 and various others of your countrymen, and which you 
 sent me, bearing date the 30th of October last. I hasten 
 to express to you, and beg you to transmit to those gen 
 tlemen, my gratitude for the sentiments of respect to 
 me, which that letter attests. 
 
 "The welfare of your beautiful country has always 
 interested me, certainly ; and if, in effect, as you appear 
 to suppose, its inhabitantSj aspiring to see founded 
 among them an order of things which, through its stable 
 character, could restore internal peace to them, and 
 guarantee their politic^aijn^lependence ; and should they 
 believe me able to ^w^irjjmU^in securing these advan 
 tages, I should be ^lisposcdjto take into consideration 
 the wishes they might present me, with that view. But 
 for me to think of assuming an undertaking surrounded 
 by so many difficulties, it would be necessary, before all, 
 that I should be very certain of the will and co-operation 
 of the country. My co-operation in favor of the work 
 of governmental transformation, on which depends, ac 
 cording to your convictions, the salvation of Mexico, 
 could not be determined, unless that a national manifes- 
 
28 MAXIMILIAN. 
 
 tation should prove to me, in an undoubted manner, the 
 desire of the nation to see me occupy the throne. 
 
 "Then, only, would my conscience permit me to unite 
 my destinies with those of your country, because then 
 only could be established, from its beginning, my power, 
 in that mutual confidence between the government and 
 the governed, which is in my eyes the most solid basis 
 of empires, next to the blessing of Heaven. 
 
 " Lastly, whether or not I may be called to exercise 
 the supreme authority over your noble country, I shall 
 not cease to treasure a very agreeable recollection of the 
 step which you and the other signers of the letter to 
 which I refer have taken towards me. 
 
 " Receive, Sir, the proof of the 
 
 " sentiments of estimation, etc. 
 
 " CASTLE OF MIKAMAR, December 8th, 1861." 
 
 The mind of the reader will doubtless continually 
 have in view tw^jquestions, pertaining to the acts of 
 Maximilian concerning Mexico. First, whether, in his 
 heart, he desired to act in harmony with the will of a 
 majority of the Mexican people ; and second, did he 
 believe that such a majority were in favor of his occu 
 pying the throne of Mexico ? 
 
 Every declaration which he made upon the subject of 
 accepting the crown, clearly and unmistakably stated 
 that no such consent co>ildcoflre from his lips, unless 
 there was satisfactory evidence produced, showing em 
 phatically that a majority of the Mexicans desired him 
 as their ruler. And in further support of that position 
 on his part, I will here call the attention of the reader 
 to a fact, unknown to but a few persons. 
 
 In March, 1864, Maximilian, while at Brussels, pro 
 cured a gentleman to proceed to Mexico, and to com 
 municate certain facts to Mr. Juarez. In order that 
 there should be something more certain than oral dc- 
 
MAXIMILIAN. 29 
 
 clarations appertaining thereto, Baron de Pont, coun 
 sellor of Maximilian, at the request of His Imperial High 
 ness, wrote a letter addressed to the above-mentioned 
 gentleman, bearing date March 16th, 1864, Bellevue 
 Hotel, Brussels, wherein was set forth the following 
 facts: That Maximilian did not wish to force himself 
 upon the Mexican people by foreign troops, against the 
 will of the people ; that^he did not wish to change or 
 make for them any political system of government con 
 trary to the express wish of a majority of the Mexicans ; 
 that he wished the bearer of the letter to say to Mr. 
 Juarez, that he, Maximilian, was willing to meet Mr. 
 Juarez in any convenient place, on Mexican soil, which 
 Mr. Juarez might designate, for the purpose of discuss 
 ing the affairs of Mexico, in an amicable manner ; and 
 that doubtless an understanding and conclusion might 
 be reached wholly in unison with the will of the people. 
 
 The said gentleman went to Mexico, saw Mr. Juarez, 
 stated his mission, and gave a copy of said letter to him. 
 Mr. Juarez replied that he could not consent to any 
 meeting with Maximilian. 
 
 The letter to which I refer was written in French, 
 and I read it; and unless it is a forgery, which I do 
 not believe, it is strong_e_y4dence in favor of Maximilian s 
 good faith. I have been unable to ascertain any facts 
 which in the slightest degree disprove an honesty of 
 intention upon his part. ** * 
 
 In April, 1864, after the word "farewell" had been 
 exchanged between the two august princes and their 
 families, and particular friends, the people came in large 
 numbers to the palace of Miramar, on and after the 10th 
 of the month, to say a parting " good-bye." Commission 
 ers from the neighboring provinces also came to tender 
 an affectionate adieu to their majesties. The true feel 
 ings of the inhabitants of Trieste, on that important 
 departure, was happily expressed in one of the journals 
 
30 MAXIMILIAN. 
 
 of that city, of the date of the 10th of April, wherein 
 the Emperor was tenderly and sympathetically addressed 
 as follows : 
 
 " SIRE : 
 
 " The word f adieu, 9 which was said, resounds in 
 every heart, and is on the lips of all the good citizens 
 of this city. If adieu adieu to the best of princes. 
 Citizen of Trieste ! by your noble and magnanimous 
 will, these shores, this port, and these delicious villas 
 have been the objects of your predilection. 
 
 " You have given all your heart to this people, who 
 love you as a father loves his son, with all the power of 
 his soul. This people is the one who gives the most 
 painful adieu this people, whose love will follow you on 
 the waves of the ocean on which you are going to place 
 yourself, will accompany you with all its feelings of 
 gratitude to the other side of the sea; this people, 
 who is saying adieu, feel a pain in losing you, after hav 
 ing had the pleasure of your company so many years. 
 
 " When you are far from here, Sire, when the imperial 
 crown circles your brow, which was given you by a 
 nation full of enthusiasm and hope ; when, after the 
 cares of the throne, and the perturbation of politics, 
 shall be seen to nourish, in their order, peace, work, and 
 >rosperity, the fruits of your efforts and your wisdom, 
 lay it please Heaven, Sire, that there shall resound for 
 ever in your ears this adieu which accompanies Your 
 Majesty to the other side of the seas this adieu, which 
 is that of a people who have loved you ; an adieu from 
 the country that weeps your absence an affectionate 
 adieu of a noble city where you leave such sweet and 
 pious recollections. 
 
 "Here, you leave brothers in arms, intrepid mariners, 
 soldiers, who have learned from you how to serve and 
 love their country. On the other side of those moun- 
 
MAXIMILIAN. 31 
 
 tains which separate us from the empire, beyond those 
 seas, everywhere, you will leave tender and noble recol 
 lections. All the Austrians say with us this adieu to 
 the excellent prince, to the loved brother of our beloved 
 emperor. Here is remembered your charity, there your 
 greatness, and everywhere your magnanimity. 
 
 " There is no heart that does not treasure your quali 
 ties, and those of your august companion, who is called 
 to participate with you in the love and the blessings of 
 a whole people ; to second you resolutely in the work of 
 your regeneration ; to cultivate your happiness, and to 
 conquer your affections. 
 
 " The inhabitants of Trieste will continue their pere 
 grinations around Miramar; and at the sight of its 
 groves, of its splendid habitations, of its magnificent 
 terraces, which command this sea so often furrowed by 
 your ships, they will remember your receptions, so full 
 of grace and affability ; and they will bring to memory 
 the thousand times that they have been your honored 
 guests. 
 
 " Miramar, your cherished retreat, is reflected in the 
 waters that bathe Trieste. Between Miramar and this 
 city exist bonds of affection that can never be broken : 
 this affection runs in the blood of the people, and will 
 be transmitted to our sons. 
 
 " He who has been an excellent prince, will be an ex- 
 cellent sovereign. Mexico has just extricated herself 
 from sad discords ; that people feel sensitive still, per 
 haps, on account of the asperity of their origin ; being 
 haughty and affected, even from ancient national pride, 
 they have something of the virgin nature of their vast 
 territory. The task undertaken by Ferdinand Maxi 
 milian is difficult, arduous, great ; he will know how to 
 accomplish it. 
 
 " This victory, O generous Prince, will be the most 
 glorious, and the most enviable, and its value to you 
 
32 MAXIMILIAN. 
 
 will be the gratitude of a whole regenerated people. 
 You will place quietude on the pa.ssions ; your virtues 
 and your heart will secure your triumph. 
 
 " Adieu, then, in the name of all the people of Trieste. 
 May the heavens be propitious for you, and may they pro 
 mote the accomplishment of your ardent desires, mak 
 ing the country prosper that has selected you to preside 
 over its destinies. You carry with you the benedictions 
 of a people that will never forget you in their hearts ; 
 who will associate themselves with your glorious enter 
 prise, and will ask God to assist you with His inspirations. 
 We never could have desired to give you this adieu; 
 We should always have preferred to keep you, tranquil 
 and happy, in our midst. But since Your Majesty is 
 called to pacify a people, to regenerate a vast country, 
 to help it to fulfil its high destinies, may the hand of 
 God guide you ; may the work of Your Majesty be holy 
 and blessed. 
 
 " Adieu ! May the heavens protect you and your 
 august companion ! May they concede to you, and to 
 the people that await you, all the fortune that you have 
 known how to give to those who, for the last time, say 
 to you from the bottom of their hearts, Adieu !" 
 
 As we read such a farewell to His Majesty, from the 
 people of a great city that have known him long and 
 well, what must be our conclusions as to the character 
 of the man ? 
 
 Not only did they know him as a man, but as a prince, 
 as a governor. A man placed in his position, with his 
 power, over that same people, must have acted wisely, 
 humanely, and justly, as is evidenced by their united 
 voice. Had he acted otherwise, no such burst of aifection 
 could spring forth from their hearts. The words them 
 selves make it self-evident that they came not from the 
 surface, but from the very depths of the Austrian heart. 
 
MAXIMILTAK. 33 
 
 Those words of love and affection escaped not the 
 mind of Maximilian ; they touched the cords of sym 
 pathy, and they vibrated. And as they moved in har 
 mony with his gentle thoughts, he wrote to Dr. Charles 
 Porenta, the Podesta (or mayor) of Trieste, as fol 
 lows : 
 
 " MY DEAR PODESTA : 
 
 " In the moments of parting, full of confidence in 
 the assistance of Heaven, to place me at the head of a 
 distant empire, I cannot do less than send a sad and 
 last adieu to the dear and beautiful city of Trieste. I 
 have always professed profound affection for that city, 
 which in a certain manner has become my country ; and 
 on abandoning Europe, I know how dear are the recol 
 lections of gratitude which link me to that city. Never 
 shall I forget the cordial amiability of its inhabitants, 
 nor the proof of adhesion which has been given to 
 my house and to my person. This recollection will fol 
 low me to the foreign land as a strong consolation, and 
 as a happy augury of the future. It will always be 
 grateful to me to know that my garden of Miramar is 
 visited by the inhabitants of Trieste; and I wish that it 
 may be open for that purpose, whenever circumstances 
 may permit it. I desire that the poor may preserve a 
 memorial of my affections ; and I have placed the sum 
 of twenty thousand florins, so that the interest thereon 
 may be distributed every year, on Christmas Eve, among 
 the poor families of the city; which distribution will 
 be made by the City Council. As to you, Sir, Dr. Charles 
 Porenta, I decorate you with the cross of Commentator 
 of the Order of my Empire. 
 
 " MAXIMILIAN." 
 
 Thus cursorily have I chronicled the European Jife of 
 Maximilian. As we trace it through, we are not uncon~ 
 
 2* 
 
34 MAXIMILIAN. 
 
 scions of the fact, that the construction of his mind 
 well fitted him to please. And though moving beneath 
 the robes of royalty, he so pursued his course of life, 
 that the light of friendship threw its cheering rays all 
 around him. 
 
 We will soon follow him across the trackless ocean. 
 
CHAPTER III. 
 
 Carlota Her birth Genealogy of family Education Personal description 
 Marriage Life in Italy In Mexico Her derangement Cause of it Late 
 residence in Belgium Palace of Tervueren. 
 
 E frame that includes the biographical portrait of 
 - His Majesty Maximilian, would present a blank 
 space if the characteristic features of his august spouse, 
 the lovely, the beautiful, the accomplished, and much- 
 beloved Carlota, were not portrayed by his side, in their 
 true colors. We cannot think of His Majesty without 
 having the vision of the Empress rise up before the 
 mind s eye, as though she were a part of the same being. 
 Scarcely one of her sex has attracted equal attention in 
 the present age. The dazzling splendor of her virtues 
 has caused unbounded praises to be lavished upon her, 
 while her misfortunes have grieved the hearts of millions. 
 She is a descendant of Henry IV. of France, who per 
 haps was one of the best rulers France ever had, since 
 Louis IX. He fell by the hand of the assassin, the / 
 fanatical Kavaillac, May 14th, 1610. Her father was J 
 Leopold L, of Belgium, who was born December 16th, 
 1790, and was the son of the Duke Francis of Saxe 
 Cobourg Saalfelde. He was naturalized in England, 
 March 27th, 1816, and married May 2d of the same 
 year to Princess Charlotte Augusta, daughter of George 
 IV., of England. He received at that time a pension 
 of fifty thousand pounds sterling, the title of Duke of 
 Kendal, and the rank of a prince of the blood. 
 
 It was not long thereafter before he was deprived of 
 that lovely companion. She died in childbirth, Nov. 
 5th, 1817, the child non-surviving. 
 
36 MAXIMILIAN. 
 
 In 1832, August 9th, he again married, uniting him 
 self to Louise Maria Theresa Charlotte Isabella de Or 
 leans, daughter of Louis Philippe, King of France. It 
 was his fortune to enjoy the companionship of the sec 
 ond far longer than that of the first wife ; but before a 
 score of years had rolled away, she, too, bid farewell to 
 all there is of earth, on the llth of October, 1850. 
 
 He had by his last wife the following issue : Leopold, 
 Duke of Brabant, now King Leopold II. of Belgium, 
 who was born April 9th, 1835 ; Prince Philippe Eugene 
 Ferdinand Marie Clemente Bandonin Leopold George, 
 Count of Flanders, born March 24th 1837, and was 
 Major-General and Honorary Commander of the Regi 
 ment of Guides; and the Princess Maria Charlotte 
 Amelia Auguste Victoire Clementine Leopoldino, born 
 Jiyic 7th, 1840, and who is Carlota, ex-empress of Mex 
 ico Her lather, Leopold I., was a man of rare scholastic 
 attainments ; and was not ignorant of that science and 
 that art requisite to make skilful moves on the military 
 chessboard. He was termed the Nestor of kings. He 
 expired in December, 1865. He was then the oldest 
 sovereign in Europe. 
 
 The mother of the Empress Carlota was known by 
 the appellation of the Holy Queen. As she died in 1850, 
 it was not her pleasure to long watch over the advancing 
 years of her lovely daughter, who, nevertheless, became 
 a bright ornament even among princesses. 
 
 Carlota was born at the palace of Laeken, which is 
 about fifteen miles from Brussels, on the 7th of June, 
 1 840 ; and never passed over six months of her life in 
 France, although she is called French. The French 
 tongue is her vernacular. 
 
 Nearly eighteen years ago, the promenaders that saun 
 tered through the public park of Brussels, frequently 
 observed a charming and attractive little girl, the pic 
 ture of beauty and loveliness, accompanjecl by her two 
 
MAXIMILIAN. 37 
 
 little brothers, a preceptor, and governess. She was 
 plainly dressed, wearing a broad-brim straw hat, a short 
 dress, and white pantalettes; and under her coiffure, 
 on each side, could be seen her neatly braided hair. 
 That her appearance of beauty and innocence should 
 not be lost to memory, the skill of the artist was 
 brought into requisition, and her portrait, as she was 
 then dressed, was taken ; which may now be seen 
 in one of the private apartments of the palace of Brus 
 sels. She was usually then seen, when promenading, 
 with a little hoop in her hand, which she never 
 rolled. The little bright-eyed and rosy-cheeked girl 
 wishfully looked upon the various groups of children 
 which she chanced to meet, anxious to join them in their 
 innocent pleasures. But, no, that was not allowed, 
 the governess said, No. She then doubtless wished 
 that she had no teacher to control her, as she saw no 
 good reason why the freedom of others should not be 
 allowed to her. Her little party never seemed to stop 
 nor run, but gravely walked on with a measured tr 
 
 The former part of the life of those children was not 
 a gay one. At home, in the palace, during the lifetime 
 of their mother, they were taught to pray, and all the 
 principles of religion which their youthful minds were 
 capable of receiving, were instilled into them. The days 
 of reception were not play-days to those youths ; the 
 lessons of Christianity were dispensed with, only to let 
 those of etiquette be given in their stead. As visitors 
 entered, they found the little princess by her mother s 
 side ; and as salutations were given and received, the 
 bright-eyed daughter did not fail to act her part. The 
 rank and dignity of the different personages were soon 
 known to her, and the respective salutations due to each. 
 
 The young princess never seemed to have a playmate 
 of her own age. She saw no one around her save the 
 ladies of honor, whom her father had chosen for her 
 
38 MAXIMILIAN. 
 
 mother. Their conversation was principally upon reli 
 gious topics, or matters of importance. And yet with 
 all the apparent severity and strictness of her mother, 
 the princess was the object of that parent s deepest affcc- 
 tion, who doted upon and idolized that daughter. It 
 was the Christian virtue, the honest pride of that good 
 mother s heart, that caused her to watch with a jealous 
 care every act and word of that young and tender heart, 
 that was destined to attract the world. But while that 
 young princess was in the bud of life, the genial rays of 
 that mother s affectionate heart ceased to shed their 
 holy influence over her. She saw that mother on the 
 couch of death, and heard her last affectionate farewell, 
 which fell upon her ear like the music of a sad dream, 
 mournfully sounding, long after that Spirit of Love had 
 entered the heavenly portal. After that sad bereave 
 ment, the broken-hearted princess lived as it were alone 
 in the midst of the ladies of honor. 
 
 It was quite observable, that from the age of eleven 
 to fifteen she was less child-like in her manners and con 
 versation than most children of that age, even including 
 those of royalty. It must be attributed to her continual 
 companionship with those of maturer years. She always 
 possessed a marked gravity and dignity even in the 
 ballroom. At the age of sixteen she was allowed to 
 attend balls ; but only four times a year, when they 
 were given by the king in the winter season. None but 
 those of royal blood were honored with her company in 
 the dance ; and none were permitted to embrace her in 
 the waltz but her brothers. And while she gazed upon 
 others that whirled in the round dances, it was appar 
 ently with indifference ; and as they glided briskly in 
 the circle, she promenaded in a dignified manner, yet 
 with a pleasing air. 
 
 She was fine-looking her stature tall, majestic, not 
 haughty, graceful in her carriage ; and with her air of 
 
MAXIMILIAN. 39 
 
 majesty there was mingled a gentleness and mildness of 
 disposition that Avon and attracted all who chanced to 
 meet her. Her face is oval; complexion bright, and 
 readily flushed ; her nose is a little aquiline ; her mouth 
 is pretty, and beneath her rosy lips is a set of regular 
 pearl-white teeth; her eyes are not large, but very 
 v. bright, and when she becomes excited, they flash like 
 fire. She has a heavy head of hair, of a beautiful dark 
 auburn shade. Nature formed her for an empress, and 
 her acquirements not less fitted her for the station. As 
 she rose above the horizon of childhood, she appeared in 
 all the splendor of the morning star, bright, beautiful. 
 
 The photographer, the painter all the powers of art, 
 have failed to do her justice, in attempting to transfer 
 her beauty on paper or canvas. Her beauty, her good 
 ness, her Christian virtues, will ever defy the pen. 
 
 She inherited the talents of her father. Her mind was 
 deep, and exceedingly well cultivated. If her native 
 powers were not more than ordinary, it would be re 
 markable, since her father and mother were both of 
 superior intellect. At an early age she was placed in 
 the presence of the ministers of State, while matters of 
 importance were discussed; and therefore her oppor 
 tunities for forming her judgment and training her logi 
 cal powers of thought, were more than those usually 
 allotted to princesses, of which she gave conclusive 
 proof in after years. She spoke and wrote, with great per 
 fection, the French, Spanish, German, English, and Italian 
 languages. As has been before observed, she was 
 married in the year 1857, being then of the age of seven 
 teen years. She never became a mother. 
 
 Not long after her marriage, in the month of August, 
 a multitude of the people of Brussels might have been 
 seen in front of the palace, as though attracted by some 
 thing unusual. It was so to them. Upon the balcony 
 of that palace stood the enchantress of that house, Arch- 
 
40 MAXIMILIAN. 
 
 duchess C.irlota, in bridal robes ; and by her side stood, 
 arm in arm, a tall, fine-looking man, in the uniform of 
 an admiral. That personage was the then Austrian Gov 
 ernor-General of Italy, Archduke Maximilian. Three 
 days after, the new Archduchess bid farewell to her 
 native home. The then gathered concourse of people 
 had often seen her ; but that pleasure was about to be 
 taken from them, and they gazed lingeringly upon her 
 with admiration mingled with regret. 
 
 Early deprived of her mother, surrounded by no fe 
 male blood-relatives (whose affections are always deeper 
 than those of any other persons), they almost wondered 
 at her remarkable qualities, her intelligence, her Chris 
 tian virtues, and, above all, her charity. 
 
 She was fortunate in her marriage, for love tied the 
 knot that bound the two. She seemed to entirely forget 
 her passed hours of loneliness, and thought of the future, 
 which was portrayed by her in bright colors. Nothing 
 thwarted her for a while in her desires. Her husband 
 was all kindness, and his feelings of affection never for a 
 moment slackened. 
 
 As she arrived at Milan, she was delighted with her 
 change with the land of Italy, which was to be her 
 new home for some time to come. She saw in the Arch 
 duke perfection, a man of intelligence, of dignity, of 
 power brave to a fault, and the personification of 
 affection. She was complete mistress of herself. She 
 might almost have believed herself an absolute sovereign, 
 at least while the Archduke held the position of Governor- 
 General of Lombard- Venice. 
 
 Her advice was listened to with the utmost attention 
 by the Archduke ; for one possessed of such a fund of 
 knowledge, with such a keen sagacity, might well be 
 considered as having a judgment based upon reflection, 
 which would be entitled to much weight, and far too 
 important to pass unheeded. 
 
Sv 
 
MAXIMILIAN. 41 
 
 Her mind was deeply engrossed with the affairs of 
 State. {" She sought the welfare of Italy while there, 
 rather than parties, balls, and fashionable entertainment] 
 The poor of the cities where she visited, and where she 
 resided, will bear ample evidence of her generosity. She 
 was desirous of possessing the good-will of the people. 
 She was always kind to those around her ; even to her 
 servants, she rarely made use of any bitterness of tone 
 in language, under even the most provoking circum 
 stances. She was impressed with the idea that the 
 hearts of the subjects were the true throne of a sovereign. 
 Her ambition was exceedingly great, but withal, an 
 ambition to do good. The Christian principles instilled 
 into her youthful mind never forsook her. In her studies 
 she gave undeniable testimony of energy and great de 
 termination. In some of the voyages made by the 
 Archduke she accompanied him ; also on the various 
 trips made in Italy. She sailed to the island of Madeira, 
 and there remained while her husband was on a voyage 
 to Brazil. After her return from that island, she wrote 
 a work in French, entitled, " A Voyage to Madeira." 7 
 The work has been highly spoken of by those who have \ 
 had the opportunity of perusing it. It bears evidence 
 of a cultivated mind, of reflection, refinement, and ele- 
 gance of taste, clothed in a pleasing diction. 
 -If her heart swelled with pride, as she was called to 
 sustain the dignified position of Empress, it was an 
 honest pride a pride to fill the station with honor to 
 herself, her husband, her adopted country, and with 
 honor and virtue in the judgment of the world. J 
 
 She seemed ever watchful for the progress and im 
 provement of Mexico the advancement of education, 
 and the protecting care of the poor and needy. The 
 same generosity which she exhibited in Europe was 
 made manifest in the New World, even to a greater 
 degree. She has often been observed walking through 
 
42 MAXIMILIAN. 
 
 the mud, holding up her skirts, in order to visit the poor 
 in the hospitals, and also others that were needy, in their 
 own desolate homes. She established schools, and vis 
 ited them in person. If she visited a town, only for an 
 hour, the first inquiry made by her was as to the con 
 dition of the schools. She was not satisfied with the 
 answer of any one as to the state of the houses of in 
 struction, but would visit them in person. The bad con 
 dition of the weather and roads never prevented her 
 from so doing. She examined the scholars in their les 
 sons, gave them kind advice, and not unfrequently pieces 
 of money, to encourage them in their studies. Never in 
 the history of Mexico was the number of beggars so 
 small in the capital as during her presence there. The 
 poor never had such another friend in all Mexico. 
 
 While she was in the city of Puebla, on her way to 
 the capital for the first time, on the 7th of June, which 
 was the anniversary of her birthday, she presented to 
 that city the sum of seven thousand dollars out of her 
 own private purse, for the benefit of the poor. On that 
 occasion she wrote the Prefect of that city the following 
 letter : 
 
 " SEXOR PREFECT : 
 
 " It is very pleasing to me to find myself in Puebla, 
 the first anniversary of my birthday which I have passed 
 far from my old country. Such a day is for everybody 
 one of reflection ; and these days would be sad for me, 
 if the care, attentions, and proofs of affection, of which 
 I have been the object in this city, did not cause me to 
 recollect that I am in my new country, among my people. 
 Surrounded by friends, and accompanied by my dear 
 husband, I have no time to be sad ; and I give thanks 
 to God because he has conducted me here, presenting 
 unto him fervent prayers for the happiness of the coun 
 try which is mine. United to Mexico long ago by 
 
MAXLMILTAX. 43 
 
 sympathy, I am to-day united to it by stronger bonds, 
 and at the same time sweeter those of gratitude. I 
 wish, Seiior Prefect, that the poor of this city may par 
 ticipate in the pleasure which I have experienced among 
 you. 
 
 " I send you seven thousand dollars of my own pri 
 vate funds, which is to be dedicated to the rebuilding of 
 the House of Charity, the ruinous state of which made 
 me feel sad yesterday: so that the unfortunate ones 
 may return to inhabit it who found themselves deprived 
 of shelter. 
 
 "Seiior Prefect, assure my compatriots of Puebla 
 that they possess, and will always possess, my affections. 
 
 " PUEBLA, 7th June, 1804." " CABLOTA. 
 
 Her acts of charity were unbounded. It was the 
 greatest pleasure of her life to relieve suffering humani 
 ty. In this respect she was remarkable. 
 
 The Paseo, or pleasure-walk of the city of Mexico, 
 with its shrubbery and flowers, is another illustration of 
 her generosity, her taste, and her desire to please her 
 subjects. Before she arrived in that city, not a flower 
 nor bush, save the large trees, graced that pleasure- 
 ground, nor the grand square, in front of the palace. 
 She scattered there her own funds; from which have 
 sprung up sweet-scented flowers and green bushes, that 
 delight and attract the multitude, after the weary hours 
 of labor are ended. One can now scarcely visit those 
 pleasure-grounds, who saw them a few years ago, without 
 bringing to mind the good heart that beautified them. 
 
 I once heard a very intelligent gentleman say, in the 
 city of Mexico, that if that country had ever had a 
 President with half the ambition, energy, and honesty 
 of the Empress, it would be in a far more prosperous 
 condition than it is, or ever had been. 
 
 Her intellectual capacity was certainly great, and her 
 
44 MAXIMILIAN. 
 
 / 
 
 administrative abilities of no__mean order, added to a 
 remarkable politirml sncrnrMty She was not surpassed 
 by any living woman, in those qualities. Had she been 
 a man at the head of a powerful government, she would 
 have been considered the leading sovereign of th^ age. 
 With all these qualities, usually sought for, and more 
 generally expected to be found in the other sex, she did 
 not fail to possess that grace and refinement of manner, 
 at all times and under all circumstances, which are the 
 peculiar attributes of an accomplished lady. 
 
 The brightest jewel she possessed nature gave her. 
 It was CHARITY. Wherever she went, the squalid face 
 of poverty received an illuminating smile of happiness 
 from the reflection of that ornament. A view of her 
 beaming face always produced a pleasant thought. The 
 influence of her presence was like that of the rising 
 sun, as it comes rolling up, spreading its soft genial rays 
 all around, dispelling the bitter coolness of the morn. 
 
 The Empress was by no means possessed of idle habits. 
 She was usually up at half-past six, and at seven in the 
 saddle, taking her exercise, accompanied by her lady of 
 honor and an officer. For many days she would ride 
 every morning ; and then, for a period, only every other 
 day. Between eight and nine in the morning was the 
 time for prayer; then came breakfast, which she usually 
 ate alone sometimes with one of her ladies of honor. 
 After which, accompanied by one of those ladies, she 
 visited in her carriage the schools, hospitals, and the 
 poor people that were in want, at their respective homes ; 
 or attended to some business affair pertaining to the 
 Society of Charity, of which she was president. At 
 two o clock she went out to the palace of Chepultepec, 
 where she usually resided, or at least spent the most of 
 her time. At half-past three she dined in company with 
 the Emperor, and frequently with friends invited by His 
 Majesty. After dinner she promenaded in the grove 
 
MAXIMILIAN. 45 
 
 around the palace ; then returning to the palace, would 
 read awhile, or use the pencil or brush, for Avhich she 
 had a fondness. Her general hour for retiring was nine. 
 
 She carefully read the newspapers, and scanned close 
 ly whatever was written upon the subject of Mexico and 
 its sovereign. She marked with a pencil every article 
 or paragraph which she considered of any importance, 
 for the perusal of His Majesty : as he was busy, it was 
 a saving of time to have the matter, which was worthy 
 of consideration, brought immediately to his attention. 
 She was either engaged in some of the foregoing occu 
 pations, or improving the flower-gardens. She was ap 
 parently never idle. 
 
 She was accustomed to wear, in the summer, dresses 
 of cambric muslin ; and in the winter, those of wool or 
 silk, but not of a costly character. In fact, they were 
 extremely plain, but made and fitted with remarkably 
 good taste. 
 
 In the winter season she gave soirees every Monday. 
 She never wore the same dress twice on those occasions. 
 She danced four quadrilles during the evening, which 
 was the extent of that kind of exercise with her. 
 
 When grand receptions were given at court, she wore 
 a rich white satin dress, with low neck, trimmed with 
 gold and brilliants ; a purple velvet mantle, bordered 
 with gold ; a diadem of brilliants ; jewelry of great 
 value ; the Grand Cross of San Carlos, the Grand Starred 
 Cross of Austria, and that of Brazil. 
 
 Through all that imperial splendor, shone with a far 
 brighter lustre her smiling face, the index of a gentle 
 and affectionate heart. 
 
 The breath of scandal never discolored the fair name 
 of the Empress. She was above suspicion. Such per 
 fect disinterestedness manifest in all her acts of charity 
 such superiority to all selfish considerations such zeal 
 for good, and such sanctity of life, were virtues which 
 
46 MAXIMILIAN. 
 
 shone so eminently conspicuous in all her behavior, that 
 the unprejudiced who have been inimical to her form of 
 government, and to the reign of their Majesties in Mex 
 ico, have been free to credit her with the perfections 
 ascribed to her by her friends. 
 
 She had two ladies of the palace, who received each a 
 salary of four thousand dollars per annum. One was 
 Miss Josefa Varela, and the other Mrs. Concepcion P. 
 Pacheco. The former is about the age of twenty-two, 
 of dark Mexican complexion, from Texcoco, which is 
 about twenty miles from the capital. She is a descend 
 ant of Moctezuma, and for that reason was selected for 
 the position. She said to me that the genealogy of her 
 family had been given to the Emperor. She is a pleas 
 ant young lady, not at all diffident in the presence of 
 strangers, and shows a knowledge of society. She had 
 received beneficial lessons from the Empress, with whom 
 she was a favorite. 
 
 There were numerous ladies of honor attached to the 
 Empress, who did not remain in the palace, and who 
 received no compensation. They resided in their re 
 spective homes, and went to the palace on reception- 
 days, and whenever the Empress desired their company 
 in visiting the hospitals or other places of charity. 
 
 In 1805, it was considered necessary that a tour of 
 inspection should be made through Yucatan. His Ma 
 jesty could not well go, on account of business requiring 
 his presence at the capital. It was therefore decided 
 that the Empress should proceed to make the tour. 
 And on the Cth of November of that year, she, with her 
 lady of honor, Miss Josefa Varela, started, escorted by 
 numerous officers, among whom was General Jose Lopez 
 Uraga, commander of the escort ; Seiior Ramirez, Min 
 ister of Relations ; the Belgian and Spanish Ministers, 
 and several others, numbering twenty-four. She was 
 received at Vera Cruz with great demonstrations of joy; 
 
MAXIMILIAN. 47 
 
 and still more, and greater enthusiasm at Yucatan, con 
 sidering the number of the population. 
 
 On her arrival at Merida, in Yucatan, she was ele 
 gantly yet plainly attired. She wore a white dress with 
 blue trimmings, and a graceful hat, likewise decked with 
 blue. Her person was unadorned with jewelry. She was 
 received by a large concourse of people women and 
 children surrounding her, with their offerings of sweet- 
 scented bouquets ; the military in their full-dress uni 
 form : and in short, the whole community were out to 
 gaze on her with perfect admiration. 
 
 Her Majesty was received at the entrance of the cathe 
 dral by the Rev. Dr. Lerado Rodriguez de la Sala ; and 
 as a religious ceremony was performed therein, that 
 temple was crowded to its utmost. 
 
 She was addressed by the political Prefect. And 
 while in her apartments, on the 23d of November, the 
 multitude, anxious to gaze on her, and to hear some 
 pleasant word from her, called loudly for her ; and for 
 their gratification she presented herself upon the bal 
 cony, and spoke as follows : 
 
 " We have long wished to visit you, in order to study 
 your necessities and learn your desires. The Emperor 
 being prevented from effecting this important object, 
 has sent me to you to present you his cordial greetings, 
 I assure you from my heart that he deeply regrets that 
 he cannot be here with me, to tell you how great is his 
 affection toward you. He will regret it still more when 
 I inform him of the enthusiastic reception you have 
 given me. He desires, and by all means will endeavor, 
 to secure the prosperity and happiness of the people of 
 Yucatan." 
 
 She visited the hospitals, prisons, houses of the needy, 
 and made donations for them. She donated the sum of 
 two thousand and five hundred dollars for the establish 
 ment of a free-school for girls ; three thousand dollars 
 
48 MAXIMILIAN. 
 
 to the general hospital; three thousand dollars to be 
 distributed among the poor; one thousand dollars to 
 complete the cathedral ; besides many smaller presents 
 to persons in the house where she remained during her 
 stay there. 
 
 The following language from the "Yucatanos," ad 
 dressed to the Empress, is illustrative of their good feel 
 ing toward her : 
 
 " The daughter of a King, the wife of a Monarch ! 
 Beautiful and affectionate Carlota ! As the ship which 
 brought you to our shores appeared in our horizon, we 
 saluted you as the aurora of our happiest day ; as you 
 touched the sand of our port, we received you as the 
 sovereign benefactor who filled us with hope ; on hear 
 ing your sweet and consoling words which you ad 
 dressed us at the foot of the throne, we listened to you 
 as the cherub of benevolence ; and to-day, Madam, as 
 you give us new proof of your goodness, saving us from 
 a great affliction, we contemplate you as the white and 
 pure dove of the ark, the bearer of peace, and of recon 
 ciliation between God and man. Blessed be thou, Im 
 perial dove ! Blessed be thou, beneficent Empress ! 
 Were it possible for us to cover your road with pearls and 
 diamonds we would do it with pleasure, in order that 
 your feeling might palpitate the demonstration of our 
 gratitude ; but since that cannot be, you will compre 
 hend, just and elevated spirit, the gratitude of our 
 hearts. The mothers, the wives, and the sons of the 
 poor, salute you as their redeemer. 
 
 " Accept, Madam, our wishes. 
 
 " MERIDA, November 26th, 1865." 
 
 Her Majesty left Merida on the 4th of December, in 
 the morning, for the city of Campeachy, passing through 
 Uxmal. A large number of young men, resident at 
 
MAXIMILIAN. 49 
 
 Merida, voluntarily, as a guard of honor, escorted her 
 to the limits of that department. She made a short 
 visit at Uxmal, where she also visited the hospital, the 
 schools, and gave money to the poor. She ordered 
 copies of the things which she saw there that were note 
 worthy. She was particularly pleased with the palace 
 of the monks, and the house called the Tortugas, of 
 which she had drawings taken. 
 
 While returning, on the road from Vera Cruz, where 
 she stopped a short time, a poor woman offered her the 
 breakfast which she -had spread for her own family. 
 The Empress, to please her, sat down and ate. While 
 thus eating, the poor Indian woman said, with a great 
 deal of simplicity, " I like Your Majesty very much, be 
 cause you are very good, and because you have an In 
 dian lady of honor, which proves that Your Majesty 
 does not dislike, but rather loves the Indians." When 
 Her Majesty left, she gave twenty dollars to the woman. 
 There is no doubt of one fact, that the Indians became 
 much pleased with her and the Emperor, 011 acquaint 
 ance with them. Their Majesties, on all occasions, were 
 particular to see that that class of people were prop 
 erly treated. 
 
 In the city of Puebla, she extended her visit to the 
 hospitals ; decorated some soldiers who had distinguished 
 themselves for bravery ; also some ladies who had given 
 their services to the care of the sick and wounded 
 soldiers, and several civil officers who had shown a 
 great zeal in the advancement of the welfare of the 
 country. 
 
 She requested to see the Americans that were living 
 near and around Orizaba and Cordova ; some of whom 
 were engaged in the service of the railroad company. 
 Many of them had but a small amount of means, which 
 they had use for otherwise than expending for fine wear 
 ing apparel, and did not consider that they were suit- 
 
50 MAXIMILIAN. 
 
 ably arrayed to enter the presence of Her Majesty. 
 When she was informed of that fact, she said, " Tell them 
 to come without fine clothes." She had the faculty of 
 pleasing every one. 
 
 She reached the capital, on her return, about the first 
 of the following year. Soon after that, the sad intelli 
 gence of her father s death was communicated to her. 
 It was a heavy blow to her, and it affected her long and 
 seriously. Having lost her mother at an early age, she 
 cherished more than ordinary love and affection for that 
 remaining parent. 
 
 She founded the House of Maternity; and watched 
 like a nursing-mother over those that needed assistance 
 from the hand of charity. 
 
 As President of the General Council of Charity, she 
 made a written report to His Majesty, on the 14th of 
 April, 1866, setting forth briefly what had been done, 
 and the condition of the society ; saying therein, " I 
 have presided at the various meetings which occurred 
 in 1865, up to the time of my departure for Yucatan." 
 Thereby showing that she never failed to be present, 
 doing duty in the regular works of assistance to the 
 needy. 
 
 Her energy was unbounded ; she was ever ready to 
 promote the happiness of the people, improve the condi 
 tion of the country, and develop its resources. It be 
 came necessary for His Majesty to have a confidential 
 representative in Europe, arid to make some explana 
 tions and requests of Napoleon. She was prepared 
 and willing to undertake the task. With that view 
 she left the palace of Chapultepec at three o clock 
 on the morning of the 8th of July, 1866, for the 
 church of Guadalupe, in the village of the same name, 
 about a league to the north of the capital. She there 
 attended Mass. At the conclusion of that ceremony 
 she took her departure for Vera Cruz. His Majesty ac- 
 
MAXIMILIAN. 5 1 
 
 companied her as far as Rio Frio, and there saw her for 
 the last time Ay, a parting forever ! Little was such 
 his thought then. She sailed from Yera Cruz on the 
 13th of the month, in company with the Minister of 
 State, Castillo; Count de Yalle, the Grand Chamber 
 lain ; Falip U. del Barrio, Chamberlain ; Mrs. Gutierrez 
 Estrada y Barrio, Lady of Honor; and Doctor Bow- 
 slaveck. At Orizaba, she asked for the prayers of her 
 friends, saying, "I shall need them." From Havana 
 she wrote to the Emperor, and also to her lady of honor, 
 Miss Josefa Varela the pet name of " Josefa" being 
 Pepita. The letter to the latter was in the following 
 words : 
 
 " MY DEAR PEPITA : 
 
 " Only a few words, before the steamer leaves. I 
 am quite well, and ever thinking of you all. I had only 
 one day of sickness. The heat is intense, and the voy 
 age a long one. It is only out of pure patriotism 
 that one undertakes these things with feelings of pleas 
 ure. From this to St. Thomas will be the last sojourn 
 over American seas ! All the Spanish authorities have 
 treated me with the utmost deference ; although I did 
 not land, as the Emperor did not wish me to do so. 
 The bay is very beautiful, and I should also say the 
 town, where there exist fortunes of twenty-five millions 
 and upwards. I have received visits from the principal 
 personages. Many of the dignitaries had walking-sticks, 
 which reminded me of Mexico, and pleased me. The 
 Bishop was very polite. There also seems to exist here 
 a great reverence for the temporal authorities. I have 
 also seen the President of the " Royal Audience :" he re 
 minded me of the ancient history of our country. He 
 also sports a tortoise-shell walking-stick, which from its 
 exquisite loveliness must be from Yucatan. Talking of 
 this peninsula, I must tell you that I have seen Arthur 
 
52 MAXIMILIAN. 
 
 Peon, who was overjoyed to see me. He seems satis 
 fied with the state of things at home. The gratitude of 
 the Yucatecos to me has given me great pleasure. One 
 of the chamberlains from Campeche, Seiior Lavalle, is 
 to come on board to-day, on his voyage to France. 
 You can form no idea of the state of the road ; from 
 Cordova all the carriages of my gentlemen were upset. 
 My coachman assured me that it was only through the 
 help of the Virgin that I was not upset. I suppose he 
 meant the Guadalupe one. 
 
 "Good-bye, my dear Pepita; my heart remains in 
 Mexico. Write to me, and believe in the affection of 
 
 " CARLOTA." 
 
 After her arrival in Europe, she had several interviews 
 with Napoleon, accompanied by her minister, Castillo, 
 relative to important business concerning the Empire of 
 Mexico. The object of her voyage was generally un 
 derstood to be for the purpose of prevailing upon Na 
 poleon to furnish Maximilian with more funds, and also 
 to induce him to prolong the period of the stay of the 
 French troops in Mexico. She left her adopted home 
 with a great deal of solicitude. 
 
 Z^She saw near at hand a powerful republic, having no 
 reverence for monarchical institutions, and whose diplo 
 matic correspondence was in the highest degree threat 
 ening to the tranquillity of her homeT^ The situation of 
 Maximilian was critical, requiring immediate succor. 
 The reflection that, although the distant auxiliaries 
 which she hoped for might possibly be obtained, and 
 yet that their possession might not be a positive guar 
 antee to the stability of the Empire, was productive of 
 the most serious consequences. 
 
 It was said that such thoughts, added to her ill-success, 
 were more than her agitated brain could support ; and 
 that in consequence thereof, despondency and dejection 
 
MAXTMILIAX. 53 
 
 became so oppressive, that her mental faculties com 
 pletely succumbed to the weight. It has since been 
 doubted that the foregoing excitement was the cause of 
 the loss of her mind. Of that, more will be said here 
 after. 
 
 Her Majesty reached Miramar on the loth day of 
 August. Orders were given at Vienna to the officers 
 of the navy, to receive her in a manner becoming to her 
 rank. The morning of that day was serene ; but by the 
 time Her Majesty neared the surrounding waters that 
 laved the walls of Miramar, where the Austrian squad 
 ron were stationed, the angry clouds had gathered, 
 the whistling wind became furious, and the boisterous 
 storm nearly drowned the roar of the loud-mouthed 
 cannon. 
 
 On the 16 th of September, the anniversary of the in 
 dependence of Mexico, the Empress gave a grand cele 
 bration in honor of the day, at Miramar. Mass was 
 said at the chapel, in the morning ; and in the afternoon 
 a banquet was given, where were assembled the Mexi 
 cans who were there temporarily, the Mexican Consul 
 at Trieste, the Mexican Minister near Austria, the Pre 
 fect of Trieste, and several others. The Mexican colors 
 were waving over the castle, and salvos of artillery were 
 echoed and re-echoed over sea and land. 
 
 On the 18th of September, the Empress and suite, 
 which was composed of the same parties who left Vera 
 Cruz in her company, and D. Jose Blasio, two valets de 
 chambre, four Mexican and two Italian servants, started 
 for Rome. As there were several cases of cholera at 
 Trieste, the vessels sailing from that port to Ancona 
 were required to remain in quarantine a few days in the 
 latter port ; in consequence thereof, Her Majesty pre 
 ferred to make the trip by land. They travelled in 
 post-carriages through Tyrol, where there was no rail 
 road, stopping at Bingston, Botzen, Verona, Mantua 
 
54 MAXIMILIAN. 
 
 crossed the Po, and passed through Reggia to Bolognn, 
 where they took a special train of ears to Ancona. 
 
 The first symptom of derangement was observed at 
 Botzen, in the room where she stopped. She remarked 
 to Mrs. Estrada y Barrio, " I do not wish to go to Rome, 
 because I am afraid they will poison me. I wish to go 
 back to Miramar." The Minister Castillo observed 
 that he thought it a strange remark ; but that he did not 
 think her mind was affected. At Ancona was a deputa 
 tion in waiting to receive Her Majesty, composed of Mr. 
 Valasquez de Leon, the Mexican Minister near the Papal 
 See ; Bishop Ramirez ; Don Maria Degollado, and many 
 others; all of whom were transported by the cars 
 through the Apennines, to Rome. In all the towns 
 through which her Majesty passed, she was received by 
 civic and military bodies, with great honors, amid cheer 
 ing, cannonading, and musical demonstrations. 
 
 At Rome, the diplomatic corps and other distin 
 guished persons presented themselves, and paid her 
 marked attention. She was thus far, with the exception 
 mentioned, to all appearances well, giving not the slight 
 est evidence of insanity. She addressed the visitors in 
 their respective languages, which, to them, was highly 
 pleasing. On her fourth day in Rome there was a sud 
 den change in her actions. She spoke of a desire on the 
 part of some of her party to poison her. She said that 
 Mrs. Kuhachevich, Count de Yalle, and Dr. Bowslaveck, 
 had been hired by Napoleon to poison her. As she said 
 this, she addressed herself to Mrs. Kuhachevich. She 
 then requested the Mexican minister near Rome, and 
 Cardinal AntonelH, to have the three suspected persons 
 arrested. After that, those three kept from her sight. 
 About three days afterward she called at the Vatican, 
 to see the Pope. She said to Lira, that she did not wish 
 to leave his residence, as it was the only safe place 
 where she could remain without being poisoned. She 
 
MAXIMILIAN. 55 
 
 remained there all night, sitting on the sofa, accom 
 panied by Mrs. Estrada y Barrio, the Minister of State, 
 Castillo, and Mr. Barrio, the Chamberlain. 
 
 On the following morning, they all returned to the 
 hotel where Her Majesty s apartments were, known as 
 the " Albergo di Roma." She was afraid to eat or drink 
 anything given her from the hotel. She rode out every 
 day, in her carriage, with Mrs. Estrada y Barrio, taking 
 a jar to the public fountain, and filling it with water, 
 which she carried to her room to drink. She also pur 
 chased chestnuts in the streets, which she took to her 
 apartments to eat. They are a common article of food 
 in Italy, and very excellent. She selected one of her 
 servants in whom she had confidence, and whom she 
 daily sent for meat, vegetables, eggs, etc., which were 
 brought to her room, and cooked in her presence. These 
 articles thus prepared she ate without fear. 
 
 She remained in Rome about twenty days ; when her 
 brother, the Duke of Flanders, arrived there, and after 
 one day s preparation, embarked with her at Ancona 
 for Trieste. He took her to the castle of Miramar, and 
 provided her with the best physicians that could be 
 procured. 
 
 At the request of the King of Belgium, Dr. Bulkens, 
 Director of the House of the Insane, at Gheel, proceeded 
 to the castle of Miramar, to take charge of the Empress. 
 He returned to Belgium with her, on the 31st of July 
 last, when she was placed in apartments prepared for 
 her at the palace of Tervueren. She was accompanied, 
 also, on her return, by the Queen of Belgium. King 
 Leopold, and the Prince of Wales went out to the fron 
 tier to meet them. Orders were given that no noise 
 should be made at the stations on the line of railroads. 
 The court carriage drove so close to the car at the sta 
 tion of Groenendal, that the Empress passed into it un 
 noticed. That station is near the line of Luxemburg, 
 
56 MAXIMILIAN. 
 
 and about three miles from the said palace, and situate 
 in an open space in the woods of Soignes. 
 
 The palace of Tervueren and its surroundings present 
 one of the most picturesque views in the neighborhood 
 of Brussels. It belongs to the national domain ; but, 
 by a law, it was placed at the disposition of the royal 
 family. During certain seasons of the year the princes 
 of the family of Orange occupied it, prior to the revolu 
 tion of 1830. It has been preserved in the same condi 
 tion, with scarcely a change, as it was then seen. The 
 traveller, until recently, has been denied the privilege of 
 gazing at its gorgeously glittering ballroom, and the 
 elegant apartments where the Princess of Orange nestled 
 in her splendor. 
 
 It has been said that it was erected for the accommo 
 dation of the mighty hunters of royal privileges, Around 
 that mass of adornment extends a large and beautiful 
 park, protected by a wall ; and over its grassy lawns 
 leap the bounding game, in variety innumerable, and 
 pass their hours of slumber in greater quietude, per 
 haps, than their royal owner, and frisk in greater 
 merriment, save when the rifle s crack carries them to 
 that owner s banquet. 
 
 The Empress seemed to be aware of the death of her 
 husband, but believed that it was caused by sickness. 
 At times she suffered from violent fits of raving, and be 
 came quite prostrated, and almost inconsolable on ac 
 count of the absence of the Emperor. But in moments 
 of calmness she seemed reconciled to her misfortunes. 
 
 Her physicians have lately attributed her insanity to 
 the effect of poison. They are of opinion that her phys 
 ical condition evidenced that fact. Dr. Bulkens has 
 said that there were great hopes of her being restored 
 to her natural mind. 
 
 There are rumors afloat in Mexico, and have been for 
 many months, in support of the opinion of the European 
 
MAXIMILIAN. 57 
 
 physicians, as to the cause of her derangement. In the 
 fall of 1866, His Majesty Maximilian received an anony 
 mous letter, stating that the Empress had been poisoned 
 in Cuernavaca. The lady who wrote that letter com 
 municated the fact of her writing and sending it to an 
 acquaintance of mine. She had heard statements which 
 appeared to her quite satisfactory that poison had been 
 administered to the Empress. Her insanity, as eminat- 
 ing from such a source, had been talked about in Mexico, 
 before the news of its actual occurrence could have been 
 conveyed from Europe to that country. It was the 
 opinion in Mexico that she had eaten fruit in which had 
 been placed some of the juice of a tree known by the 
 name of palo de leche the milk-tree. 
 
 The Mexican journals have recently denied that she 
 was poisoned in their country, by their people. They 
 allege that they do not conquer a foe in that way ; but 
 they are of opinion that Napoleon or Bazaine performed 
 the barbarous work, believing that either of them would 
 pursue such a course to carry out their political plans. 
 They seem to harbor no doubt that Bazaine would do 
 it, and really think he did. They ask, what would not 
 a general do, who would offer to sell out the Emperor 
 Maximilian, under whom he was acting, to the Liberal 
 general, Porfirio Diaz ? 
 
 The world, outside of Mexico, will hardly credit any 
 story that charges Napoleon or even Bazaine with suclx 
 barbarous cruelty as that; although the character of 
 the latter, in Mexico, is not enviable. 
 
 The death of the Emperor is a heavy weight on the 
 crazed brain of the Empress. His image is permanently 
 mirrored thereon, whether in the brief moments of tran 
 quillity, or during the raging storm of her intellect, 
 Will she forget him ? 
 
58 MAXIMILIAN. 
 
 "No of the one, one only object traced 
 In her heart s core too deep to be effaced ; 
 The one whose memory, fresh as life, is twined 
 With every broken link of her lost mind ; 
 Whose image lives, though Reason s self be wrecked, 
 Safe mid the ruins of her intellect !" 
 
 Let us hope that she who dealt so lavishly unto the 
 needy, may receive from the Giver of all perfect gifts, 
 that aid which will enable her soon to show forth her 
 mind in all its former lustre. 
 
CHAPTER IV. 
 
 MIRAMAR. 
 
 r I THE castle of Miramar, the palatial residence of Fer- 
 -L dinand Maximilian, before he ascended the throne 
 of Mexico, is situated a league distant from the city of 
 Trieste, on a rocky promontory, the base of which the 
 Adriatic Sea laves with its foamy waves, holding pho 
 tographed beneath its sheeny surface, in the quietude of 
 its cairn, the turreted castle and wavy sky. 
 
 Through all the spacious halls of that architectural 
 pile, in the silent hours, the whisperings of the ever- 
 murmuring sea fall upon the ear. And as its owner s 
 chain of slumber now and then lost a link by the pil 
 fering hand of wakefulness, he would half forget whether 
 he was balancing on the oaken beams of the Austrian 
 fleet, o er the heaving sea, or quietly nestling within 
 those castellated walls, supported by a terrestrial base. 
 And as the blue deep was his accustomed element, it 
 was a pleasure to him, while resting from professional 
 labors, at home among the flower-beds, to gaze at the 
 mysterious sea, and listen to its variant notes as they 
 changed from gentle murmurs to the sullen roar of the 
 storm. 
 
 Scarcely a dozen years have been recorded in the past, 
 since the grounds of Miramar were observed untouched 
 by the decorative hand of Art ; and the drapery of Na 
 ture was then, by no means, gorgeous. 
 
 The castle is built of stone, is cream-colored, and 
 stands facing the west, sixty feet high, with a front 
 
CO MA3TMILIAX. 
 
 about eighty-four feet wide, flanked by a tower that 
 rises nearly one hundred and forty feet above the water s 
 edge, and is not far from twenty-four feet square. The 
 castle and tower are surmounted with a perforated para 
 pet, with turret ed corners and ornamental pendants on 
 the cornice. It is only half the size of the original plan, 
 the intention having been to extend it on the east. 
 
 On the front of the edifice is inscribed, in large gilt 
 letters, the day and hour when Maximilian accepted the 
 crown of Mexico. 
 
 On the first floor, in the tower, is a small drawing- 
 room, which was much occupied by Carlota, and which 
 opens into a saloon in the main building. The room 
 adjoining the latter on the north was her sleeping-apart 
 ment, and the next one her dressing-room, which joined 
 that of her servant. 
 
 In the second story, and in the rear of the latter room, 
 was the wardrobe of Her Majesty. The northern part 
 of the front building is divided into three stories the 
 southern part into two ; the grand saloon being in the 
 latter division, extends to the cornice, a height of nearly 
 forty feet, is forty-five feet by twenty-six, and is deco 
 rated with fine paintings and elegant furniture. 
 
 A closed balcony, about nine by twelve feet in dimen 
 sions, supported by four stone columns, embellishes the 
 front of the castle. It has three windows looking out 
 upon the sea, and two on either side. 
 
 The centre building contains, on the first floor, the 
 library and dining-room, each being twenty-five by fifty 
 feet. Over the dining-room is an unfinished saloon. 
 The chapel and sleeping apartment of Carlota open into 
 the dining-room. The private room of Maximilian was 
 east of and adjoining the library. He accepted the 
 crown of Mexico in the sleeping-apartment of Carlota, 
 the same having been first arranged and decorated for 
 the occasion. 
 
MAXIMILIAN. 61 
 
 The library contains a large collection of books writ 
 ten in the various ancient and modern European lan 
 guages, among which are the works of Munguia and 
 other Mexican authors : also quite an extensive museum 
 of natural curiosities, stuffed birds, reptiles, and other 
 animals, many of which came from Mexico. 
 
 The artistic skill of the Grecians and Romans also 
 contributes to swell the list of ornaments. 
 
 The Mexican coat-of-arms, woven in rich brocade, 
 adorns the walls of several apartments. 
 
 The paintings from the hands of the Italian masters 
 attest the elegant taste of the owner of that mansion, 
 which is so richly embellished with them. 
 
 A carriage-road about twenty feet wide encircles the 
 castle, and is skirted with rose-bushes on the south side 
 of the edifice. In the rear of the buildings is a circular 
 parterre, nearly fifty yards in diameter, girted with 
 flower-beds ; in the centre of which is a fountain throw 
 ing its silvery dews on the surrounding shrubbery and 
 Flora s richly painted hues. 
 
 Near the stairway on the north side, which leads down 
 to the sea, may be seen a beautiful marble statue resting 
 in a niche. Near by the stairway is a small parterre 
 measuring some thirty by fifteen yards, oval in form, 
 and containing exquisite flowers that perfume the salt 
 sea air, and flavor your breath momentarily as your 
 bark glides from the rocky base out into the deep blue. 
 
 From the larger parterre, in the rear of the castle, ex 
 tends a bower of roses to the summer-house, which is 
 also arched with the same bush and flower. 
 
 South of the castle, several hundred yards distant, 
 are large stables built of stone and brick, situated near 
 the road that circles around the sea to Trieste. 
 
 A serpentine road leads to the garden, which is back 
 a short distance, on rising ground. It possesses many 
 plants from the tropical climes. The maguey, the olean- 
 
62 MAXIMILIAN. 
 
 der ; and the cacltis remind one of Mexico, although the 
 maguey \\as brought by Maximilian from Dalmatia. 
 The premises contain a few fruit-trees only. Several 
 oaks and pines shade the ground here and there. A 
 marble statue of Napoleon I. stands back some distance 
 from the castle, looking as if it had command of the 
 surrounding hills. Numerous pieces of Egyptian and 
 Grecian sculpture are scattered over the ground, appear 
 ing as though they had rested there for ages, but which 
 Maximilian had gathered in his different voyages to the 
 lands of the ancient artists. 
 
 Hall a mile or more from the sea stands a beautiful 
 cottage, occupied by Maximilian while the castle was 
 building. He was there watching and directing the 
 erection of that elegant edifice, exhibiting a high degree 
 of Architectural taste and judgment. He had no partic 
 ular fondness for the Gothic style. A mile from the 
 castle, near the garden grounds, is a private railway 
 station, for the accommodation of the premises ; ^also a 
 telegraph -office. 
 
 It has not been the intention of the author to give 
 herein a minute or professional description of the archi 
 tectural splendor represented in the engraving, but only 
 to portray in general terms some of the main features 
 thereof, couched in plain language, unmlngled with tech 
 nical expressions. 
 
CHAPTER Y. 
 
 Cause of intervention Assembly of Notables and their acts Monarchy 
 adopted Mexican deputation visit Maximilian Their address to him 
 His reply Second deputation sent Preparations of Maximilian with his 
 family. 
 
 BEFORE recording the history of Maximilian, as it 
 pertains to Mexico, it will be necessary to take a 
 cursory view of the late political condition of that coun 
 try. If we pass in review that nation s record for the 
 last fifty years, our illustration of its real condition 
 would not be erroneous should we allege that the sea 
 has been its emblem. The alternate storms and calms 
 Jiave scarcely been more frequent of the one than of the 
 other. If the one has been considered the depository 
 of great riches, so has the other. The treasury of both 
 lies buried. If the toilers in search of wealth in the 
 elements of the one, have been wrecked, the same has 
 likewise been the fate of those who have battled with 
 the elements in the other. The diggers in the one, and 
 the divers in the other, have felt the effect of the storms. 
 The Liberal party built a Ship of State, on which they 
 placed in large gilt letters, " CONSTITUTION." That 
 party insisted that the Church party should board her, 
 and it was contended that the latter would be safe on 
 her quarter-deck. The Church party did not have as 
 much faith in these allurements as it did in the ten com 
 mandments. The chiefs thereof were afraid to step 
 aboard with their funds. They were aware that the ship 
 was heavily laden with a bottomry bond ; and that her 
 officers were in pursuit of Church funds to discharge 
 her. And, besides, they had no confidence that the ves- 
 
64 MAXIMILIAN. 
 
 sel would be navigated according to the rules laid down 
 in the " CONSTITUTION." Hence the disagreement. Dis 
 missing the figure of speech, it is quite apparent that 
 disorder has been the prevalent condition of the country. 
 
 It is well understood that Comonfort renounced the 
 presidency in January, 1858 ; and thereupon the Church 
 party seized the capital of the nation. Whatever might 
 have been the intention of the Church party at that 
 time whether to support the Constitution or not they 
 certainly were not in harmony with the Liberals. It 
 has been observed that the Church party was not desir 
 ous of overthrowing the constitutional government. 
 Juarez, at the head of the Liberals, was still declaring 
 to the people that he stood upon the Constitution, and 
 that his organization was the only legally constituted 
 one. Which was the government de facto it is here un 
 necessary to decide!L>\t that time the decision was made 
 by foreign governments in favor of the Church party. , 
 The diplomatic corps in Mexico officially acknowledged 
 no other.! 
 
 The treatment towards foreigners resident became 
 such, in their opinion, that the respective governments 
 to which they belonged deemed it necessary to interfere 
 in behalf of their subjects. Thus, in 1861, England, 
 France, and Spain united with a view of demanding 
 from Mexico payment for their respective claims, and 
 just reparation for repeated injuries. England required 
 satisfaction on account of what she termed the illegal 
 taking of funds by Miramon, who, on the 16th day of 
 November, 1860, had laid his hands on one hundred and 
 fifty-two thousand pounds sterling, which was the prop 
 erty of Englishmen. England was aware that highway 
 men were not a small class of individuals in Mexico, but 
 she had never learned that writers upon international 
 law had laid it down that an army had a legal right to 
 rob the house of the British Legation, and that the flag 
 
MAXIMILIAN. 65 
 
 was no protection. The money so taken was in the house 
 of that Legation. 
 
 y^The Mon- Almonte treaty, made at Paris in September, 
 1859, between Spain and the Church party, provided for 
 the payment of Spanish claims. The downfall of that 
 party had the eifect to annul that treaty, in the judg 
 ment of the reigning power, as they refused to rec 
 ognize it.J Mexico had assumed the position that the 
 home debt due to her citizens should be paid in prefer 
 ence to foreign claims. Spain, therefore, refused to sub 
 mit to what she termed a denial of justice. 
 
 A Swiss banker, named Jecker, who came to Mexico 
 some years ago, had amassed a fortune that was num 
 bered by millions. Such a man, with such a fortune, 
 was not an undesirable friend for any one wishing to 
 carry on bold and expensive undertakings. Miramon 
 considered the friendship of that man of value, and the 
 heads of the two were brought together. Between the 
 financial abilities of the two, a scheme was planned for 
 enriching the Church party at least for the benefit of 
 Jecker and Miramon. A decree was issued on the 29th 
 day of October, 1859, at the instigation of Miramon, 
 that three million pounds sterling should be circulated 
 in bonds. The decree provided that the bonds should 
 be taken for taxes and import duties, and that they 
 should bear interest at six per cent, per annum ; it also 
 provided that the house of Jecker would pay one-half 
 of the interest for five years. Certain regulations pro 
 vided that the holders of these bonds could transfer 
 them, and receive in their stead Jecker bonds ; this was 
 to be done by paying a certain percentage. Jecker was 
 the person to issue the said amount of bonds. He was 
 to be paid five per cent, on the issue. It appears that 
 the arrangement entered into was not executed, on the 
 part of Jecker, as the provisions of the decree required. 
 At the suggestion of Jecker, the contract was modified. 
 
66 MAXIMILIAN. 
 
 And the final result of their making and unmaking of 
 contracts, was to leave the Church party liable for the 
 sum of three millions seven hundred and twenty thou 
 sand pounds sterling, and Jecker in such condition as to 
 be unable to comply with his agreement. In fact, his 
 house, in May, 1860, suspended payment. The bonds 
 went into the possession of his creditors. The Liberal 
 party coming into power, refused to acknowledge any 
 debt based upon the foregoing transactions. France 
 considered it a legitimate claim against the Mexican 
 Government, regardless of the name of the reigning 
 party, and that it ought to be paid. France had other 
 claims against Mexico, amounting to twelve millions of 
 dollars. The foregoing claims, added to the complaints 
 for maltreatment of the subjects of the three powers, 
 formed the basis of the allied intervention. 
 
 The Mexican Government assumed the position that 
 it never had refused to enter into an equitable and just 
 arrangement with Mr. Jecker; that is to say, to pay 
 him the amount of money actually advanced to the 
 Government by him, with interest, or some compensa 
 tion for its use. That Government further contended 
 that Jecker, instead of applying to the finance depart 
 ment for an arrangement, or to the court of justice, to 
 sue the Government, resorted to the Legation. France 
 proposed to take a certain sum, about ten millions of 
 dollars, payable out of the proceeds of the custom-house ; 
 and if the proposition was not accepted, her intimation 
 was, war to destruction. 
 
 Mexico was firmly of opinion that the claims demanded 
 were exorbitant, and far more than justice would dictate. 
 
 I have not herein set forth the particulars of the 
 respective claims of the allied powers ; such a statement 
 is not requisite for the purposes of this work. Xeither 
 is it my province to weigh said claims in the scales of 
 justice. The general nature of the claims has been 
 
MAXIMILIAN. 67 
 
 given which formed the ground-work of that interven 
 tion which was introductory to the establishment of the 
 empire over which the unfortunate Maximilian reigned. 
 
 The three complaining powers already mentioned 
 agreed, in convention at London, October, 1861, that 
 each of them should send to Mexico an equal naval 
 force ; and as to the number of troops to be furnished 
 by each, that that should be regulated according to the 
 number of subjects which the respective powers had in 
 Mexico. It was understood by said powers that the in 
 tervention was only for the purpose of enforcing pay 
 ment of their respective claims. England did not 
 appear satisfied with the justness of the whole of the 
 French demand. Spain coincided with England upon 
 that point. Notwithstanding that, the allied powers 
 sent a joint fleet to Vera Cruz, which, on the 6th of 
 January, 1862, reached the port of its destination. On 
 the following day they disembarked the following num 
 ber of troops : six thousand three hundred Spanish, two 
 thousand eight hundred French, and eight hundred 
 English. By virtue of a treaty signed at Soledad, 
 February 19th, 1862, the allied forces were permitted to 
 leave the unhealthy coast, and to take up their quarters 
 near Orizaba, where they might inhale the pure mountain 
 air. The leaders of the respective armies did not agree 
 in all matters of discussion in their conference. The 
 English and Spanish officers did not differ on another 
 proposition ; and that was, that they would leave the 
 French forces alone in their glory. The chiefs of the 
 forces of the two former powers decided to right-about 
 face, and steer homeward, which they did in the follow 
 ing April. 
 
 On the 17th of May, 1863, the city of Puebla, after a 
 siege of sixty-two days, surrendered to the French army, 
 which entered the city two days later, by order of 
 General Forey, commander-iii-chief thereof. Soon there- 
 
68 MAXIMILIAN. 
 
 after, that army, in conjunction with certain Mexican 
 forces under General Marquez, took up their line of 
 march for the city of Mexico. On the 31st of May, 
 the Juarez party fell back from that city; and on 
 the 10th of June following, the allied forces entered 
 the city without resistance. On the 16th, the French 
 General issued a decree that a provisional government 
 should be formed ; and that the citizens to be invested 
 with governmental powers should be elected by a Supe 
 rior Junta of government, composed of thirty-five per 
 sons, in accordance with another decree which was 
 issued on the 18th. The Junta elected for its President 
 Sefior D. Teodosio Lares, and for its Secretary, Sres. D. 
 Jose Maria Andrade and D. Alejandro Arango y Escan- 
 don. On the 22d, the Superior Junta of government 
 invested the ^Provisional Executive Power in General 
 D. Juan N. Almonte, Archbishop D. Palagio Antonio 
 de Labastida, and General D. Jose Mariano Salas ; and 
 as suplentes (supernumeraries), Dr. D. Juan B. Omaechea, 
 Bishop of Tulancingo, and D. Tgnacio Pavon, a lawyer. 
 This new government assembled with great solemnity 
 on the 25th of June. On the 2d of July they published 
 an edict containing a list of two hundred and fifteen per 
 sons, who, jointly with the Superior Junta, were thereby 
 declared to constitute the Assembly of Notables, in 
 trusted with the duty of providing a plan for a perma 
 nent government. This Assembly chose for its presi 
 dent and secretaries, respectively, the same persons that 
 held those positions in the Superior Junta. They were 
 solemnly installed on the 8th of July, in presence of the 
 Executive, the French commander-in-chief, and Count 
 Dubbis de Saligny, Minister Plenipotentiary of France. 
 A committee was appointed by the Assembly to draft a 
 form of government. On the 10th, the committee sub 
 mitted their plan to the Assembly, which was unani 
 mously adopted. There were present two hundred and 
 
MAXIMILIAX. 69 
 
 thirty members. Ten had resigned, and the remaining 
 ten, through sickness and pressing business of their own, 
 failed to attend. In accordance with the plan, the As 
 sembly issued a decree, which was published on the llth 
 of July, containing the following : 
 
 " Manuel G. Aguirre, Political Prefect of the District 
 of Mexico, to its inhabitants. Know ye : 
 
 " That by the Secretary of State and of the Office of 
 Foreign Relations, has been communicated to me the 
 following: decree : 
 
 e 
 
 PALACE OF THE SUPREME EXECUTIVE POWER, 
 MEXICO, July llth, 1863. 
 
 * The Supreme Provisional Executive Power has been 
 pleased to transmit me the decree which follows : 
 
 The Supreme Provisional Executive Power of the 
 Nation, to the inhabitants thereof. Know ye : 
 
 That the Assembly of Notables, by virtue of the 
 decree of the 16th, last passed, for the purpose of making 
 known the form of government most agreeable to the 
 nation, in the exercise of the full power which the nation 
 has, to establish itself, and as the organ and interpreter 
 of the nation, declares with absolute independence and 
 liberty, the following : 
 
 1st. The Mexican Nation adopts for its form of gov 
 ernment, a limited, hereditary monarchy, with a Catholic 
 prince. 
 
 2d. The Sovereign will take the title of Emperor of 
 Mexico. 
 
 1 3d. The Imperial Crown of Mexico is oifered to His 
 Imperial Highness, Prince Ferdinand Maximilian, Arch 
 duke of Austria, for him and his descendants. 
 
 4th. In case of any circumstances, impossible to fore 
 see, the Archduke Ferdinand Maximilian should not 
 take possession of the throne which is oifered him, the 
 Mexican nation submits to the benevolence of Napo- 
 
70 MAXIMILIAN. 
 
 leon III., Emperor of the French, to indicate to her 
 another Catholic prince. 
 
 * Given in the Hall of Sessions of the Assembly, on the 
 10th day of July, 1863. 
 
 TEODOSIO LARES, President. 
 ALEJANDRO ARANGO Y ESCANDON, Secretary. 
 1 JOSE MARIA ANDRADE, Secretary." 
 
 Therefore, it is ordered that the same be printed, 
 published by a national edict, circulated, and that due 
 compliance be therewith given. 
 
 Given in the Palace of the Supreme Executive Power, 
 in Mexico, on the llth of July, 1863. 
 
 JUAN N. ALMONTE, 
 JOSE MARIA SALAS, 
 JUAN 13. OMAECIIEA. 
 
 4 To the Sub-secretary of State and of 
 
 the Office of Foreign Relations. 
 
 * And I communicate it to you for your information 
 and the consequent terminations. 
 
 J. MIGUEL ARROZO, 
 Sub-secretary of State and of 
 the Office of Foreign Relations 
 
 4 Seiior Political Prefect of Mexico. 
 
 " And in order that notice of it may reach every one, 
 I order that it be printed, published, and circulated by 
 the persons charged with the same. 
 
 " MANUEL G. AGUIEBE, 
 
 " Political Prefect. 
 " MEXICO, July 13th, 1863. 
 
 " To Jose M. de Garay, Secretary 
 
 General of the Prefecture." 
 
 By a decree of the llth of July, the Assembly of 
 Notables abolished the name of " Provisional Executive 
 
MAXIMILIAN. 71 
 
 Power," and adopted that of " Regency of the Empire," 
 in its stead. 
 
 Soon after that the Regency appointed a commission 
 to carry to the Archduke Maximilian of Austria the 
 decree of the Assembly, and offer him the crown of 
 Mexico. This commission was composed of Seiiores 
 D. Jose M. Gutierrez Estrado, D. Jose Hidalgo, D. An 
 tonio Escandon, D. Tomas Murphy, General D. Adrian 
 Woll, D. Ignacio Aguilar, D. Joaquin Velasquez de 
 Leon, D. Francisco Javier Miranda, a priest, and D. 
 Angel Iglesias as Secretary. The four first were at that 
 time in Europe ; the others embarked at Yera Cruz for 
 San Nazario about the loth of August. 
 
 On the 3d of October, 1863, the deputation was offi 
 cially received by the Archduke Maximilian, in the Pal 
 ace of Miramar, his usual residence, near Trieste. 
 
 The president of the deputation, Senor Gutierrez de 
 Estrada, delivered to the Archduke the following dis 
 course : 
 
 " PKINCE : 
 
 " The Mexican nation, scarcely restored to its lib 
 erty by the beneficial influence of a powerful and mag 
 nanimous monarch, sends us to present ourselves to Your 
 Imperial Highness, the object and centre, to-day, of its 
 purest wishes and most flattering hopes. 
 
 " We will not speak, Prince, of our tribulations and 
 our misfortunes, known by every one, and which have 
 been extended so far that the name of Mexico has become 
 synonymous with desolation and ruin. 
 
 " Struggling a long time ago to extricate ourselves from 
 so painful a situation, and which, if possible, is even bit 
 terer, on account of the sad future placed before our eyes, 
 than the present evils ; there has been no arbitrator to 
 whom this unhappy nation could have been submitted ; 
 a trial which could not have been made in the fatal circle 
 
72 MAXIMILIAN. 
 
 in which it was placed, having unskilfully adopted and 
 confided in republican institutions, so contrary to our nat 
 ural constitution, our natural customs and traditions, and 
 which, while increasing the greatness and pride of a 
 neighboring people, have been for us but an incessant 
 source of the most cruel misfortunes. 
 
 " Our country has passed nearly half a century in that 
 sud existence, full of unprofitable suffering and intolera 
 ble shame. But, all the spirit of life and all faith in the 
 future were not extinguished in us. Our firm confidence 
 being placed in the Sovereign Regulator and Arbitrator 
 of nations, we did not cease hoping and soliciting with 
 eagerness the desired remedy for its ever-increasing tor 
 ments. 
 
 " And our hopes were not in vain. The mysterious 
 ways are visible through which Divine Providence has 
 led us to that fortunate situation in which we now find 
 ourselves, and which the highest intelligence scarcely 
 conceived possible. 
 
 " Mexico, then, again master of her destinies, and taught 
 by the experience of past errors, now makes a supreme 
 effort to regain herself. 
 
 "To other political institutions she recurs anxiously 
 and hopingly, promising herself that she will be even 
 more prosperous than when she was a monarchical col 
 ony of Europe ; and still more if she should succeed in 
 having at her head a Catholic Prince, who, with his emi 
 nent and acknowledged merit, unites also that nobleness 
 of sentiment, that force of will, and that rare abnegation 
 which is the privilege of men predestined to govern, to 
 regenerate, and to save misled and unhappy nations 
 at the decisive hour of their acknowledged error and 
 danger. 
 
 "Mexico promises herself much, Prince, from the insti 
 tutions which governed her for the space of three centu 
 ries, and which left us, when they disappeared, a splendid 
 
MAXIMILIAX. 73 
 
 legacy, that we did not know how to preserve under 
 the Republic. 
 
 " But if that faith in monarchical institutions is great 
 and profound, it cannot be complete if these institutions 
 are not personified in a Prince endowed with the high 
 gifts which Heaven has dealt out to you with a prodigal 
 hand. 
 
 " A monarch can, without great gifts of intelligence or 
 character, increase the fortunes of his people, when that 
 monarch is but the successor to an ancient monarchy, in 
 a country of ancient monarchies ; but a Prince requires 
 exceptional qualities when he has to be the first of a 
 series of kings in short, the founder of a dynasty and 
 the heir of a Republic. 
 
 " Without Your Imperial Highness believe these lips, 
 that have never been stained with flattery it would be 
 inefficacious and ephemeral, whatever might be the at 
 tempt, to raise our country from the abyss in which it 
 lies; and besides, the generous views of the powerful 
 monarch whose sword has redeemed us, and whose 
 strong arm now sustains us, would be frustrated. 
 
 " With Your Highness, so versed in the difficult science 
 of government, the institutions will be what they ought 
 to be, to secure the prosperity and independence of 
 their new country, which has for its basis that true and 
 progressive Liberty, the sister of Justice, which is its 
 first condition, and not that false liberty, unknown 
 among us except by its excesses and ravages. 
 
 "Those institutions, with the modifications which 
 prudence dictates and the necessity of the times re 
 quires, will serve as an insurmountable defence to our 
 national independence. 
 
 "These convictions and these sentiments, of which 
 long ago many Mexicans were possessed, are found, to 
 day, Prince, in the consciences of all, and spring from 
 every heart. In Europe, even, whatever may be the 
 
 4 
 
74 MAXIMILIAN. 
 
 sympathies or opposition, there is only one voice in 
 regard to Your Imperial Highness and your august 
 spouse, so distinguished for her high qualities and ex 
 emplary virtues, who soon will share your throne and 
 our hearts, and will be loved, exalted, and blessed by 
 every Mexican. 
 
 "We, w T ho are but feeble interpreters of that general 
 applause of love, of the hopes and prayers of a whole 
 nation, come to present in that nation s name, to Your 
 Imperial Highness, the crown of the Mexican Empire, 
 which the people offer you, Prince, freely and spontane 
 ously, by a solemn decree of the Notables, already rati 
 fied by many provinces, and which soon will be, as 
 every one says, by the entire nation. 
 
 " We cannot forget, Prince, that this act meets with a 
 happy coincidence that of the country celebrating the 
 anniversary of the day when the national army tri 
 umphantly planted, in the capital of Mexico, the standard 
 of independence and of monarchy, calling to the throne 
 an Archduke of Austria, in default of an Infante of 
 Spain. 
 
 " Accept, Prince, favorably, the wishes of a people who 
 invoke your assistance, and who fervently pray Heaven 
 to crown the glorious work of Your Highness; and who 
 ask God also that power may be granted unto them to 
 worthily respond to the persevering efforts of Your Im 
 perial Highness. 
 
 " Lastly, Prince, may the aurora of happier times shine 
 forth for Mexico, after so much suffering, and may we 
 have the incomparable happiness of being able to an 
 nounce to the Mexicans the good news which they are 
 so anxiously desiring ; good news not only for us, but 
 also for France, whose name to-day is as inseparable 
 from our history as it will be from our gratitude ; good 
 news for England and Spain, who commenced this great 
 work at the convention in London, after having been the 
 
MAXIMILIAN. 75 
 
 first to recognize its justice, and to proclaim its imper 
 ative necessity ; and finally, for the renowned dynasty 
 of Hapsburg, that crowns this great work with Your 
 Imperial and Royal Highness. 
 
 " We are not ignorant, Prince, I repeat it, of the ab 
 negation which Your Imperial Highness requires, and 
 which alone can make agreeable the thoughts of your 
 duties so pleasing to Divine Providence (who does not 
 create princes and give them great qualities in vain), 
 since Your Imperial Highness has been disposed to ac 
 cept, with all its consequences, a mission so difficult and 
 arduous, at such a distance from your country, and from 
 the illustrious and powerful throne, on the first step to 
 which is found Your Imperial Highness ; and so far from 
 this Europe which is the centre arid emporium of the 
 civilization of the world. 
 
 " Yes, Prince, the crown is very heavy which our ad 
 miration and love offers you to-day ; but the day will 
 come, we hope, when its possession will be enviable 
 (thanks to your efforts, which Heaven will know how to 
 recompense), with our co-operation and unalterable gra 
 titude and loyalty. 
 
 " Great have been our errors, alarming is our fall ; 
 but we are the sons of those, Prince, who, at the cry of 
 Religion, Country, and King (three great things which 
 so well unite with liberty), that there has been no un 
 dertaking, however great, that we would not have 
 attempted no sacrifice that we would not have known 
 how to encounter, firmly and boldly. 
 
 " Such are the sentiments of Mexico, on its reo-enera- 
 
 3 
 
 tion, such the aspirations with which we have received 
 the honorable charge of presenting faithfully and re 
 spectfully to Your Imperial and Royal Highness, the 
 worthy scion of the illustrious dynasty which counts 
 among its glories that of having carried Christian civ 
 ilization to our own soil on which we live, Prince, and 
 
76 MAXIMILIAN. 
 
 by which you establish, in this nineteenth century, by so 
 memorable titles, order and true liberty the happy 
 fruits of that same civilization. 
 
 " The task is great, but our confidence in Providence 
 is greater; and that our confidence ought to be so, Mex 
 ico as it now is, and Miramar, of this glorious day, thus 
 tell us." 
 
 Archduke Maximilian responded to the foregoing ad 
 dress in the following manner : 
 
 " GENTLEMEN : 
 
 " I am profoundly grateful for the wishes expressed 
 by the Assembly of Notables, in Mexico, in their session, 
 on the 10th of July, and that you are charged to com 
 municate the same to me. 
 
 " It is flattering to our house that the eyes of your 
 compatriots were turned towards the family of Charles 
 V., as soon as the word monarchy was pronounced. 
 
 " However noble the task may be of securing the in 
 dependence and prosperity of Mexico, under the exit of 
 institutions equally stable and free, I do not fail to agree 
 with His Majesty the Emperor of the French, whose 
 glorious initiative has made possible the regeneration of 
 your beautiful country, that the monarchy could not be 
 re-established there, on a perfectly legitimate and solid 
 basis, unless the whole nation, expressing freely its will, 
 would wish to ratify the wishes of the capital. So, then, 
 upon the result of the generality of the votes of the 
 country, I must make depend, in the first place, the ac 
 ceptance of the throne which is offered me. 
 
 " On the other hand, comprehending the sacred duties 
 r of a Sovereign, it is necessary that I should demand in 
 j/favor of the Empire, which is under consideration, the 
 indispensable guarantees in order to place it under pro 
 tection from the dangers which misrht threaten its in- 
 
MAXIMILIAN. 77 
 
 tegrity and indcpenden(3G. In case those pledges for 
 future security should be obtained, and the election of 
 the noble Mexican people, taken as a whole, should fall 
 upon me, I shall be ready, with the consent of the august 
 chief of my family, and confiding in the support of the 
 Almighty, to accept the crown. 
 
 " If Providence should call me to the high civilizing 
 mission which is attached to that crown, I declare to you, 
 henceforth, Gentlemen, my firm resolution of following 
 the salutary example of the Emperor my brother, by 
 opening to the country the wide road of progress, by 
 means of a constitutional regime, based on order and 
 morality ; and to seal with my oath, as soon as that vast 
 territory may be pacified, the fundamental pact with the 
 nation. It is only in this manner that a new and truly 
 national policy can be inaugurated, in which all parties, 
 forgetting their quarrels, will work together to give 
 Mexico the eminent place which appears to be destined 
 for her among nations, under a government which has 
 for its principle equity in justice. 
 
 " Remember, Gentlemen, to communicate to your 
 countrymen the determinations which I have just an 
 nounced to you frankly, and to take the necessary meas 
 ures to consult with the nation as to the form of govern 
 ment they intend to adopt." 
 
 Turning back again to the territory of Mexico, it was 
 very apparent that, as the French and Mexican allies 
 advanced into the interior, the cities, towns, and villas 
 gave strong evidence of a willing adherence to the Em 
 pire. Many chiefs of the Liberal party came under the 
 Imperial banner, while the President and a very few 
 others took refuge in the northern part of the Mexican 
 territory. And the Regency having seen what they 
 considered an expression of a majority of the people in 
 behalf of the Empire, believed the time had arrived 
 
78 MAXIMILIAN. 
 
 when they ought to present to the Archduke Maximi 
 lian that fact, and solicit him to comply with his prom 
 ise previously made to the Mexican deputation. 
 
 In accordance with these views, the Regency appoint 
 ed a Mexican deputation composed of the following 
 gentlemen : Senores D. J ose N". Gutierrez Estrada, D. 
 Ignacio Aguilar, D. Jose Hidalgo, General D. Adrian 
 Woll, D. Antonio Escandon, D. Jose M. de Landa ; and 
 I). Angel Iglesias, as Secretary. 
 
 This deputation met in the city of Trieste, prepared 
 to execute the duties assigned them, as will be herein 
 after seen. 
 
 In the month of March, 1864^ Archduke Maximilian 
 ., and the Archduchess Carlota, having been informed of 
 the late acts of the Mexican people, and the intention of 
 the deputation, visited Paris, London, Vienna, and Brus 
 sels, to say farewell to family relatives; and to treat 
 with Napoleon III., in regard to the affairs of the con 
 templated new Empire. After that was accomplished, it 
 became necessary to transact family business, pertaining 
 to Austria. The most important was that of renouncing 
 his, Maximilian s, right to the crown of Austria, in ac 
 cordance with the laws of that dynasty and empire. 
 After a few days consultation the affairs were settled, 
 ar.d the family agreement was signed April 9th. 
 
CHAPTER VI. 
 
 Mexican deputation at Trieste and Miramar Ceremonies of offering and 
 accepting the Crown Decrees Address of deputation to Maximilian His 
 answer Reply of deputation to his answer Oath as Emperor. 
 
 IN" the Hotel de Ville, at Trieste, the Mexican Depu 
 tation occupied apartments elegantly furnished by 
 Archduke Maximilian. They had been notified that it 
 would be expected that at the appointed hour they 
 would be in readiness there, properly attired, to leave, 
 in order to present themselves, on the tenth day of April, 
 at the palace of Miramar, when and where they would 
 be received by the Archduke, according to the pro 
 gramme already provided. 
 
 The tenth day of that month was Sunday the day of 
 the week on which the poor, having ceased their week s 
 labor, may feast their eyes on that stately palace, the 
 green lawns, the mosaic flower-beds, the gracefully bend 
 ing leafy boughs, all pervaded by sweet-scented air, 
 so that one s fancy suggests that nature had just per 
 fumed herself for a banquet with the gods. 
 
 The inhabitants of Trieste and its suburbs were all 
 agog that morning. The double attraction of seeing 
 Nature decked in her gorgeous apparel, breathing forth 
 intoxicating air, and decorated nobility in shining 
 lustre, richly caparisoned steeds, carriages rolling in 
 splendor brought forth an unusual number of people, 
 gliding like a living avalanche, on foot, and horse, and 
 in brightly gilded and varnished vehicles. 
 
 At ten o clock in the morning, the gentlemen of the 
 service, Count Hadick, an old Grand Master of His 
 Highness, and Vice- Admiral of the Austrian navy, pro- 
 
80 MAXIMILIAN. 
 
 ceeded to the city for the Mexican deputation ; and in 
 fifteen minutes, clad in their elegant dress for the occa 
 sion, they were rolling in four shining carriages having 
 the livery of His Highness the Archduke, and drawn bv 
 splendid prancing steeds, preceded by a mounted escort. 
 Those carriages were followed by others containing per 
 sons of distinction, composed of Mexicans, Austrians, 
 diplomats, generals, colonels, in full dress, with their 
 decorations on their breasts ; also officers of the house 
 of the Archduke. 
 
 They were soon before the entrance of the palace of 
 Miramar. There they were received by Marquis Corio, 
 Grand Master of Ceremonies ; and soon thereafter, pre 
 ceded by the same officer, they entered the apartments 
 provided for foreigners, where they were received by 
 the Grand Master of the house of the Archduke, Count 
 Zichy. 
 
 At twelve o clock, M., the Grand Master, preceded by 
 the Grand Master of Ceremonies, conducted the depu 
 tation through the waiting saloon, the library, and the 
 blue-room, to the hall of reception, where the Archduke 
 was in readiness to receive them. 
 
 His Highness stood in front of a table covered with 
 magnificent tapestry, upon which were seen innumerable 
 acts of adhesion to the new empire which had been 
 created in Mexico. He was dressed in the uniform of a 
 Vice-Admiral of the Austrian navy, on which was placed 
 the Order of the Golden Fleece, and the Grand Cress of 
 Saint Stephen. Standing on his left was his august 
 spouse, the Archduchess Carlota. She was richly attired 
 in an elegant rose-colored silk, adorned with the finest 
 Brussels lace, a diadem, necklace, and earrings of dia 
 monds, and the Black Cord of the Order of Malta. She 
 particularly attracted the attention of the whole audience. 
 Her commanding form, her exquisite beauty, her beam 
 ing countenance, and her superb apparel, all united to 
 
MAXIMILIAN. 81 
 
 make her appear like an enchantress a being of poetical 
 imagination. 
 
 Their Imperial Highnesses occupied one angle of the 
 room, accompanied by General Frassart, Adjutant of 
 the Field of Napoleon III., and the Imperial delegate, 
 Seiior Hurbet. The Grand Master stood at one side, in 
 the rear of their Highnesses, while the Grand Master of 
 Ceremonies occupied a position in front of the door. 
 
 In another angle of the room were the ladies of honor, 
 the Princess of Metternich and the Marchioness de Ville, 
 Countesses JZichy and Kollonitz, the Belgian Minister 
 near Austria, Mon. Monier, commander of the French 
 frigate Themis, and other distinguished personages. 
 
 The Mexican deputation took their position in the 
 form of a semicircle, in front of the Archduke and Arch 
 duchess ; Seiior Gutierrez Estrada, the President of the 
 deputation, stood in the centre of the outer points of 
 the semicircle. In the rear stood other Mexicans, who 
 were as follows : Don Francisco de P. Arrangoiz y Ber- 
 zabal, E. Tomas Murphy, Colonel D. Francisco Facio, 
 I). Andres Negrete, D. Isidoro Diaz, D. Pedro Escan- 
 don, Colonel D. Jose Armero y Kuiz, D. Ignacio Montes- 
 deoca (a priest), Dr. D. Pablo Martinez del Rio, D. Fer 
 nando Gutierrez Estrada (son of the President of the 
 deputation), D. Ignacio Arnor, D. Pedro Ontiveras, and 
 D. Joaquin Manuel Rodriguez. The two latter were 
 prisoners at Puebla, but having recognized the Empire, 
 were called into the service of His Highness ; making 
 the number of twenty-one Mexicans present at the au 
 gust ceremonies. 
 
 For a short time a profound silence reigned, and that 
 emotion which usually precedes great events. At last, 
 Seiior Gutierrez Estrada read with a firm voice, although 
 occasionally a little tremulous, the address which will 
 be hereinafter seen, and which the Archduke answered, 
 accepting definitely the crown of Mexico. 
 
82 MAXIMILIAN. 
 
 The Archduke had scarcely finished speaking, when a 
 salvo of artillery from the bulwarks of the castle an 
 nounced the great event which had just been concluded, 
 and that salvo was answered from the ships in the port, 
 and from the forts of the city. 
 
 At the conclusion of His Highness speech, Senor 
 Gutierrez Estrada knelt down and kissed the hand of 
 the newly-made Emperor, in sign of homage, according 
 to the Spanish custom, saying, " God save His Majesty, 
 Maximilian I., Emperor of Mexico !" to which announce 
 ment all the Mexicans present responded by one united 
 voice. 
 
 The same demonstration of homage was made to the 
 Empress. After that, the Abbot of Lacroma presented 
 himself with mitre and staff, assisted by Fr. Tomas 
 Gomez, a Spaniard of the Order of San Francisco, and 
 by Dr. D. Ignacio Montesdeoca, a Mexican priest. 
 Everything then being ready, the Emperor took the 
 oath, which will be seen herein, placing his hand at the 
 same time on the Book of the Evangelists, held by 
 Seiior Montesdeoca. 
 
 The Mexican flag was then raised upon the castle, and 
 the frigate Bellona, of the Austrian navy, gave a salute 
 of twenty-one guns, which was responded to by the 
 frigate Themis, and the artillery of the forts. 
 
 Soon thereafter the deputation passed into the library, 
 preceded by the grand master of ceremonies, and there 
 waited until the Te Deum was announced ; at which 
 time they were escorted to the seats reserved for them 
 in the chapel of the palace. Their Majesties then pro 
 ceeded to the chapel, followed by the ladies of the court, 
 and Count Hadick. The Abbot of Lacroma received 
 them at the door. Their Majesties were in front of the 
 audience. At the conclusion of the solemn Te Deum, 
 Their Majesties withdrew. In a few moments thereafter, 
 the grand master conducted into the presence of the 
 
MAXIMILIAN. 83 
 
 Emperor Seiior Velazquez de Leon, Minister of State, 
 General Woll, Adjutant of the Field, and Seiior Igle* 
 sias, Secretary of the Cabinet ; all of whom took tho 
 oath before His Majesty to faithfully comply with the 
 duties of their respective offices ; and immediately en- 
 \ tered upon the discharge of them. 
 
 Thus ended the grand and imposing ceremony that 
 surrounded the introduction of the reign of Maximilian. 
 I. of Mexico. The solemn proceeding produced many a 
 tear from Mexican eyes. They viewed it as a good 
 omen, foreshadowing happy days to them and their 
 country. 
 
 The day before the ceremony the Emperor of Austria, 
 and the Archdukes, his brothers, arrived. They re 
 mained until certain family affairs were arranged, when 
 they returned to Vienna. The parting of the two im 
 perial brothers was most affectionate. They embraced 
 each other several times, and for a moment remained 
 clasped, while tears trickled down their cheeks. The 
 thought which occupied their minds then, alas ! has 
 been too truly realized. It was, that that embrace 
 might be the last. 
 
 On the 10th, the day of that ceremony, the Emperor 
 issued a decree commissioning D. Juan N. Almonte, his 
 Lieutenant-General, to act at the head of affairs, until he, 
 the Emperor, should arrive in Mexico ; also that the 
 functions of the Regency should cease on the arrival of 
 his Lieutenant-General. Also, by another decree, Seiior 
 D. Joaquin Velazquez de Leon was appointed Minister 
 of State. 
 
 On that day was signed the treaty of Miramar, be 
 tween Maximilian and Napoleon. 
 
 His Majesty appointed ministers plenipotentiary to 
 notify his advent to the Courts of the Tuileries, St. 
 James, the Holy See, and at Madrid and Brussels. 
 
 He also re-established, by a decree, the Order of Gua- 
 
84 MAXIMILIAN. 
 
 dalupe, which was created by a decree of the Regency, 
 on the 29th day of September, 1863 : also providing 
 that there should be five different classes of gentlemen 
 1st, Order of the Grand Cross; 2d, of the Grand Offi 
 cials ; 3d, of the Commentators ; 4th, of Officers ; and 
 5th, of Gentlemen. 
 
 On the same day he decorated with the Order of 
 Grand Cross, Seiior D. Jose M. Gutierrez Estrada, and 
 Generals D. Leonardo Marquez and Tomas Mejia ; with 
 the Order of Grand Officials, D. Francisco Arrangoiz y 
 Berzabal, Tomas Murphy, D. Ignacio Aguilar y Maro- 
 cho, D. Joaquin Velazquez de Leon, General D. Adrian 
 "Woll, and D. Jose Hidalgo ; with the Order of Com 
 mentators, D. Antonio Escandon, D. Jose M. de Landa, 
 D. Francisco Facio, D. Andres Negrete, and D. Pablo 
 Martinez del Rio ; with the Order of Officers, D. Angel 
 Iglesias Dominguez, D. Fernando Gutierrez Estrada, D. 
 Jose J. Rus, and D. Manuel Mora y Ozta. 
 
 The following is a copy of the decree appointing Se 
 iior Velazquez de Leon Minister of State : 
 
 " MY DEAR VELAZQUEZ DE LEON : 
 
 " I have just appointed you my Minister, sin catera 
 (without full power), and charge you, until the forma 
 tion of my Cabinet, with the office of the affairs of 
 State, committing to your care the corresponding seal. 
 
 " You will remain in charge of these functions, under 
 the instructions which will be given you hereafter on 
 my part. 
 
 " Given in the Castle of Miramar, the 10th of April, 
 1864. 
 
 " MAXIMILIAN." 
 
 The Emperor, considering all the possibilities of the 
 future, and desiring that in no case the government 
 should be without a head, issued the following decree : 
 
MAXIMILIAN. 85 
 
 " Considering that nothing is so important as the pro 
 viding for the stability of the legitimate government of 
 the nation that has chosen us Sovereign ; and, to guard 
 against all casualties that may happen, I have just de 
 creed : That in case of death or any other contingency 
 that may place us without the possibility of continuing 
 to govern, the Empress, our august spouse, is the one 
 who will be charged with the Regency of the Empire. 
 
 " My present Minister of State, or, in case of his ina 
 bility, the respective Minister, will be charged with the 
 execution of this decree. 
 
 " Given in the Castle of Miramar, the tenth day of 
 April, one thousand eight hundred and sixty-four. 
 
 " MAXIMILIAN. 
 
 " To my Minister of State, 
 
 D. Joaquin Velazquez de Leon. 
 
 "By order of His Imperial Majesty, 
 
 " JOAQUIN VELAZQUEZ DE LEON." 
 
 As was observed hereinbefore, the President of the 
 Mexican deputation delivered an address to Maximilian 
 as Archduke, before his final confirmation as Emperor, 
 which was in the following language : 
 
 "PRINCE: 
 
 " The Mexican deputation has the pleasure of find 
 ing themselves again in your august presence ; and they 
 experience an unspeakable joy in considering the mo 
 tives which brought them here. In fact,^nncej)our 
 happiness is complete, in informing you, in the name of 
 the Regency of the Empire, that the vote of the Nota 
 bles, by which you have been designated for the crown 
 of Mexico, is now ratified by the enthusiastic adhesion 
 of an immense majority of the country, by the muni 
 cipal authorities and by the town corporations; and 
 thus consecrated, that unanimous proclamation has 
 
86 MAXIMILIAN. 
 
 become, by its moral importance and by its numerical 
 strength, truly a national vote. 
 
 " By this glorious title, and supported by the promise 
 of the third of October, one thousand eight hundred 
 and sixty-three, which created in the country such 
 strong hopes, we present ourselves now to solicit of 
 Your Imperial Highness the full and definite acceptation 
 of the throne of Mexico ; which act will become the 
 commencement of a union and a source of prosperity 
 for the people, who have been subject, for so many 
 years, to very severe and sad experiences. Those ex 
 periences have been such, that the people would have 
 unquestionably succumbed under the weight of their 
 misfortunes, without the help of one of the greatest em 
 pires of Europe, without the eminent qualities and the 
 admirable self-denial of Your Imperial Highness, and 
 lastly, without the freedom of action, for which you are 
 indebted to the noble sentiments of the Emperor, your 
 august brother a worthy chief, by a thousand titles, of 
 the illustrious House of Austria. 
 
 " Honor and gratitude to those two Princes ! Honor 
 and gratitude also to the glorious nation which, at the 
 call of its Sovereign, has not vacillated in spilling its 
 blood for our political redemption ; and creating in this 
 manner, between the two continents, a new faternity in 
 history, when history has exhibited us in Europe, until 
 now, as tyrannical. Honor and gratitude to that Em- 
 peroi\_a,s_ great as he is generous, who, in making the 
 French interest the whole interest of the world, within 
 a few years, and in spite^of passing objects, has had the 
 glory and the fortune of raising the flag of France 
 (always feared, but always sympathetical), in the dis 
 tant confines of the Chinese Empire, and in the remote 
 limits of the divided Empire of Mexico. Honor and 
 gratitude to such a people and to such Princes, is the 
 cry of every true Mexican. 
 
MAXIMILIAN. 87 
 
 "In conquering the love of nations, you have learned 
 the art of governing them. Thus it is, that after so 
 many struggles, our country, which experiences the impe 
 rious necessity of a union, will owe to you some day the 
 inestimable favor of having reconciled the hearts of the 
 Mexicans, whom public misfortunes and the blindness 
 of passion have divided, but who are only waiting for 
 your beneficial influence and the exercise of your pa 
 ternal authority, to teach them to be animated by the 
 same identical sentiments. 
 
 " A Princess, who is no less a queen by her graces 
 than by her virtues and high intelligence, will know, 
 without doubt, from the height of the throne, how to 
 bring about a perfect union for the general respect of 
 the country. 
 
 " In order to see these benefits realized, Mexico, with 
 a filial confidence, places in your hands the sovereign 
 and constituent power that must regulate its future 
 destinies and secure its glorious future, promising you, 
 in this moment of solemn alliance, a love without limits, 
 and a fidelity unalterable. 
 
 > " The people assure you, Prince, that being Catholic 
 and monarchical by an uninterrupted secular tradition, 
 they find in Your Imperial Highness, a worthy scion of 
 the Emperor Charles V., and of the Empress Maria 
 Theresa, the symbol and personification of those two 
 great principles which are the bases of their primitive 
 existence ; and under the protection of which, with the 
 institutions and the means which passing time has made 
 necessary in the government of societies, they will be 
 able to place themselves one day in the elevated rank 
 which they are called to occupy among nations. In 
 hoc signo vinces. / 
 
 "To these two great principles. Catholic and mo- 
 
 ^narehical, which were introduced into Mexico by the 
 
 noble and generous people who made its discovery,, and 
 
88- 
 
 MAXIMILIAN. 
 
 who rooted out therefrom the errors and the darkness 
 of idolatry to these principles, which created us for 
 civilization, we shall be indebted this time also for our 
 welfare, enlivened as they have been by our indepen 
 dence, and as they are to-day by the pleasing hopes 
 which are perpetuated by the new-born Empire. On 
 this day, which would not be one of happiness if it were 
 not equally one of justice, our thoughts involuntarily 
 turn to historic times, and to the series of glorious mon- 
 archs, among which are the illustrious ancestors of Your 
 Imperial Highness, that excel in splendor. 
 \ "Nations, like individuals, ought in their hours of joy 
 to speak with affectionate gratitude of their ancestors 
 that no longer exist ; and it is for us, Prince, a glorious 
 honor to make that just acknowledgment apparent to 
 the eyes of all, at the same moment when our unexpected 
 fortune is attracting equally the eyes of the astonished 
 world. 
 
 " On manifesting to you, Prince, our wish and our 
 hopes, we do not say, we cannot say, that the task may 
 not be difficult ; for the founding of an empire always 
 was and always will be so. The only thing which we 
 can assure is, that the difficulties of to-day will be your 
 glory to-morrow ; and we will even add, that the work 
 undertaken reveals in a patent form the hand of God. 
 K When the time shall arrive that our hopes will be satis 
 fied, our predictions fulfilled ; when Mexico shall appear 
 prosperous and regenerated, then, when remembering 
 that Europe sent, to save us, its valorous battalions to 
 the top of the Anahuac, to the shores of the Pacific, in 
 an epoch in which Europe itself was full of fears and 
 dangers, neither Mexico nor Europe, nor the world, nor 
 that other world which comes after us, nor that which 
 is called history, can doubt that our salvation, which 
 was obtained contrary to all human probabilities, will 
 have been the work of Providence, aud that Your Im- 
 
MAXIMILIAN. 89 
 
 perial Highness was the instrument selected to consum- 
 mate it. 
 
 "And further, while thinking of the fortunate des 
 tiny of our country, we cannot forget, Prince, that in 
 the hour of our rejoicing the most profound sadness 
 reigns in other parts. We well understand that this 
 Austrian country, and principally Trieste, your favorite 
 abode, will be inconsolable on account of your absence, 
 and we extend to them our sympathies ; but the recol 
 lection of your good acts and the splendid reflection of 
 your glory, will be a consolation to them. 
 
 "After having had the inestimable fortune to hear 
 from the lips of Your Imperial Highness the words of 
 hope, that your definite acceptation would be a reality, 
 condescend, Prince, to concede to us the notable honor 
 and unspeakable happiness of being the first among the 
 Mexicans who reverently salute you, in the name of the 
 country, as the Sovereign of Mexico, the Arbitrator of 
 its destinies, and the depositary of its future. All the 
 Mexican people that aspire with inexpressible impatience 
 to possess you, will receive you in their favored land 
 with a unanimous expression of gratitude and love. 
 
 " This brilliant spectacle, which for others would be 
 the height of their desire, will only serve to give you 
 new life, and increase your ambition. 
 
 " The recompense will providentially come, as the un 
 dertaking advances toward completion. 
 
 " There will be no premium more enviable than that 
 w r hich Your Highness will receive, in seeing, at no re 
 mote day, Mexico prosperous and respected ; and in 
 truth, you could not experience joy purer, nor pride 
 more legitimate, than that of having founded, on the 
 volcanic ground of the Moctezumas, a powerful empire, 
 which would unite soon for its splendor and your glory, 
 that favorable influence of that native wisdom with 
 which Heaven has endowed our American land, to the 
 
90 MAXIMILIAN. 
 
 most perfect of that which the justly praised European 
 organization can offer. 
 
 " The ultimate conviction, Prince, that crowns us with 
 such a happy presage is, that Mexico, which calls you 
 beyond the seas, and the entire world that beholds you, 
 will not be long in observing that Your Imperial High 
 ness has not had in vain before your eyes from your 
 infancy, on the triumphal arch of the Palace of his an 
 cestors, that inscription so worthy of them, and which 
 strikes the traveller with admiration : Justitia regnorum 
 fundamentum Justice is the foundation of Empires." 
 
 His Imperial Highness answered the foregoing address 
 and request in the following terms : 
 
 " GENTLEMEN : 
 
 "A mature examination of the acts of adhesion 
 which you have just presented me, gives me confi 
 dence that the vote of the Notables of Mexico, which 
 brought you a short time ago, for the first time, to 
 Miramar, has been ratified by an immense majority of 
 your compatriots, and that I can consider myself hence 
 forth, with good right, as the elect of the Mexican peo 
 ple. Thus, the first condition in my answer, which I 
 gave on the 3d of October last, has been complied with. 
 "Another thing also I indicated to you then namely, 
 in relation to the securing of the necessary guarantees 
 that the new-born Empire should calmly devote itself 
 to the noble task of establishing on a solid basis its in 
 dependence and prosperity. 
 
 those securities, thanks to His MajestyJii^Emeror_oL 
 the French, who, in the course^ of the negotiations which 
 mwetaken place upon this point, has shown himself 
 constantly animated by a spirit of loyalty and of benev* 
 olence, the recollection of which I will always preserve 
 in my memory. 
 
MAXIMILIAN. 91 
 
 " On the other hand, the august chief of my family 
 has consented that I may take possession of the throne 
 which is offered me. 
 
 " Now, then, I can comply with the conditional prom- 
 \ ise which I made you six months ago, and declare here, 
 as solemnly I do declare, that, with the help of the Al- 
 * r mighty, I^cc^tJom^thehands of the Mexican nation 
 
 /?. y 
 t 
 
 traditions of that new continent, full of vigor and hopes 
 ( for the future, has used the right which it possesses of 
 choosing the form of government in conformity with its 
 wishes and necessities, and has placed its hopes on a 
 scion of the House of Hapsburg, which three centuries 
 ago planted on its soil a Christian monarchy. I appre 
 ciate in its full value such a high proof of confidence, 
 and I will try to sustain it. I accept the constituent 
 power with which the nation whose organ you are, 
 Gentlemen, has wished to invest me, but which I shall 
 hold only so long as may be necessary to create regular 
 order, and to establish institutions wisely liberal. So 
 that, as I announced in my address of the 3d of October, 
 I will hasten to place the monarchy under the authority 
 of constitutional laws, as soon as the pacification of the 
 country shall have been completely consummated. The 
 power of a nation is secured, in my judgment, much 
 more by the firmness than by the uncertainty of its 
 limits ; and I shall aspire to place those in official po 
 sition, who, without the loss of their prestige, may be 
 able to guarantee its stability. 
 
 f~ " We shall prove, I hope, that liberty, correctly un- 
 ^ derstood, is perfectly reconcilable with a well-governed 
 empirc._7l shall know how to respect the first, and to 
 cause to be respected the second. 
 
 " I shall not display less vigor in always maintaining, 
 high elevated the standard of independence, that sym 
 bol of future greatness and prosperity. 
 
92 MAXIMILIAN. 
 
 " Great is the undertaking that is confided to me ; but 
 I do not doubt that I shall complete it, confiding, as I 
 do, in Divine help, and in the co-operation of all good 
 Mexicans. 
 
 " I will conclude, Gentlemen, assuring you again that 
 my Government will never forget the obligation which 
 it owes to the illustrious monarch whose friendly assist 
 ance has made the regeneration of our beautiful country 
 possible. 
 
 " Lastly, Gentlemen, I ought to announce to you that, 
 before departing for my new country, I shall be .detained 
 only by the time necessary to visit the Holy City, to re 
 ceive from the Venerable Pontiff the blessings so pre 
 cious for every Sovereign, but doubly important to me, 
 who have been called to found a new empire." 
 
 The President of the deputation made the following 
 reply to the acceptance of the crown by Maximilian : 
 
 "Being possessed of an unparalleled emotion, and 
 overcome by an unspeakable joy, we receive, Sire, the 
 solemn Yes which Your Majesty has just pronounced. 
 This acceptance, full and absolute, so ardently desired, 
 and so earnestly hoped, is the happy prelude, and ought 
 to be, with the help of God, the sure pledge for the sal 
 vation of Mexico, for its regeneration and future great 
 ness. Then will our sons give thanks to Heaven for this 
 truly extraordinary redemption. 
 
 " One duty still remains with us, Sire, to fulfil that is 
 the duty of placing at your feet the love of the Mexi 
 cans, their gratitude, and their homage of fidelity." 
 
 To complete the ceremony of making Maximilian Em 
 peror, it became necessary for him to take the oath of 
 office ; and for that purpose the mitred Abbots of Mira- 
 mar and Lacroma, Mr. George Racie with mitre and 
 
MAXIMILIAN. 93 
 
 staff, assisted by Tomas Gomez, a friar of the Order 
 of Francisco, and Dr. Ignacio Montesdeoca, presented 
 themselves ; and before them Maximilian took the oath 
 in the following form : " I, Maximilian, Emperor of 
 Mexico, swear to God by the Holy Evangelists, that I 
 will try to promote, through all the means within my 
 power, the welfare and prosperity of the nation, to de 
 fend its independence, and to preserve the whole of its 
 territory." 
 
 This solemn act was subsequently greeted with shouts 
 of " Long live the Emperor," and " Long live the Em 
 press," by the whole audience, as with one united voice. 
 
 The audience then separated awhile, without any par 
 ticular ceremony, waiting for the hour to arrive w T hich 
 had been appointed for the grand Te Deum, at which 
 time all again assembled in the chapel. His Majesty 
 appeared with the insignia of Grand Master of the Mex 
 ican Order of Guadalupe. 
 
 As the oath of office w r as completed, the flag of Im 
 perial Mexico waved in the breeze over the tower of the 
 castle. Guns from the frigate Bellona, of the Imperial 
 navy of Austria, poured forth salutes in honor of the 
 event, to the number of twenty-one. The castle of 
 Trieste and the French frigate Themis answered, with 
 their gruff, rumbling notes, the salute from the Bellona, 
 which echoed and re-echoed o er the sea and the land. 
 
 A written act of this great event was executed, signed 
 by the parties, in duplicate, and transmitted to the min 
 ister of foreign affairs and the archives of the Imperial 
 House. 
 
 / Thus ended one great act in the imperial drama of 
 Maximilian s life a step on that march which led him 
 from the elegant pleasures of Miramar to a seat on a 
 tottering throne, in the Xew World, in a volcanic re 
 gion, more dangerous from the surging of political 
 waves than from the seething elements of its burning 
 mountains. 
 
CHAPTER VII. 
 
 Departure of Maximilian and Carlota from Miramar for Mexico Ceremonies 
 Visit at Rome Ceremonies there Visits en route Arrival at Vera Craz. 
 
 The cannon s roar was heard afar, 
 Sweet music burst upon the air ; 
 Good-bye, he said, to Miramar, 
 Farewell, brave men and women fair. 
 
 THE inhabitants of Trieste and the surrounding 
 country will long remember the 14th day of April, 
 A. D. 1864, as one of note in the calendar of remarkable 
 events. In connection with it, the names of MAXIMILIAN 
 and MIRAMAR will be most vivid. They will loom up 
 in the heaven of their memory like the full-orbed moon, 
 as she sweeps along amid the myriad of stars that are 
 lost in the effulgence of her splendor. 
 
 The hum of business Avhich Trieste usually presents 
 was nearly silent on that day. It was a day of univer 
 sal excitement, and the thoughts of money-making were 
 buried. It was the day of the departure of His Majesty 
 Maximilian and his august spouse for their new home, in 
 a new empire across the far-resounding sea, to the land 
 where lie entombed the remains of the famed Moctezuma. 
 
 The houses were emptied of their living inmates, and 
 the out-door world was a heaving sea of humanity. The 
 crowd was here and there; richly caparisoned steeds, 
 with their loads of beauty and splendor, were prancing 
 to the measure of well-timed music ; rich and poor were 
 dressed in their gala attire, some on foot, some on horse, 
 surging this way and that, like ocean waves, all eager 
 to catch the farewell glimpse of their true friend, their 
 real benefactor, who was soon to be welcomed in a dis 
 tant land, by a different race, and in a different tongue. 
 
MAXIMILIAN. 95 
 
 The morning of that eventful day was not one of 
 calmness. The wind sharply whistled, and the roadstead 
 of Trieste, in its angry ruffling motion, heaved upward 
 and downward the little barks that were anchored on its 
 bosom. But fortunately, near noon, the wind-spirit, as 
 though suddenly bringing to its mind the importance of 
 the occasion, quietly lulled itself away like a sleepy 
 child, and the foamy white dissolved into the deep blue 
 of the Adriatic. And the silent air, perforated by the 
 genial rays of the mid-day sun, threw a radiant splendor 
 on the glassy sea, on the grassy lawns, and the flower- 
 decked land. 
 
 Not a cloud curtained the heavens; and far away 
 above the distant horizon the Alps those earthy mounds 
 of nature sat high up against the sky, like monarchs 
 wrapped in imperial robes of white, all variegated with 
 rainbow hues by the reflected light from their ornamental 
 jewels of dazzling diamond icicles bathing in the sun 
 light. 
 
 Six steamers, belonging to the well-known Lloyd 
 Company, w r ere ploughing the Adriatic, to and fro, from 
 the city of Trieste to the Archducal residence, the castle 
 of Miramar. They conveyed the municipal officers of 
 Trieste, the members of the Chamber of Commerce, the 
 deputations from other cities, and also other invited 
 guests. Three trains of cars were in continual motion, 
 belting the air with their ribbons of smoke, freighting 
 the living into the great storehouse of merriment and 
 grandeur the grounds of Miramar. 
 
 The castle, its surrounding heights, the walls, the gar 
 dens, the trees, and every prominent place, were all man 
 tled with human beings. The sea-shore was all traced in 
 footprints. The roads leading to the sea were filled with 
 carriages, omnibuses, mounted men, all dovetailed in 
 with footmen. Not an elevated place in sight could be 
 descried that had not its eager gazer. One might have 
 
90 MAXIMILIAN. 
 
 fancied that Nature s great human hive had just swarm 
 ed there. 
 
 Many of the enchanted multitude assembled there out 
 of mere curiosity, to feast their strained eyes on the sur 
 rounding splendor and magnificence ; but there was a 
 mighty gathering of affectionate hearts, who hurried 
 there in friendship s name, and in honor of a noble and 
 generous prince, who had watched over their necessities 
 with an anxious desire ; who had never turned a deaf 
 ear to begging poverty ; whose friendship never turned 
 cold ; and who had built up and commanded their small 
 but effective navy. 
 
 At two o clock in the afternoon, the Empress, the 
 beautiful Carlota, affectionately embraced the extended 
 arm of the Emperor Maximilian within her own, and 
 the two one in heart and thought departed from the 
 palace, the cherished spot of His Majesty, winding their 
 way across the terrace to the extreme end, where opened 
 the stairway ; arid down, down the white marble steps 
 they went to the sea. The deafening shouts of " fare 
 well," the roaring cannon, the bugle-notes, the drum, 
 all blending, drowned the murmuring song of the waves. 
 The advent music, written for the occasion at Paris, by 
 request of the Mexican deputation, was well executed 
 by the band of the Trieste garrison ; which music was 
 carried to Mexico by Commander Rodriguez in the 
 steamer San Nazario. Just before descending the steps, 
 Their Majesties paused a moment, and returned the 
 friendly salutations of the great multitude. A beautiful 
 little boat, all canopied with purple and gold, lay wait 
 ing close to the bottom step, in which the Sovereigns 
 seated themselves then glided along to the steamer 
 Novara, which was anchored to the cable of the castle. 
 " The brother of Maximilian, Louis Victor, accompanied 
 him as far as Rome ; as also did General Woll, Chief of 
 the Military House ; Seiior Velazquez de Leon, Minister 
 
MAXIMILIAN. 97 
 
 of Stite ; the ladies of honor of the Empress ; the 
 Countesses Zichy and Colonitz ; Count Zichy, Grand 
 Master; the Chamberlains, Count de Bombells and 
 Marquis de Corio ; Senor Iglesias, his Secretary ; and 
 Commander Ontiveras, Officer of Orders. 
 
 As they entered the little boat, the Novara, the The 
 mis, and the stationary Austrian frigate, all raised their 
 flags ; and the different crews broke forth in wild shouts 
 of joy ; and the surrounding little crafts raised their 
 oars in token of adieu, while the artillery from deck 
 and castle spoke from their deep-toned throats. Soon 
 after His Majesty had firmly placed his foot on the Ko- 
 vara, the Austrian colors were removed, and the flag of 
 Mexico raised in its stead. A short period only elapsed 
 thereafter, when the Novara weighed anchor and steam 
 ed away on her course, escorted by the French steamer, 
 Themis, and an Austrian fleet of eleven steamers. The 
 gallant yacht, Fantasia, which the Austrian government 
 had usually placed at the disposition of the Archduke, 
 during his residence at Miramar, led off the fleet. Then 
 came the Novara, followed at some two cables length 
 by the Themis, which escorted the Sovereigns to Yera 
 Cruz, commanded by Captain Morier ; and behind all 
 went the six Lloyd steamers. 
 
 The whole squadron defiled before the city of Trieste, 
 among the ships anchored in the roadstead, bearing their 
 respective colors. The coast batteries muttered their 
 thunder-notes, and as the Novara passed, the firing was 
 so rapid that it seemed like one continued sound. The 
 fleet passed so near the shore that the cheering multi 
 tude could be distinctly heard. The Lloyd steamers 
 were intended to escort the Sovereigns as far as Pisano, 
 which is about an hour s sail distant ; but some injury 
 having happened to the machinery, prevented them from 
 so doing. At Pisano was assembled a swarm of boats, 
 and the fishermen were eager for an opportunity to sa- 
 
98 MAXIMILIAN. 
 
 lute the Sovereigns as they glided by. The little boats 
 were so numerous that it put one in mind of the schools 
 of fishes that follow beneath the surface. 
 
 That day and night the coasts of Italy and Dalmatia 
 were visible ; also the arsenals of Porenzo, Forigno, and 
 Pola. 
 
 The Emperor had once concluded to visit for a few 
 hours the Island of Lacroma, which is opposite Ragusa, 
 and which is his private property. It is noted as the 
 spot where Richard the Lion-Hearted touched on his re 
 turn from Palestine. There were built a church and 
 convent, the latter having been turned into a castle by 
 Maximilian. It is an island of some note, as one of lux 
 uriant vegetable productions, and of adaptability to the 
 growth of tropical plants. 
 
 Maximilian changed his intention as to stopping there ; 
 and the Novara, leaving the eastern coast of the Adriatic, 
 neared the coast of Italy. Everything went smoothly 
 on, the accompanying vessels keeping true to their course, 
 without requiring any signs of guidance from the No- 
 vara. On the 16th, they doubled the Cape of Otranto, 
 near enough to see the city of the same name, beauti 
 fully situated on the picturesque coast of Italy. 
 
 About two hours later, having turned the heel of the 
 Italian boot, they rounded the Cape of Santa Maria de 
 Leuca, and entered into the Gulf of Tarento. Sunday 
 morning, the 17th, about nine o clock, they floated into 
 the Strait of Messina. By noon they reached the foot 
 of Stromboli, whose lofty crater was smoking away, like 
 some tired giant resting from his labor. The next day, 
 noon, they ruffled the waters of the roadstead of Civita 
 Yecchia. Their contemplated arrival had been trum 
 peted ahead of them. Rome sent out smiling friends, 
 among whom were General Montebello, comrnander-in- 
 chief of the French army at Rome, with his staff; Baron 
 Bach, Austrian Ambassador 5 Mr. de Carolus, Belgian 
 
MAXIMILIAN. 99 
 
 Minister; Senor D. Ignacio Aguilar, Minister Plenipo 
 tentiary of Mexico near the Holy See. The railroad 
 station was magnificently decorated, exhibiting the coat 
 of arms of His Majesty, with the initials of both Sov 
 ereigns, "M., C." The French and Pontifical troops 
 formed a double line, and as Their Majesties disem 
 barked, shouts went up from an immense concourse of 
 people who had gathered on the wharf and shores to 
 view the Imperial guests, and salvos of artillery from 
 forts and ships announced with their sonorous voices the 
 glad tidings of their arrival to the gazing multitude. 
 
 At six o clock in the evening Their Majesties and suite 
 reached the Eternal City, amid the roar of the guns 
 that guard the ancient Castle of San Angelo. The Sov 
 ereigns stopped at the Marescotti palace, where Senor 
 Gutierrez Estrada resided. This palace is one of the 
 finest in the city. Its works of art are magnificent. 
 Its frescoes were painted by Arpino ; and its furniture 
 is of a costly style, and in elegant taste. The rooms 
 were gayly decorated for the occasion. A throne was 
 erected in one of the saloons, and an immense quantity 
 of red and white were exquisitely arranged so as to repre 
 sent the Mexican flag. 
 
 The King of Naples paid his respects to Their Majes 
 ties; also Cardinal Antonelli, Prime Minister of His 
 Holiness, presented himself. 
 
 At eight o clock in the evening a grand banquet was 
 served, at which were seated about thirty persons. The 
 new Sovereigns and the Mexicans at Rome composed 
 the company. After that a reception took place, at the 
 conclusion of which Their Majesties wandered out to 
 the Plaza of Saint Peter s, thence to gaze at the moon 
 beams as they silvered o er the ancient ruins of the 
 Coliseum, a sight which the Empress had never before 
 witnessed. There is something enchanting in the scene. 
 He who beholds it at such an hour, departs reluc- 
 
100 MAXIMILIAN. 
 
 tantly. He looks, and as he turns to leave it, he halts, 
 and glances again and again. His mind is flooded with 
 its ancient history ; he forgets for a moment the age in 
 which he lives. 
 
 On the morning of the 19th, the whole party visited 
 the Holy Father at the Vatican ; all were in their full 
 uniform, ladies with elegant toilette, although in dark 
 dresses, as is the custom in making such a visit. All 
 along the street from the bridge of San Angelo were 
 stationed mounted guards : in the avenues and court of 
 the palace were placed sentinels on foot. The interior 
 was guarded by the Swiss soldiers, with uniforms as neat 
 as wax-work. Bishops, prelates, and officers of the house 
 were presented to Their Majesties. Soon the Holy Father 
 and the two new Sovereigns entered a small saloon, 
 where they remained together and alone for over an 
 hour. After that private audience the whole party had 
 the opportunity of kissing the foot of His Holiness, 
 which they did not fail to do. 
 
 His Majesty paid a short visit to His Eminence the 
 Cardinal Secretary of State, during which time the Em 
 press remained in the Vatican museum, amusing herself 
 in examining the thousands of interesting and curious 
 ancient and modern works of art, which have been 
 gathered from all parts of the world. 
 
 After the Emperor had finished his visit, the whole 
 party returned, surrounded by an immense throng of 
 people, to the palace of Marescotti, and rested until after 
 breakfast, after which His Majesty visited the King of 
 Naples, and other princes, to whom he was united by 
 strong ties of friendship. Having spent a few hours 
 with them in social conversation upon the subject of 
 Italy and his newly-adopted home, he returned to the 
 palace. A richly-spread table was served, having the 
 best that the market could afford, choice viands and 
 wines, in a saloon exquisitely decorated. That repast 
 
MAXIMILIAN. 101 
 
 having been concluded, a pleasant soiree followed, where 
 the Court, the Roman nobility, and other distinguished 
 personages, gathered in large numbers, filling the differ 
 ent saloons, which were most brilliantly lighted, showing 
 to most superb advantage the nek and costly furniture, 
 the glittering pendants, and the still brighter diamonds 
 that adorned the beautiful and 1 -, extravagantly-attired 
 ladies. Every face wore a smile, eveiy eye g-iit torett 
 like the surrounding brilliants. The scene presented a 
 view of grandeur, of wealth, and of happiness. 
 
 On the day following, Their Majesties, accompanied 
 by a part of the Mexican deputation, went to Mass, in 
 a private chapel, where they received from the hands 
 of His Holiness the communion. At the same time 
 was delivered to them, by His Holiness, an eloquent, 
 affectionate, and tender address, in the following words : 
 
 " Behold the Lamb of God which blots out the sins 
 of the world. Through Him kings reign and govern ; 
 through Him kings do justice ; and if He permits kings 
 to be often afflicted, through Him, nevertheless, is exer 
 cised all power. 
 
 " I recommend to you, in His name, the happiness of 
 the Catholic people, who have confided themselves to 
 you. The rights of the people are great, and it is 
 necessary to satisfy them ; but greater and more sacred 
 are the rights of the Church, the immaculate wife of 
 Jesus Christ, who redeemed us with His blood with 
 this blood that is now going to redden your lips. 
 
 "Respect, then, the rights of your people and the 
 rights of the Church ; which means that you ought to 
 procure, at the same time, the temporal and spiritual 
 good of those people. 
 
 " And may our Lord Jesus Christ, through whom you 
 are going to receive the communion, from the hands of 
 his vicar, concede to you His grace in the abundance of 
 
102 MAXIMILIAN. 
 
 His mercy. Misereatur vestri omnipotens Deus, et di- 
 missis peccatis vestris perducat vos ad vitam ceternam. 
 Amen." 
 
 this Mass, another was said, in 
 
 the p i dsenci} 6f tlie wliol<v party. Then a light collation, 
 ^r^h&Vj^ttsit&ed JitJtfQxjco a desayuno, was taken, in 
 , thc -private library of the Holy Father. His Holiness, 
 the two Sovereigns, and Cardinal Antonelli ate at one 
 table, the others eating at several small tables, in the 
 same room, and within a short distance of the distin 
 guished personages. Everything passed off pleasantly. 
 without any stiffness. The audience was merry the 
 conversation at times being general; then again con 
 fined to their respective tables. 
 
 At the conclusion of this repast, Their Majesties bid 
 "Good-morning" to His Holiness, and returned to 
 Marescotti Palace. The remainder of the party left the 
 Vatican at the same time. Not long after that, Senores 
 Aguila and Velazquez took a walk of pleasure and profit 
 of pleasure to themselves, and of profit to the Church. 
 They presented themselves at the house of the Minister 
 of State, and in the name of the Mexican Empire, ex 
 tended, as an oblation to the Holy Church, the sum of 
 eight thousand dollars. It was most cordially received, 
 and with a becoming grace. Was there ever a Church 
 that would refuse such an offer ? 
 
 A little past noon, the same day, the 20th, the Holy 
 Father visited Their Majesties. The streets were 
 thronged with people, and it was with difficulty that 
 one could elbow his way along. Troops formed on 
 either side of the street, through which His Holiness 
 passed. The music of the brass bands mingled with 
 that of the merry chiming bells, and the shouts of the 
 living mass, as the gilded carriage rolled steadily along, 
 drawn by six richly-caparisoned black horses, and es- 
 
MAXIMILIAX. 103 
 
 corted by the Guard Noble. His Holiness was indeed 
 encircled with great splendor. When all that gran 
 deur arrived at the palace, Their Majesties were in 
 readiness at the entrance, to receive the Holy Father. 
 As he approached quite near, the two Sovereigns, on 
 bended knees, and the surrounding multitude in like 
 position, received the benediction from His Holiness. 
 His Majesty then arose, and giving his hand to the Holy 
 Father, assisted him in descending from the carriage. 
 Their Majesties and the Holy Father had a private 
 interview ; after which was given a public audience to 
 all the friends that desired to be presented. A short 
 time having been spent here, the Holy Father took an 
 affectionate leave of Their Majesties, who escorted him 
 to his carriage in becoming style. 
 
 Soon thereafter came breakfast ; which being finished, 
 the whole party was ordered to be in readiness at four 
 o clock, in the afternoon, with the carriages, for the 
 depot. At the appointed time everything was ready. 
 They all reached the station, surrounded by the gazing 
 crowd as before. After a shaking of hands and a fare 
 well-bidding to friends, Their Majesties, the ladies of 
 honor, and Senor Velazquez, entered the same car. 
 
 Near the setting of the sun the train reached Civita 
 Vecchia, when again the booming cannon was heard, 
 music, and shouts, as on their first landing. 
 
 Between nine and ten o clock, the Novara and Themis 
 weighed anchor, and bore away on their course for 
 Gibraltar. They coasted along the Islands of Baleares, 
 and between five and six o clock they saw the Island of 
 Cabrera. Part of the time the wind blew pretty 
 strongly, and the vessels plunged into the watery ele 
 ment, so that their guns nearly touched the water. The 
 sky became cloudy ; after which came a fog. But before 
 reaching the Straits of Gibraltar, the weather became 
 calm. The wind, while it blew, came astern, and sent 
 
] 04 MAXIMILIAN. 
 
 the vessels along at the rate of twelve knots pel 
 hour. 
 
 They entered the bay at Gibraltar about the middle 
 of the afternoon, saluted by the batteries of the citadel, 
 and by an English vessel anchored in the port. Away 
 in the distance was heard peal after peal, from the little 
 Spanish town of Algeeiras, saluting Their Majesties. 
 The guns of the Themis loudly responded. 
 
 Their Majesties were visited by the Governor of Gib 
 raltar, General Count Codington, accompanied by his 
 two adjutants, on board the Novara ; who, by invita 
 tion, dined with the two Sovereigns. The consuls of 
 Austria and Belgium, at Tangiers, crossed the water and 
 paid the proper respects to Their Majesties. 
 
 On the 27th of April, the two steamers left Gibraltar, 
 and steamed away for the American waters. Their pas 
 sage was not unpleasant T*--,. They reached Martinique 
 May 16th. On this island were many Mexicans, who 
 were prisoners on account of their non-adherence to the 
 party of the Intervention. His Majesty saw the prison 
 ers. Being anxious to reach the land of his destination, 
 he did not wish to remain there longer than necessary. 
 There being a few spare births on the Themis, His Ma- 
 jest y selected, on the night of his arrival, four Mexicans 
 whom he liberated and sent to occupy those vacant 
 births, that they might reach their homes. The impar 
 tiality of the Emperor was shown on this occasion. The 
 authorities of the place had presented a list of four pris 
 oners, whom they considered the most entitled to favor. 
 But as His Majesty wished to have unbiased proof as to 
 the character of the prisoners, he decided that he would 
 not rely alone on the judgment of the officers under 
 whose charge they were. He therefore said that the 
 prisoners should vote among themselves as to which 
 four were the most worthy of consideration. They did 
 so, and the result was, that they elected the four already 
 
MAXIMILIAN. 105 
 
 designated by the officers. These four expressed a 
 strong desire to support the Empire. Eight more of 
 the prisoners who had manifested a like adhesion, were 
 furnished by the Emperor with funds to defray their 
 expenses on the next vessel bound to Mexico. He also 
 gave to those who were without funds the sum of two 
 thousand francs; promising at the same time, on his 
 arrival in Mexico, to give their claims all the consid 
 eration and attention to which they might be entitled. 
 It would have been almost an impossibility for him to 
 have passed them without extending to them some favor: 
 such was the character of the man. 
 
 His acts of generosity being finished, the ships sailed 
 on their way, arriving at Jamaica, May 21st. Remain 
 ing only one day, they steered directly for Yera Cruz, 
 without visiting Havana, as many contemplated, and 
 much to the regret of the Cubans. 
 
 They had not sailed far from the island of Jamaica, 
 when the Themis took the lead, pressing on steam, in 
 order to herald the glad tidings of the near approach of 
 the coming Sovereigns, to the people of Vera Cruz. At 
 about six o clock of the morning of the 28th of May, the 
 Themis dropped her anchor in the port of her destina 
 tion. The news of the expected arrival of the new rulers 
 spread with lightning speed all through the country. 
 
 While far away from the coast of Mexico, Their Ma 
 jesties stood upon the quarter-deck of the Novara, 
 straining their eyes to obtain a view of Orizaba peak, 
 that mighty sentinel, that king of mountains, that pierces 
 its hoary head high into the heavens, as though it were 
 the supporting pier of the celestial canopy. But Nature, 
 chary of the beauty of her architecture, threw a heavy 
 mantle of clouds around the white drapery of snow, lest 
 a summer s noonday sun should fringe it with rays. 
 
 A little after two o clock in the afternoon, the No- 
 vara came steaming gallantly in, dropping anchor at a 
 
106 MAXIMILIAN. 
 
 short distance to the south of the Castle of Uloa. The 
 cannons thundered on sea and land, like the artillery of 
 heaven ; loud huzzas rent the air from the living mass 
 that swarmed the wharf, sea-shore, and house-tops ; 
 rockets hissed through the heated air ; musicians were 
 blowing themselves into notice; hats, handkerchiefs, 
 flags, and banners were waving, high and low; the 
 crowd, looking as though their greatest expectations had 
 been realized, could hardly believe what their eyes be 
 held. Never did the arrival of living man cause in 
 Vera Cruz such a gala-day, such a shout of universal 
 joy. The arrival of Cortez, more than three centuries 
 ago, might have been more surprising, but not half so 
 welcome. 
 
CHAPTER VIII. 
 
 Maximilian s proclamation at Vera Cruz Ceremonies there En route to Cor 
 dova Orizaba Puebla Guadalupe At the Capital. 
 
 IX the afternoon of the 28th of May, soon after the 
 arrival of the steamer Novara at Vera Cruz, the fol 
 lowing proclamation was issued by Maximilian, and cir 
 culated through that city : 
 
 " MEXICANS : 
 
 " You have desired my presence ! Your noble na 
 tion, by a voluntary majority, has chosen me to watch 
 henceforth over your destinies ! I gladly respond to 
 this call. 
 
 " Painful as it has been for me to bid farewell forever 
 to my own, my native country, I have done so, being 
 convinced that the Almighty has pointed out to me, 
 through you, the noble mission of devoting all my 
 strength and heart to a people who, tired of war and 
 disastrous contests, sincerely wish for peace and -prosper 
 ity ; to a people who, having gloriously obtained their 
 independence, desire to reap the benefit of civilization 
 and true progress. 
 
 " The confidence which animates you and me will be 
 crowned by a brilliant success, if we always remain 
 united to defend valiantly the great principles which 
 are the only true and lasting bases of modern States 
 the principles of inviolable and immutable justice, 
 equality before the law, an open road to every one to 
 every career and social position, complete personal lib 
 erty well defined, having in it the protection of the in 
 dividual and property, the improvement of national 
 
108 MAXIMILIAN. 
 
 riches, the advancement of agriculture, of mining, and 
 of industry, the establishment of ways of communica* 
 tion for an extensive commerce, and finally, the free de 
 velopment of intelligence in all that relates to the pub 
 lic interest. 
 
 " The blessings of Heaven, and with them progress and 
 liberty, will not surely be wanting, if all parties, under 
 the guidance of a strong and loyal government, unite to 
 realize the objects I have just indicated, and if we always 
 continue animated by the sentiment of religion, by which 
 our country has been distinguished even in the most un 
 fortunate times. 
 
 " The civilizing flag of France, raised to such a high 
 position by her noble Emperor, to whom you owe the 
 regeneration of order and peace, represents the same 
 principles. This is what, some months ago, in sincere 
 and disinterested language, the chief of her troops said 
 to you, as the announcement of a new era of happiness. 
 
 " Every country which has desired to have a future, 
 has succeeded in being great and strong by following 
 this road. United, loyal, and firm, God will give us 
 strength to reach the degree of prosperity which is the 
 object of our ambition. 
 
 " Mexicans ! the future of our beautiful country is in 
 our hands. As to me, I oifer you a sincere will, loy 
 alty, and a firm intention to respect your laws, and to 
 cause them to be respected with an invariable authority. 
 
 " God and your confidence constitute my strength : 
 the flag of independence is my symbol : my motto you 
 already know, * Equity in Justice ; T will be faithful 
 to it all my life. It is my duty to wield the sceptre con 
 scientiously, and the sword of honor with firmness. 
 
 " The enviable task belongs to the Empress to conse 
 crate to the country all the noble sentiments of Christian 
 virtue, and the mildness of a tender mother. 
 
 " Let us unite to carry out a common object ; let us 
 
MAXIMILIAN. 109 
 
 forget past sorrows ; let us bury party hatred, and the 
 Aurora of Peace and of deserved happiness will ra 
 diantly beam forth again over the new Empire. 
 
 " MAXIMILIAN. 
 " VERA CRUZ, May 28th, 1864" 
 
 Lieutenant-General Almonte being the highest officer 
 in the Imperial service, was the proper one to receive 
 the new Sovereigns. At five o clock that morning he 
 left Cordova for Vera Cruz, reaching there about five 
 o clock in the afternoon. Everybody was anxiously 
 waiting his arrival. The fact was, the arrival of the 
 distinguished personages was sooner than was antici 
 pated ; hence the delay in preparations. 
 
 A committee, composed of the city officers, assembled 
 at the palace ; and, on the arrival of General Almonte, 
 escorted him to the wharf amid the roars of the cannon 
 and the huzzas of the people. The General first had a 
 private interview with the Emperor. Immediately after, 
 the city officers, headed by the Prefect, D. Domingo 
 Bureau, were presented by the Minister, Senor Velaz 
 quez de Leon. 
 
 His Majesty was in the saloon on the upper deck, 
 dressed in a black frock-coat, white vest and pants, and 
 black cravat. The committee were dressed in the same 
 manner. 
 
 The presentation being completed, the Prefect ad 
 dressed Their Majesties as follows : 
 
 " SIRE : 
 
 " Truly will the day be ever memorable on which 
 Your Imperial Highness reached Mexico, as the desired 
 savior to establish the Empire, which has been pro 
 claimed under auspices so favorable, since no one having 
 a good heart and a religious belief can fail to recognize 
 the benign hand of Providence in the admirable events 
 
110 MAXIMILIAN. 
 
 which have prepared the regeneration of this beautiful 
 and desolated country, opening up an enviable future, 
 under the illustrious and benign sceptre of Your Im 
 perial Majesty. 
 
 " The new era which commences for the Mexicans is 
 full of hope, founded on the wisdom and noble designs 
 which inspire Your Imperial Majesty in raising this na 
 tion (now so low) to the height of a prosperous destiny. 
 
 "Your Imperial Majesty is welcome to your new 
 country, with which, in doing it the honor of adopting 
 it as your own, you have wished to identify your fate. 
 
 " May God bless the noble purpose which guides Your 
 Imperial Majesty in favor of the Mexicans, and crown 
 with the most complete success your grand, civilizing, 
 and Christian undertaking. 
 
 " As Political Prefect of this District, and in the name 
 of the authorities and inhabitants of the same, I have 
 the honor and the satisfaction of congratulating Your 
 Imperial Majesty, and Your Majesty the Empress, for 
 your fortunate arrival on the soil of Mexico, and of pre 
 senting you our complete and sincere adhesion, as well 
 as our most profound respect." 
 
 His Majesty made the following reply : 
 
 " I view with pleasure the arrival of the day when I 
 can walk the soil of my new and beautiful country, and 
 salute the people who have chosen me. May God 
 grant that the good-will that led me toward you may 
 be advantageous to you; and that all good Mexicans 
 uniting to sustain me, there will be better days for the 
 future. The important department and city of Vera 
 Cruz, which have been so much distinguished for their 
 patriotism, ought to be sure of my benevolence. This 
 port being the principal entrance to the interior, my so 
 licitude will be devoted to the opening and extending 
 of its commerce. 
 
MAXIMILIAN. HI 
 
 " Gentlemen, I promise to return to see you in a more 
 favorable season, and then to remain with you as long 
 as it may be necessary." 
 
 His Majesty then entered the other saloon, and taking 
 the Empress by the arm, walked to the centre of the 
 saloon, in presence of the committee ; then the Minister, 
 Seiior Velazquez de Leon, advanced and presented the 
 committee to Her Majesty. The Prefect immediately 
 complimented her in the following terms : 
 
 " MADAM : 
 
 " Your Majesty will please condescend to receive 
 the most sincere congratulation and the most perfect 
 homage from the authorities and inhabitants of this 
 district. While I have the honor to present the com 
 mittee to Your Majesty on your fortunate arrival, they 
 are struck with admiration by the virtues and talents 
 your noble character presents. Providence has oifered 
 Mexico the double benefit of an enlightened Sovereign, 
 united in destiny with Your Majesty, an object of aifec- 
 tion and respect with all good hearts, and Mexico recog 
 nizes in you a worthy spouse of our elected Emperor. 
 The Mexicans, Madam, who expect so much from the 
 good influence of Your Majesty in favor of all that is 
 noble and great, of all that bears relation to the elevated 
 sentiments of religion and of country, bless the moment 
 in which Your Majesty reached the soil, and proclaim 
 in one voice, * Long live the Empress ! " 
 
 The Empress, very gracefully and briefly, in Spanish, 
 responded. 
 
 Soon after this ceremony had taken place, Their Ma 
 jesties retired, in company with General Almonte, and 
 the committee of city officers returned on shore. 
 
 That day, on board the steamer, the Emperor appointed 
 
112 MAXIMILIAN. 
 
 General Almonte the Grand Marshal of the Court and 
 Minister of the Imperial House. 
 
 He addressed the following note to the General : 
 
 " MY DEAR GENERAL ALMONTE : 
 
 "At the moment in which I receive from your 
 hands the affairs of the Empire, I hasten to give you, in 
 presence of the whole country, which owes you such 
 great obligations, a public proof of my acknowledgment. 
 
 " I have decided to appoint you Grand Marshal of the 
 Court and Minister of the Imperial House; remitting 
 you, with your appointment, the regulations and instruc 
 tions which will guide you in the fulfilment of such dis 
 tinguished functions. 
 
 " Receive, General, the proof of my consideration and 
 appreciation. 
 
 " MAXIMILIAN. 
 
 " ON BOARD THE NovARA, May 28th, 1864." 
 
 Their Majesties were quite anxious to remain a few 
 days in Vera Cruz, to become better acquainted with 
 the inhabitants, and to ascertain their wants. But on 
 account of the hot season, a somewhat dangerous one 
 for those not acclimated, and by some considerable 
 solicitation on the part of their friends, they were per 
 suaded to change their determination, and to hasten on 
 to breathe the mountain air. It was therefore decided 
 that they would disembark on the following morning, 
 at an early hour. The committee of city officials pre 
 sented themselves on board at a very early hour the 
 next morning, and at five o clock Mass was said in pres 
 ence of Their Majesties and the committee. His Majesty 
 then observed : " I wish, in the future, that there be no 
 distinction made between those who are Indians and 
 those who are not. All are Mexicans, and have equal 
 right to my solicitude." 
 
MAXIMILIAN. 113 
 
 The small boats were ordered to be ready, and soon 
 Their Majesties and retinue were gliding to the shore. 
 On arriving upon the wharf, at the entrance of the city 
 gate, the President of the Ayuntamiento, D. Salvador 
 Carrau, accompanied by the Council and public officers, 
 presented to His Majesty the key of the city, which was 
 neatly wrought, and placed on a silver waiter ; at the 
 same time congratulating him on his arrival. 
 
 The Emperor made a very happy reply. 
 
 At the conclusion thereof, Their Majesties and Gen 
 eral Almonte entered an open carriage and rode through 
 the principal streets, followed by many other carriages, 
 horse and footmen. Triumphal arches were raised at 
 various points, richly and gayly decorated; windows 
 were wreathed with flags and flowers, and verses in 
 honor of the new Sovereigns were visible in every direc 
 tion ; while the loud huzzas almost drowned the music 
 of the band. 
 
 A short time only was occupied in viewing the city. 
 Their Majesties and suite were soon placed in a car, and 
 the remainder of the escort in another. They reached 
 Soledad at nine o clock, where they breakfasted. The 
 escort from Vera Cruz, composed of the municipal 
 authorities, returned from Loma Alta there bidding 
 Their Majesties farewell. The party did not reach Cor 
 dova until two o clock the following morning. Not 
 withstanding the lateness of the hour, the city was all 
 alive a blazing mass of illumination. The late arrival 
 was caused by the breaking of one of the axletrees of 
 the carriage in which Their Majesties rode ; the night 
 was dark and rainy ; but the Sovereigns did not seem 
 to be troubled by the accident in the least they were 
 so much delighted with the desire exhibited by their 
 subjects to do all they could for them under the 
 circumstances. Long before they reached Cordova, a 
 number of Indians were sent out from that city with 
 
114 MAXIMILIAN. 
 
 torches, winch they carried in front of the carriage, and 
 which enabled the driver to clearly see the road. 
 
 As they arrived at the garita, or entrance of the city 
 limits, they were met by the President of the Ayunta- 
 miento (or Town Council), and other city officers. The 
 President then delivered to His Majesty the keys of the 
 city of Cordova; at the same time addressing him in 
 behalf of the city. 
 
 After their arrival in Cordova, that morning at ten 
 o clock there was a solemn Te Deum and Mass at the 
 church. Soon after, the city authorities assembled at 
 the palace, and were presented to Their Majesties. In 
 response to the congratulations of those officers, the 
 Emperor said : 
 
 " With true pleasure we see you, Gentlemen, near and 
 around us, and we accept your good desires. May the 
 day in which I find myself for the first time among you 
 and in the heart of my new and beautiful country, be 
 one of peace and sweet confidence. Being with all my 
 heart a Mexican, it is my first and most ardent wish 
 that all my compatriots may unite at my side, in order 
 to be able, with zeal and perseverance, and upon free 
 bases corresponding to our epoch, to work for the good 
 of our noble country. In this simultaneous action will 
 be found our strength and our future. You, Gentlemen, 
 that are the representatives of this district and city, 
 must, before all, give your fellow-citizens the example 
 of union, of zeal, and of true patriotism." 
 
 His Majesty then addressed the Ayuntamiento thus : 
 
 " With sincere pleasure we salute you, Gentlemen. 
 The sacred duties which the Mexican nation has imposed 
 upon us, and those which we wish to enter upon with 
 entire and loyal abnegation, call us forthwith to the 
 
MAXIMILIAN. 115 
 
 Capital of the Empire. We cannot then, I regret it, re 
 main a long time in your beautiful and interesting city. 
 Notwithstanding, say to your fellow-citizens, that the 
 Empress and I propose, within a short time, to pass sev 
 eral days among you ; and that then it will be for me 
 an agreeable task and duty to study the wants and the 
 desires of the city and its dependencies." 
 
 In the evening a fine dinner was given to the city au 
 thorities and other persons of note, numbering in all 
 forty. Fireworks were blazing on every corner ; while 
 music was gladdening the hearts of the lookers-on. 
 
 The next morning, at eight o clock, Their Majesties 
 were again on the road to Orizaba, a distance of six 
 leagues. Before reaching that place, they found a con 
 course of people assembled at Barranca de la Villegas, 
 which they could not pass unnoticed. The Sovereigns 
 and retinue halted awhile; and after receiving a com 
 plimentary speech, and making a short response, they 
 moved on. Having arrived at the Escarmela, or en 
 trance to the city limits of Orizaba, they found a depu 
 tation of city officials, and among them the Prefect, 
 who saluted Their Majesties in the name of the city. 
 The Emperor, resting one hand on a table, and having 
 the Empress at his side, made a very affectionate 
 reply. 
 
 There was a continual stream of people, banners, 
 flowers, and music all along the road. 
 
 Subsequently, within the city of Orizaba, in answer to 
 an address made by the Municipal Prefect, His Majesty 
 said: 
 
 " With particular satisfaction, I and the Empress my 
 wife receive your good wishes. The love with which 
 our new country greets us, profoundly moves us, and 
 we think it a happy sign of an agreeable future. If all 
 
116 MAXIMILIAN. 
 
 unite with us with the sole end of promoting the lasting 
 greatness and prosperity of our country, Providence 
 then will crown our efforts; and as the Empire flour 
 ishes, the divers departments and cities will commence 
 real progress. Orizaba, in particular, has a double in 
 terest in the completion of the railroad, which I propose 
 not to lose sight of, and I believe the day will soon 
 arrive when the Empress and I shall return to visit you 
 by the new way open to steam." 
 
 He then spoke to the authorities of Orizaba in general, 
 
 " In traversing the territory of my new and beau 
 tiful country, I receive with pleasure the demonstra 
 tions from the generous people who have called me 
 to govern their destinies. May it please God to hear 
 our prayers, and to give the Empire the era of peace 
 which it so much requires to advance in greatness and 
 prosperity. 
 
 " The benefit of really free institutions, an order of 
 things regulated and lasting, united to the developed 
 material which will offer you the means of easy commu 
 nication, will assure you at last the complete exploration 
 of the extraordinary riches with which Providence has 
 favored your land above all the rest of the earth. My 
 government will fix, particularly, its attention on your 
 interest. You, Gentlemen, as their organs, I promise, 
 will watch with zeal and patriotism the execution of my 
 orders, and will take care of their punctual fulfilment." 
 
 On that day the Emperor wore white pants, a black 
 frock coat, and a high-crown white hat, without any 
 distinguishing mark of royalty. The Empress wore a 
 dress and scarf of coffee-colored silk, and a hat of the 
 same color. 
 
MAXIMILIAN. 117 
 
 Their Majesties were perfectly charmed with the coun 
 try around Cordova and Orizaba. Its natural beauty 
 and formation ; its rich and luxuriant foliage ; its val 
 leys ; the grandeur of the surrounding mountains, all 
 presented a magnificent panoramic view. 
 
 The remarkable beauty of the scenery which had been 
 presented to them by books, by travellers, by the na 
 tives, began to be realized. They believed that their 
 newly adopted country was equal to the sketch of their 
 own bright fancies. As they cast their eyes upward 
 and beheld the white mantle of winter s snow, while 
 beneath and around them the rich plantations of coifee, 
 sugar-cane, cotton, oranges, bananas, and all kinds of 
 tropical fruit were spreading their beautiful, gently- 
 hanging, green foliage, and scenting the balmy air with 
 their honeyed breath ; while the various feathered races, 
 with their plumage dipped in the rainbow hues, were 
 mingling their warbling notes with the soft-tuned guitar 
 and the sweet accents of the fair daughters of Moctezu- 
 ma ; while they contemplated all this great picture-gal 
 lery of nature, with the productive soil beneath, and still 
 deeper down a mighty body of mother earth all inter 
 laced with arteries and veins of gold and silver, they 
 were indeed enchanted. His Majesty exclaimed, " How 
 beautiful our country is !" 
 
 As their Majesties were entering Orizaba, the people 
 desired to take the mules from the carriage and draw it 
 by hand ; but His Majesty did not wish to accept such 
 homage as that. After his positively refusing, they re 
 tired from the carriage with a perfect good-will, giving 
 at the same time the wildest shouts of enthusiasm. 
 
 The following day, June 1st, about nine o clock in the 
 morning, the Empress received a committee of ladies 
 from the district of Augustina, who, after congratulating 
 her upon her arrival, presented her with a ring, which 
 she placed upon her finger, saying that she would ever 
 
118 MAXIMILIAN. 
 
 preserve it as a sweet recollection of her trip through 
 Orizaba. 
 
 An hour later, Their Majesties attended Mass at the 
 church. At the conclusion of the service they visited 
 the schools and hospitals. The Emperor examined mi 
 nutely the apartments occupied by the men ; while the 
 Empress gave a thorough look at the rooms and inmates 
 in the female apartment. His Majesty then visited the 
 prisons, asking each one therein how he was treated, 
 and for what he was there. 
 
 Later in the day, at the palace, the curate of Naranjal 
 (an Indian town) was presented to Their Majesties, to 
 gether with the Alcalde and Rejidor of the town; also, 
 two young Indian girls. The Alcalde made a speech to 
 the Emperor in the Aztec language, which was as fol 
 lows : 
 
 " No mahuistililoni tlactocatzine, nican tiquimopielia 
 mo icno masehual conetzihua, ca san ye ohualacque o 
 mitzmotlacpalhuiliztinoto, ihuan ica tiquimomachtis ca 
 huel senca techyolpaqui mo hualialitzin impampa itech 
 tiqueta aco se cosamalotl quixikintihuitz inon mexicolis 
 mixtl nesi ye omochautiheaipan to thactocazotl. In sen- 
 hulitini mitztitlariia, ma ye huatzin mitzmochicahuili ica 
 titechmaquixtis. Nis tiquinopielia inin maxochtzintl, 
 quen se machiotl in tetlasotla litzin, mitzmo maquilia 
 mo xocotitlan coneztzitzihua." 
 
 This speech was translated into Spanish, and in Eng 
 lish reads thus : 
 
 " Our honorable Emperor, here you have these poor 
 Indians, your children, who have come to salute you ; 
 and by that you know that your coming much pleases 
 their hearts ; because in it they see, as it were, a rainbow 
 whicli dispels the clouds of discord that appear to have 
 
MAXIMILIAN. 119 
 
 gathered in our kingdom. The Almighty sent you ; it 
 is He that gives you power to save us. Here is this 
 flower; see in it the sign of our love. Your sons of 
 Naranjal give it to you." 
 
 The flowers were woven with palm-leaves in the shape 
 of a fan. They were peculiar to this country, called 
 siemprevivas (ever-living). The colors were red and 
 white, which, added to the green palm, constituted tlie 
 colors of the Mexican flag. 
 
 The Emperor, in reply, addressed the Indians in the 
 following words (which were spoken by him in Spanish, 
 and interpreted to them) : 
 
 " It is very pleasant to me, my dear children, to re 
 ceive you as a commission from your town, because it is 
 a proof of the confidence which you ought to place in 
 me, in order to enjoy the peace and well-being which 
 you have so long needed. 
 
 " You may count on the anxious care which I shall 
 take to protect your interest, to favor your works and 
 agricultural productions, and to improve in every man 
 ner your situation ; and so you can tell it to the people 
 of Naranjal." 
 
 The two Indian girls then presented the Empress with 
 a little basket, a handkerchief, and a turtle-dove. Her 
 Majesty thanked them very kindly, with a sweet smile 
 on her face. This seemed to please the Indians highly. 
 She then sent for a cage to put the dove in. 
 
 After visiting again the schools, examining the schol 
 ars in their different studies, and giving each a piece of 
 gold money, Their Majesties returned to the palace to 
 dine. A rich banquet was spread, at which the officers 
 and some other prominent persons assisted. At eight 
 and a half o clock they retired from the table, to prepare 
 
120 MAXIMILIAN. 
 
 for the ball, which took place at the residence of the 
 French Consul, Senor Bernard. The house was most 
 elegantly decorated for the occasion. The road to the 
 house was lighted by torches, held by French soldiers. 
 Their Majesties entered at ten o clock, and were received 
 by the municipal authorities and a committee of ladies 
 and gentlemen at the entrance. 
 
 The first quadrille was formed as follows : The Em 
 peror, with the lady of Gen. Almonte ; the Empress, with 
 Gen. Almonte ; Senor Arrozo, with Madam Bernard ; 
 General Woll, with Madam Herrera ; Gen. de Maussion, 
 with Madam Adalid ; Seiior Suary Peredo, with Miss 
 Swane. 
 
 The next quadrille His Majesty danced with Madam 
 Herrera, and the Empress with General Maussion. Their 
 Majesties retired at twelve o clock, without partaking of 
 the supper, remarking that it was not their custom to 
 eat late at night. The ball went on till six in the morn 
 ing. 
 
 The next morning at ten o clock the Empress, plainly 
 dressed, accompanied by two or three persons of her 
 household, entered an ordinary carriage drawn by two 
 mules, having a driver and lackey, and proceeded to 
 visit the Carmelite Convent of Nuns. A collation had 
 been prepared for Her Majesty, which was kindly ac 
 cepted and eaten by her on a table before which, on 
 two benches, the Nuns seated themselves. The Superior 
 of the Convent requested the Nuns to take off their 
 veils in honor of Her Majesty, and to remain uncovered 
 until the eating w r as finished. 
 
 In the mean time the Emperor was occupied reading 
 the newspapers, and receiving those who desired to meet 
 him. Their Majesties contemplated a horseback ride 
 at eleven o clock, but on account of the weather they 
 postponed it until four o clock in the afternoon. As it 
 rained at that hour of the afternoon slightly, they took 
 
MAXIMILIAN. 121 
 
 a carriage and rode beyond the suburbs, as far as the 
 cotton-factory called Cocolapam, about a mile distant ; 
 thence to the paper-mill ; and thence to the Valley of 
 Borrego. It soon ceased raining, then became clear, 
 and the new rulers lingered awhile to contemplate the 
 exquisite, the grand, the majestic beauty of the wild 
 mountain-scenery. It would be difficult for the pen to 
 over-color the appearance of nature around Orizaba. 
 That section, and the Cordova Valley, are the gardens 
 of Mexico. 
 
 That evening Their Majesties and the Grand Marshal 
 ate together, exclusive of others. The people of Ori 
 zaba were very much surprised at the simplicity of their 
 new Sovereigns. Their idea of royal personages was 
 connected more with great dignity and pomp. And 
 when they observed Their Majesties giving such atten 
 tion to the poorest and most humble, it was beyond their 
 expectation. 
 
 A small group of Republicans stood near where the 
 Emperor was about to pass : of them it had been said 
 that they did not intend to notice him when he neared 
 them. His Majesty passed them, raising his hat very 
 politely ; and the group, by impulse as it were, immedi 
 ately raised their hats. The gentleness of his manner 
 overcame them, and they concluded that he was quite 
 as democratic as they. 
 
 The Empress gave three hundred dollars to the Muni 
 cipal Prefect for the benefit of the poor, and the sick of 
 the hospitals. 
 
 At about eight o clock the following morning Their 
 Majesties were moving toward Puebla, escorted by 
 mounted men, carriages, footmen, numbering thousands, 
 amid the booming of artillery and the shooting of 
 rockets. The air was freighted with music and per 
 fumed by every kind of flower, like the ambrosial breeze 
 of India ; exquisitely- wreathed arches o erhung the road, 
 
 6 
 
122 MAXIMILIAN. 
 
 while silvered apparel on horse and man glittered in the 
 sun with diamond brightness ; and fair gardens, orna 
 mented with their golden fruit, burnished by the broad 
 sunshine of the blushing moon, extended far and near. 
 All, all this, drank in by the vision, with a mingled view 
 of the wintry grandeur of Orizaba Peak, was enough 
 for Fancy to call it the grand entrance to the golden 
 bowers of Eden. 
 
 Their Majesties and retinue reached Acultzingo at 
 half-past eleven, where they, for the first time, ate a 
 Mexican breakfast of tortillas, chili (red peppers), and 
 drank pulque, the fermented juice of the maguey plant. 
 At this place they rested awhile, also taking another 
 view of the country from a high hill. They could not 
 refrain from seeking every prominent position to look at 
 the scenery. They were enchanted. The road to Puebla 
 was one continued bower of flowers, flags, banners, and 
 poetical verses it was a chain of ovations. 
 
 The Sovereigns entered the city of Puebla at ten 
 o clock on the morning of June 5th, surrounded by 
 great splendor. Near the triumphal arch in the street 
 of Alguacil, the ceremony of delivering the keys of the 
 city to his Majesty by the Municipal Prefect took place, 
 on which occasion the Emperor said : 
 
 " I accept, Gentlemen, with joy the keys of this city, 
 because I see in this act that you place confidence in me, 
 and understand my loyal intention ; but being sure of 
 your fidelity, I return them to you, asking only to pos 
 sess your hearts." 
 
 After this the grand procession moved on into the 
 city, and halted before the cathedral. Their Majesties 
 stepped out of the carriage, and were received under a 
 pall by the venerable Prelate and two Bishops ; thence 
 
MAXIMILIAN. 123 
 
 they passed into the temple, which was superbly adorned. 
 A beautiful hymn was chanted, followed by other solem 
 nities. At the conclusion, Their Majesties entered the 
 Bishop s beautifully-decorated palace ; there the Politi 
 cal and Municipal Prefects each addressed them. 
 
 His Majesty responded first to the authorities of Pue- 
 bla, thus : 
 
 " It is very flattering to us to see ourselves surrounded 
 by the authorities of a department so important, and of 
 a large and interesting city ; and with pleasure we receive 
 your salutations. The noble Mexican people have placed 
 in us their confidence. We shall consider it our duty to 
 act accordingly, and to concentrate our efforts to procure 
 for the nation the fulfilment of its just aspirations. 
 
 " Through the means of institutions really free, of 
 exact justice, protection to persons and property, the 
 Chief and his organs will be able to carry the country 
 through the path of progress which leads to prosperity 
 and true greatness. 
 
 " It belongs to Puebla, which is one of the largest 
 central cities of the Empire, to shine forth as an ex 
 ample." 
 
 Then to the Ayuntamiento of Puebla he said : 
 
 " With a sentiment of pleasure mingled with grief, I 
 see your city ; with pleasure, I salute one of the largest, 
 most beautiful, and important cities of the Empire ; with 
 pain, I contemplate the unfortunate inhabitants agitated 
 by the evils of political disruptions. The government 
 to whose election you have contributed, will impose upon 
 itself the task of healing your wounds as soon as possi 
 ble, and of facilitating, through means of institutions 
 which are in accordance with the age, the development 
 
121 MAXIMILIAN. 
 
 of prosperity, so that the resources of this rich country 
 may be cultivated in the highest degree. I hope the 
 day is not far distant when the iron road will unite your 
 valley with the ocean, and bring you such an abundant 
 compensation that you will forget your past troubles. 
 Then will this noble city be regenerated with new vigor 
 and beauty." 
 V 
 
 On the 7th of June, the anniversary of the Empress s 
 birthday, solemn Mass was said in the cathedral. Praises 
 to the Almighty were sung by the Bishop, assisted by 
 the choir and the whole audience. At seven o clock in 
 the evening a grand banquet was given at the palace, 
 attended by about sixty persons. 
 
 At ten o clock Their Majesties repaired to the Alhon- 
 diga, market building, where a grand ball was given in 
 honor of Her Majesty s birthday. From the street to 
 the foot of the stairway a carpet of flowers was strewn 
 for Their Majesties to walk upon. In the angles of the 
 court stood colossal pyramids, covered from their base 
 up with crystal vases of variegated colors, which pre 
 sented a group of rainbow hues, reflected from the bril 
 liant evening lights. 
 
 Their Majesties entered, taking possession of the throne 
 erected for the occasion. Presently a quadrille was 
 called. His Majesty, accompanied by Senora Da Gua- 
 dalupe Osio de Pardo, took his position ; the Empress, 
 with the Political Prefect, Seiior D. Fernando Pardo, 
 stood opposite : General Brincourt accompanied Seiiora 
 Navarrete de Marion ; and opposite them stood General 
 D. Maussion, with Senora Da Dolores Quesada de Al 
 monte : at the right of the Emperor was General Woll 
 and Senora Da Emilia Cota de Tapia. and the Municipal 
 Prefect, D. Juan E. de Uriarte, with Seiiora Da Guada- 
 lupe Pardo de Pardo ; on the left, the Minister of State, 
 D. J. M. de Arroyo, with Senora Da Guadalupe Al- 
 
MAXIMILIAN. 125 
 
 monte ; and Colonel Jeanningras, with Seiiora Da Car 
 men Marron de Gonzales. 
 
 The Empress wore a plain but elegant white silk dress. 
 On her head was a crown of diamonds and emeralds, 
 with a red and a white rose the Mexican colors. A 
 superb necklace of diamonds brilliantly sparkled, and 
 rich bracelets of precious stones dazzled in the evening 
 light. 
 
 The Emperor with the Empress left the room at half 
 past twelve. The next noonday they were again in the 
 carriage, advancing toward Cholula, for the great Cap 
 ital. Stopping occasionally to gratify the curiosity of 
 \ their subjects, who showed unparalleled good-will, they 
 reached Guadalupe on the eleventh of June, making 
 their entry at two o clock in the afternoon. They were 
 with great solemnity received by the Archbishops of 
 Mexico and Michoacan, under a pall, near the railroad 
 station : they were also there met by the civil authori 
 ties of the town. They soon entered the renowned 
 church of Guadalupe, and there occupied the throne in 
 the presbytery. The illustrious Sefior Labastida, ac 
 companied by the other prelates present, intoned the 
 Domine Salvumfac Imperatorum. After this solemn 
 act, Their Majesties passed into the sacristy ; thence into 
 the chapter. 
 
 The authorities of the town being gathered into one 
 of the halls, it was announced that Their Majesties 
 would soon advance to the capital of the nation, one 
 league distant from Guadalupe. Loud cheers rent the 
 very air, and when silence prevailed, the Political Pre 
 fect of Mexico, Sefior Villar y Bocanegra, remarked : 
 
 " At the foot of the prodigious hill of Tepeyac, and 
 being separated only by a wall from the temple in 
 which is venerated the protector and mother of the 
 Mexicans, the Virgin Guadalupe the Political Pre- 
 
126 MAXIMILIAN. 
 
 feet of the first department of the Empire, the Muni 
 cipal Prefect of the great Capital of Mexico, its Excel 
 lency the Ayuntamiento, the Illustrious Senor Arch 
 bishop, and other authorities, present themselves full 
 of grateful pleasure, with their souls overflowing with 
 joy, before their beloved Sovereigns, to congratulate 
 them on their pleasant arrival at the gate of the city in 
 which is erected the throne which has been raised by 
 the Mexicans for them. Words fail me to manifest our 
 gratitude; because you have, in compassion for our 
 misfortunes, abandoned another throne, riches, country, 
 parents, brothers, and friends, and condescended to come 
 and try to make us happy and save us from the evils 
 that were causing us to disappear from the catalogue of 
 nations. Your Majesties only knew through statements 
 and papers the will of the people who applauded you ; 
 and now, to-day, you see that you are not deceived ; and 
 that from the shores of Vera Cruz to the gate of the 
 Capital, all applaud their Sovereigns with an unbounded 
 enthusiasm. The Mexicans will so continue until the 
 end ; and I protest, Sire, in the name of the department 
 within my charge, that all of us will obey and assist the 
 Monarchs, whom by acclamation we have chosen." 
 
 Tremendous shouts followed this address. After 
 which, His Majesty, with a great deal of emotion, an 
 swered in the following words : 
 
 "Profoundly moved, I say, by the universal enthu 
 siasm which I have received in all the towns in my 
 transit, my emotion and my gratitude acquire greater 
 intensity as I find myself at the gate of the Capital, as 
 I see gathered to salute me its principal authorities, in a 
 place so much respected and loved by me and the Em 
 press, and by all Mexicans. 
 
 " I happily receive your congratulations, and I salute 
 
MAXIMILIAN*. 127 
 
 you with the effusion of one who loves you, and has 
 identified his fate with yours." 
 
 As the grand procession moved stately on to the 
 place called the Plain of Aragon, they halted in a dou 
 ble line. Their Majesties passing through to a place 
 designated, were met by two deputations, one of ladies, 
 the other of gentlemen; both of whom saluted the 
 Sovereigns, and presented, in behalf of the inhabitants 
 of the Capital of the Empire, congratulations ; those to 
 Maximilian were as follows, viz : 
 
 SIKE: 
 
 " The undersigned, natives and foreigners, residents 
 of the Capital of Mexico, all agreeing in their aspirations 
 for peace and public order, without distinction of political 
 opinions, and with the most profound respect, hasten to 
 salute Your Imperial Majesty, voluntarily and sincerely, 
 and also your august spouse, on your arrival at the Capi 
 tal of the new-born Empire of Mexico. 
 
 " We well understand the magnitude of the arduous 
 and glorious undertaking which is imposed on Your 
 Imperial Majesty. We estimate the abnegation at its 
 full value, also the faith and spirit which animate the 
 illustrious founder of the Empire ; and we foresee the 
 good, for which the future of this unfortunate nation 
 will be your debtor. 
 
 " We comply, therefore, with a sacred duty in offer 
 ing before Your Imperial Majesty the effusion of our 
 thanks, the testimony of our admiration, and the most 
 solemn protest to co-operate with all our strength for 
 the realization of the noble and generous mission which, 
 by a decree of high Providence, has been committed to 
 Your Imperial Majesty that of redeeming and regener 
 ating a people destroyed by civil discord. 
 
 "May it please Your Imperial Majesty to accept 
 
1 28 MAXIMILIAN. 
 
 favorably our wishes for the happiness of your person, 
 and that of your august consort, and for the prosperity 
 of your kingdom." 
 
 The deputation of ladies offered, in behalf of the 
 ladies of the Capital, to Her Majesty the Empress, the 
 following affectionate address : 
 
 "MADAM: 
 
 "The presence of Your Imperial Majesty in this 
 part of the New World, as a companion of the mag 
 nanimous Prince destined by Heaven to govern it, has 
 just realized the many honors which are reunited on the 
 throne which is raised to-day upon the love of this peo 
 ple. Our happiness is complete, in representing before 
 Your Imperial Majesty the families of the Empire, and 
 of being the organ of these sentiments of affectionate ad 
 hesion and of purified fidelity with which Your Majesty 
 is surrounded, in the midst of an applause and of a re 
 joicing which have no limits, and which would be the 
 best title (if there could be any superior to your noble 
 virtues) to the crown which encircles your brow, and 
 which prepares for Mexico a worthy name from the 
 glorious race which brought, with Christianity, to these 
 distant regions, culture and civilization. 
 
 "Policy, Madam, will speak under a thousand differ 
 ent forms of the prosperous exchange which it realizes, 
 and which excites such a lively and deep interest in 
 Europe and America. It only belongs to us to contem 
 plate your eminent qualities, with which divine Provi 
 dence has endowed you, without doubt, with the design 
 that there may shine in them all that is elevated in the 
 majesty of the throne, all that is tender in the heart of 
 princes, and all that is exemplary and modest in the 
 bosom of private life. With Your Majesty and your 
 august husband, who are the objects of public admira- 
 
MAXIMILIAN, 129 
 
 tion, and the delight of this vast Empire, commences 
 the dynasty which takes the name of your new country. 
 It will be able to figure by the side of the country of 
 Charles V. and Mary Theresa ; by that of Louis Philippe 
 and Xapoleon III., and by that of the respected and be 
 loved Sovereign the father of Your Imperial Majesty. 
 
 " We, Madam, shall never cease blessing you for the 
 services you render Religion, the fountain of the great 
 ness of Mexico, and of that generous character which is 
 ennobled to-day by a model and by an example which 
 cannot be less than admired. Your Imperial Majesty 
 being a worthy heir of two great queens, your grand 
 mother and your mother, religion can suifer nothing 
 Before your throne. And when Heaven, with a singular 
 clemency, sent us a pledge of peace and union which 
 may cause us to forget what has divided Mexicans, we 
 cannot deceive ourselves by assuring Your Majesty that 
 those wishes and that hope are going to be realized. 
 
 " Permit us, then, Your Majesty, to present you the 
 profound homage of our respect and of our obedience, 
 and the warm gratitude with which the families of the 
 Capital are possessed, and who bless your name, and who 
 will never cease asking Divine Providence for the happi 
 ness of the kingdom, and of your august husband, to 
 whom He so visibly dispenses His bountiful protection. 
 Your genius and your piety will assure your new coun 
 try a worthy name in the world, and a prolonged peace." 
 
 The quarters reserved for Their Majesties were the 
 Collegiate church. The Archbishop escorted them into 
 it, and said to the Emperor, " This is the house provided 
 for Your Majesty." He replied, "It is magnificent." 
 
 The Sovereigns remained over-night; and on that 
 day and the following they received many people in 
 their apartments. 
 
 The next day, Sunday, the 12th of June, after Mass 
 6* 
 
130 MAXIMILIAN. 
 
 was said, Their Majesties entered the cars for the Capi 
 tal. Arriving at the station in the city, they were sur 
 rounded by an immense throng, waiting to escort them 
 to the cathedral and palace. Banners, flags, and flaunt 
 ing streamers of all kinds were to be seen on every 
 side. Triumphal arches festooned with orange-blossoms 
 scented the balmy air ; ribbons and roses, all tinselled, 
 twisted, and curled, covered the earth, and were woven 
 in wreaths at every window ; portraits of the Sovereigns 
 were smiling at you in every street ; ladies were gayly 
 attired, as for their wedding-day; polished carriages 
 mirrored the passing objects ; mounted men with their 
 silver-corded broad-brimmed hats, were prancing their 
 gallant steeds all mantled with saddles, bridles, and 
 housings woven with silver and gold ; uniformed sol 
 diers all laced for review, with glittering lances and gold- 
 burnished armory ; all, all, glittered like a bed of dia 
 monds. And while all these were gleaming in the eye, 
 artillerymen and musicians were tingling the ear with 
 their variations, from the mellow breath of the flute and 
 horn to the thunder-notes of the deep-toned cannon, 
 mingled with shouts, the neigh of horses, and the chim 
 ing of bells ; until it appeared as though the world was 
 turned into a gorgeous show, where audience and actors 
 were promiscuously mingled. 
 
 When Their Majesties, with their grand cortege, ar 
 rived at the stopping-place called Parador de la Con 
 ception, they halted, and received from the hands of the 
 Municipal Prefect, D. Miguel Maria Azcarate, the keys 
 of the city ; at the delivery of which, the Prefect, in a 
 short address, welcomed the new rulers in a most cor 
 dial manner. The Emperor, with a good deal of feel 
 ing, responded, as though he believed that the reverence 
 paid him came from the depths of the Mexican heart. 
 
 The keys that were delivered to Plis Majesty were of 
 gold, beautifully enamelled in places, and richly wrought 
 
MAXIMILIAN. 131 
 
 by a Mexican artist. One had on its head an eagle ; the 
 other possessed the imperial diadem; and both were 
 placed on a silver waiter of exquisite filigree-work. 
 
 The Sovereigns then entered their carriage again, and 
 proceeded through the city, followed by the splendid 
 procession, until they reached the ancient, the costly, 
 and far-famed cathedral of the city of Mexico, adorned 
 with massive silver and gold. Halting in front of that 
 venerated temple, the imperial pair stepped down from 
 their vehicle, and were received by the Archbishop, un 
 der a pall, a richly emblazoned canopy of metallic lustre, 
 and entered the holy sanctuary. The main door of that 
 immense, massive structure was decorated with an arch 
 woven with red, white, and yellow flowers, surmounted 
 with the imperial crown of the same material, made by 
 the Indians of Xochimilco, and in which was interlaced 
 this inscription, " Xochimilco to His Imperial Majesty 
 Maximilian I." The arch was surmounted with a cir 
 cular inscription, traced with flowers, as follows: " llth 
 of June, 1864." At each door of the cathedral was an 
 oil portrait of the Emperor. The interior was illumi 
 nated and decorated gorgeously. Velvet tapestry of 
 bright cochineal hue, elegantly fringed with balls of 
 gold pendent therefrom ; streamers hanging from the 
 arched dome, with trophies of national ensigns mingled 
 therewith ; Mexican, French, Austrian, and Belgian ban 
 ners representing the friendly powers : and with all this 
 magnificence, the mantle of solemnity was worn by all, 
 in reverence for the place and occasion. 
 
 Their Majesties occupied the throne prepared for them. 
 His Majesty was dressed in the uniform of a Mexican 
 General, bearing upon his breast the insignia of Grand 
 Master of the Order of Guadalupe. The Empress wore 
 a blue-and- white silk dress, a blue scarf, and a hat adorn 
 ed only with beautiful flowers, as fresh as her own fair 
 cheek. 
 
1-2 MAXIMILIAN. 
 
 As the imperial pair took their position, the grand Te 
 Deum commenced, intoned by the Most Reverend Seiior 
 Labastida, accompanied by the accomplished orchestra. 
 
 At the end of this solemn ceremony, Their Majesties, 
 escorted by the Archbishop, Bishops, and clergy, pro 
 ceeded on foot to the palace, over carpeted ground, be 
 neath an elegant canopy, a distance of about six hundred 
 feet. Having arrived in the palace, preparations were 
 soon made to receive the officers of State and other dis 
 tinguished persons. 
 
 The master of ceremonies, according to the rules of 
 etiquette, called the authorities of the government in 
 order, and presented them to Their Majesties. The first 
 called were the acting Secretaries of State and General 
 Bazaine. Soon after this, the Sovereigns rested awhile, 
 and were ready to view the artificial lights at night, 
 which are in Mexico, at times, presented in a superb 
 style. 
 
 That night was illuminated beyond comparison ; so 
 that it seemed as if day had broken forth by mistake, from 
 the disarrangement of the " orbed continent." Every 
 thing dazzled in the dancing lights, from house-tops 
 down. Jets of fire whizzed here and there, like meteors 
 in the heavens ; stars were bursting in the sky, imitating 
 the vault of the universe ; wheels of rainbow-fire whirled 
 on their axes as though turned by the wild lightning 
 spirits that darted athwart the heavens with comet speed ; 
 and one might well have fancied that the great Pyro 
 technist was that ancient war-god, Mexitli, who had 
 been aroused from his five centuries of slumber by the 
 announcement of that tumultuous demonstration of 
 splendor, and, swelling forth a blast from his trump of 
 battle, led on his mighty host in barbaric pomp, and 
 flamed the heavens with his fiery elements of war. 
 
 With all that dazzling blaze ended the gay pomp of 
 that gorgeously arrayed procession, that turned its back 
 
MAXIMILIAX. 133 
 
 upon the sea, traced the heated sands, and, through 
 richly enamelled vegetation, wound up the rugged steeps 
 of picturesque grandeur. What a change ! what a va 
 riety they passed through, as they left the murmurs of 
 the loud-voiced ocean to view the glassy lakes around 
 that fair city, where centuries ago the ancestors of Max 
 imilian laid claim to its lands and waters, when the name 
 of Moctezuma was synonymous with the god of earth. 
 
 If it be thought that this description is painted in too 
 glowing colors, and considered but a sketch of fancy, 
 let those speak who saw the glittering reality, and who 
 will clearly testify that this is no web of fiction. 
 
 It would be no easy task to delineate in true shades 
 the splendor and magnificence of the festivities in honor 
 of that great event, the re-establishment of the Mexican 
 Empire. 
 
 The smiling faces of the Mexican people at that time, 
 among high and low, were the dial-plates of their hearts. 
 Thus thought observing foreign residents. 
 
 It seems to me that it cannot well be denied that such 
 an exhibition of magnificence may truly be considered 
 as some evidence of the real affections of the people. 
 That it could all be a disguise is not probable. Those 
 who were close observers of all that show of pomp and 
 merriment, are of opinion that it was a mirror which re 
 flected the true sentiments of the citizens of Mexico. 
 
CHAPTER IX. 
 
 National palace Maximilian s course in Mexico Personal character Reve- 
 enue as Emperor Manner of living Decrees Palace of Chapultepec 
 Residence at Cuernavaca Scenery on the road. 
 
 E residence of the Emperor in the city of Mexico 
 JL was the National Palace. 
 
 On the north side of the great square, or Plaza Mayor, 
 stands the far-famed temple, the Cathedral. It has an 
 exquisitely-wrought and costly fayade, but its exterior 
 is so dimmed by time that it carries your mind far back 
 into the past. It reckons its age by centuries. As you 
 turn your eyes from it, toward the rising east, you ob 
 serve a long, very long and massive pile of stone and 
 mortar, that stretches across the entire eastern side of 
 that square, a distance of two hundred and forty-six 
 varas, or Spanish yards. That is the National Palace. 
 It has no architectural beauty, no polish of surface, but 
 you are struck at the sight of its length with a little 
 surprise, and you look again to see if you are not mis 
 taken as to its being one building ; then immensity is 
 the word that your thoughts suggest. 
 
 The same ground supported the lordly palace of 
 Moctezuma. This ancient city, called by the Aztecs 
 Tenuchtitlan, was taken by the conquering soldiers of 
 Cortez, August 13th, 1521, and then nearly destroyed. 
 The Spaniards began its reconstruction in 1524. Then 
 was laid a part of its present foundation. If the records 
 be not incorrect, that palace belonged to the family of 
 Cortez until 1562, when it was purchased by the king 
 of Spain for the viceroy, for the Bum of thirty-three 
 thousand three hundred dollars. The royal officers took 
 
MAXIMILIAN. 135 
 
 possession August 19th of the same year. The capacity 
 of the building was, after many years service, found in 
 adequate for the purposes of governmental affairs, and, 
 in 1693, it was rebuilt, at an expense of nearly a million 
 of dollars. 
 
 Tradition has handed down a decree, written in the 
 Book of Fate, which reads that no man can occupy that 
 palace as a ruler over Mexico without coming to an un 
 natural death, or meeting with some sad misfortune, 
 that such a Sovereign should stoop from his pride of 
 place, and answer to the call of the executioner, or mis 
 fortune s beck ! As we look over the long list of chiefs, 
 we see with what unerring judgment Fate has followed 
 them. Arista among the dead, Juarez among the living, 
 are the exceptions. 
 
 The palace covers a block of ground, and is square. 
 The two front corners have each a tower. The floors 
 are made of brick, with the exception of a few, which 
 are wooden. It has three stories. There appears to be 
 three general divisions. The southern part was occupied 
 by the Emperor and Empress ; the centre by officers of 
 State ; and the northern by soldiers and prisoners. 
 The eastern half also was occupied by soldiers. There 
 are three entrances into the fa9ade. The centre one 
 leads you into a court which is about one hundred and 
 fifty feet square, surrounded by two corridors, one above 
 the other, both of which are supported by ten arched 
 stone columns on each side. 
 
 On the north side of this court is the apartment now 
 occupied by the President, and formerly, under the Em 
 pire, by the Princess Iturbide. The southern entrance 
 opens into a court about seventy-five feet by sixty, also 
 surrounded by corridors. The northern door conducts 
 into another court, without any corridor. There are 
 several other courts in the eastern half, for the purposes 
 of light, air, and convenience of communication. 
 
136 . MAXIMILIAN. 
 
 The lower story was occupied by servants, and as 
 store and carriage houses. The second story, with lower 
 ceiling, was for offices. 
 
 The great reception-room, sometimes called the Itur- 
 bide Saloon, is in the front of the third story of the 
 southern half of the palace, being about two hundred 
 and fifty by thirty-six feet in dimensions. This is not 
 a remarkably fine or costly room. The ceiling exhibits 
 the cross-timbers, polished and varnished, with gilt 
 edges. It has about a dozen candelabras pendent, 
 and several supported by stands of large Chinese vases. 
 The floor is of dark wood, neatly laid. This saloon 
 contains many fine oil portraits among which are 
 those of General Washington, Emperor Iturbide, Presi 
 dent Arista, Generals Guerro, Matamoras, and Mina; 
 Curates Hidalgo and Morelas. That of the Emperor 
 Maximilian has been taken down, leaving the frame 
 in its position. They are all life-size, and in large gilt 
 frames. 
 
 Adjoining, and running parallel on the east, is the 
 Lion Saloon, so called because two marble lions lie as 
 sentinels therein, which room is about sixty by twenty 
 feet. It is adorned with portraits of Ferdinand and 
 Isabella, in one frame ; also those of Charles Y. and his 
 mother, likewise within one frame. These are ancient 
 paintings. Passing out of the south end of the recep 
 tion-room into a small room, then turn facing the east, 
 you enter the audience-room, which is at a right angle 
 with the reception-room, and is nearly forty by twenty 
 feet in extent, having an oaken floor, neatly made like 
 inlaid work. The walls are covered with crimson silk 
 damask, in which there are woven at regular intervals 
 the Mexican coat of arms, also the words, " Equidad en 
 Justia" (Equity in Justice). An adjacent room, with 
 like walls, and cedar floor, one hundred by twenty feet, 
 is the picture-gallery, now unadorned by paintings. 
 
MAXIMILIAN. 137 
 
 The chapel is the room formerly used by the Senate, 
 under the old Constitution, prior to 1857, when the legis 
 lative body had a Senate. It is seventy-five feet by 
 twenty-five, with plastered walls, covered with silk for 
 a space of twenty feet in length by fifteen in height on 
 each side near the altar. The ceiling has a blue ground, 
 spangled with stars. On each side of the aisle there is 
 a row of nine pews, each capable of holding six persons. 
 On the left, near the altar, were two seats for Their Ma 
 jesties. The room is lighted by six semicircular win 
 dows near the ceiling. The altar was quite plain, 
 having a cross with the Saviour, gilded, and six large 
 candlesticks. There is also a gallery over the entrance. 
 
 Attached to the palace, and within the outer walls of 
 the exterior, is a small garden, with not a large variety 
 of flowers ; but among them is one borne by a tree some 
 twenty-feet high, which flower is in the shape of a bird s 
 claw, flesh-color, called manito (small-hand), and blos 
 soms in February. This is a rare tree, and it has been 
 said to be the only one in Mexico. A fountain throws 
 up its jets of water, that sparkle in the sun, and reflect 
 .prismatic hues. A small theatre was built therein for 
 imperial recreation. Such is a partially delineated pic 
 ture of that mansion where monarchs and presidents 
 have held their courtly revels, nearly all of whom now 
 dwell in mansions not coveted by man. Maximilian 
 once observed that he always felt in that palace like a 
 solitary nun in a convent. 
 
 As Maximilian became seated on his throne, and sur 
 veyed his new country, its people, their habits and cus 
 toms, the condition of the exchequer, the friendly and 
 inimical surrounding powers, it was quite apparent that 
 there was a great scope for the exercise of administra 
 tive talent, as well as military. 
 
 It is true it was hoped that the contending struggle 
 ,of the bordering Republic would so long continue that 
 
IBS MAXIMILIAN. 
 
 sufficient attention could not be given from that source 
 to the new Empire, to endanger its permanency. And 
 thus with the French elements their bone and sinew, 
 their munitions of war, for a few years, would give His 
 Majesty time to have built a living wall out of the na 
 tive material, that would be able to resist the disturbing 
 factions within, which were mainly to be feared rather 
 than any exterior attack. There was a contest against 
 a great political principle, which is more hazardous than 
 a mere struggle against man Imperialism against Re 
 publicanism. 
 
 The great and continued enthusiasm which had been 
 heaped upon him and the Empress, from the very mo 
 ment they touched the shores of the Empire till they 
 reached its capital, had brought the conviction to his 
 mind that he was looked upon as their benefactor, and 
 that the number of dissidents was far below the majority 
 of the people. And yet he was not unmindful that, in* 
 an empire of such vast territorial extent, and in many 
 parts so sparsely settled, diversified by mountain bar 
 riers, ready access to many important places, with ade-* 
 quate forces either defensive or offensive, was quite diffi> 
 cult. He saw the necessity, as it was plainly obvious, i 
 of having sufficient forces to keep down the spirit of* 
 civil discord fomented by the few malcontents. \ He was 
 not ignorant of the fact that Mexico had always had at 
 least two parties antagonistical to each other ; and as it i 
 had thus been under a Republican form of government, 
 the continuation of a disaffected party was in some 
 degree to be expected ; while, at the same time, it 
 was by no means even prima-facie evidence that the 
 latter was composed of anything near a majority of the 
 citizens. 
 
 The Juarez party had fallen back from the heart of 
 the country, until those that composed it found them 
 selves away to the north, few in number, and without 
 
MAXIMILIAN. 139 
 
 funds, while but a small part of the national territory 
 acknowledged its sway. 
 
 The actual jurisdiction and possession of the Imperial 
 forces had extended, like the rippling waves of the still 
 waters from the drop of a pebble, until it embraced 
 nearly all of the Mexican territory. 
 
 Whatever views the world, generally, may entertain 
 as to the justness and correctness of the Emperor s con 
 clusion in regard to the loyalty of the Mexicans, he was 
 not alone in his judgment upon that point. There were 
 but few foreign residents, if any, who had endeavored 
 to observe affairs impartially, that did not coincide in 
 that conclusion. 
 
 His Majesty began, immediately after his arrival, to \ 
 busy himself in earnest with governmental operations. I 
 Many offices that were absolutely requisite for the just 
 administration of affairs had been created and filled be 
 fore his departure from Europe. 
 
 As he arrived on Sunday, the twelfth of June, at the 
 Capital, one day was deemed necessary for rest and per 
 sonal convenience. On the fourteenth he commenced 
 business. Attention was forthwith given to the public 
 debt, the repletion of the exchequer, the establishment 
 of the national flag, the commissioning of the requisite 
 officers, the appointing of ministers as representatives 
 abroad, and of consuls, and the formation of courts of 
 justice ; all of which was illustrative of energy and 
 ability. 
 
 It was a great principle with him, that all should be 
 equal before the law ; also, that whoever had cause of 
 complaint should have a proper hearing, and before him 
 in person, if they desired. In order that an opportunity 
 should be given to address him personally, he decreed, 
 in the latter part of June, 1864, that he would give a 
 public audience at the National Palace at one o clock on 
 every Sunday, commencing on the first Sunday in the 
 
140 MAXIMILIAN. 
 
 following July. Forty-eight hours notice was required ; 
 also the registry of the name of the applicants in chro 
 nological order, not according to rank. Neither color nor 
 poverty was a barrier to an interview with the Emperor, 
 when any complaint was to be made or favor to be so 
 licited. 
 
 On the 6th day of July, 1864, he issued a general am 
 nesty to all political prisoners, which included those who 
 had been sentenced. 
 
 The existing laws were speedily examined, in order 
 that a just knowledge of the legislative wants of the 
 people should be obtained. As rapidly as possible de 
 crees were issued for the purpose of advancing immigra 
 tion, education, commerce, mining and agricultural pur 
 suits. Every stimulus was given to the business of de 
 veloping the country, and increasing the modes of trav 
 elling and transportation, that could be, under the exist 
 ing condition of affairs. Telegraphic and railroad en 
 terprises were encouraged as much as possible. 
 
 The officials of the government were stimulated to 
 the performance of their respective functions by medals 
 of the different orders of merit, as His Majesty deemed 
 them worthy. 
 
 The deportment of His Majesty toward all the offi 
 cers in the various departments of government, from the 
 highest to the lowest, was most affable and kind. He 
 never exhibited the slightest haughtiness. Every act 
 of the Emperor was as void of aristocratical rigor as 
 the proceedings of any former sovereign who bore the 
 name of " President." It was difficult for the greater 
 mass of the Mexicans to distinguish any very remarkable 
 difference between the forms of the government under 
 the Empire from those of the Republic. The main 
 distinction rested in the greater activity of all. classes 
 of business under the former, while in fact it sa 
 vored quite as much of democracy. Under the Re- 
 
141 
 
 public, the President issued decrees ; under the Empire, 
 the Emperor did likewise. The latter established laws 
 equally liberal in every respect as the former ; and his 
 courts of justice were composed of the best class of men, 
 the most learned in the science of jurisprudence. One 
 of the Emperor s great leading maxims was justice. 
 His motto, that met the eye in every public place, was, 
 " Equity in Justice." 
 
 Sin, plated with gold, was no impenetrable armor to 
 the sword of justice; and poverty clothed in rags re 
 ceived no greater infliction from the same weapon. There 
 was a broad equality, which, if it had received the ap 
 pellation of " republican," could hardly have appeared 
 less oppressive to the mind or purse. 
 
 The great business community were of opinion that 
 the nature of the institutions of the Empire were highly 
 favorable to the advancement of commerce and the 
 general interests of the country. The lower class per 
 ceived no objection to the reign of His Majesty, but 
 were rather pleased with it. The Indians have been 
 frequently observed drawing a piece of money from their 
 pockets which had the form of His Majesty s head upon 
 it, pointing to it, and saying, " That is the man who pro 
 tects us." It is some proof, at least, that that class of 
 the community were not impressed with the belief that 
 oppression was allotted to them. 
 
 The Emperor and Empress both paid a great deal of 
 attention to the education and support of the poor. 
 Hospitals were established, visited, and cared for, by 
 those sovereigns, as much as time would permit. 
 
 No ruler of the nation had a greater desire to devel 
 op the resources of the country, to advance its general 
 prosperity, and to educate the people. Although a 
 monarch, he did not believe that his empire would be 
 better supported by the columns of ignorance. He was 
 enthusiastically in favor of popular instruction. Solid, 
 
142 MAXIMILIAN. 
 
 stable, as well as decorative knowledge, he thought 
 should be widely diffused. He was equally enthusiastic 
 in opposition to bigotry and intolerance. To have a 
 few brilliant intellectual lights illuminating the general 
 darkness, was for him insufficient ; he wished every 
 human being within his Empire to be a light of knowl 
 edge, whose brilliancy should be increased by the oil of 
 perseverance and time. He was emphatically the friend 
 of mankind. Probably no prince in Europe was more, 
 democratic in all his views than he. 
 
 His show of sympathy towards men was real ; for he 
 had in that no vanity, no pride, to be satisfied with the 
 buzz of admiration. It was that satisfaction only which 
 his conscience receiA r ed from the performance of duty. 
 He believed in his heart that it was his religious duty 
 to enlighten his people. He viewed with admiration all 
 moral advancement. He was a monarch by title a re 
 publican in his actions. 
 
 ""One day, while in the city of Morel ia, in the State 
 of Michoacan, an ordinary Mexican cried out, " Viva 
 the President of the Empire !" His Majesty smiled, and 
 said that he would not object to the adoption of that 
 title, but that the people in Europe might criticize it. 
 
 The revenue of His Majesty was at first fixed at one 
 and a half million of dollars per annum, by the Regency. 
 After the first year, it was reduced to one half of a mil 
 lion, at his suggestion. The first amount was the same 
 as that allowed the first Emperor, Iturbide, by the Mexi 
 can Congress, December 28th, 1822. Although His 
 Majesty drew a large amount of his revenue, yet he 
 personally received no particular benefit therefrom, ex 
 cept a comfortable living. He was not extravagant; 
 and the money unappropriated for his household affairs 
 went to the poor. The greater part of his revenue was 
 spent for charitable purposes, and the payment of the 
 officers on the Civil List. All of it circulated in the 
 
MAXIMILIAN. 143 
 
 country. So that its expenditure benefited the mechanic, 
 the merchant, and especially the poor. 
 
 Thus it would appear, at first blush, that the sovereign 
 head of the nation was oppressive in his financial de 
 mands upon a considerably exhausted exchequer, yet, 
 after all, he was exceedingly frugal in fact. 
 
 The Emperor lived plainly. Nor could the articles of 
 his household furniture be considered of too costly a 
 character for a sovereign. He well knew that the 
 greatness of a ruler was not measured by the value of 
 the silver, gold, and brilliancies in his mansion ; nor by 
 the glitter of richly decorated equipage, with its long 
 train of tinselled escort. It is true, that among his three 
 elegant carriages there was one beyond the ordinary 
 value and richness of vehicles which are made even for 
 the conveyance of imperial sovereigns. But he obtained 
 it by no expenditure from his own purse, nor the treas 
 ury of Mexico. It was presented to him by the citizens 
 of the city of Milan, as a token of affection and esteem. 
 One cannot view a gift of such artistic skill and of so 
 much value, without being reminded of the fact, that 
 Maximilian could notjia^e-been considered a8 a tyran 
 nical Governor over the province of Lombard- Venice. 
 
 The exterior of that superb carriage is nearly all richly 
 gilded particularly the iron-work. The small part of 
 the wood-work not gilded, is bright crimson. The ex 
 terior of the body is veneered with tortoise-shell. One 
 large shell covers the door, on which is beautifully por 
 trayed the Mexican coat of arms. The handles, hinges, 
 buckles on the straps, the caps and rims of the hubs, a 
 fabled griffin on the top at each corner, and the coat of 
 arms surmounting the carriage on every side, are of solid 
 silver. The top is about nine feet from the ground, 
 curving outward a little, bell-shaped, and a foot wider 
 than the centre. On each exterior corner is an angel 
 some eighteen inches long, richly gilded all over. 
 
144 MAXIMILIAN. 
 
 The interior is of richly figured light-colored damask 
 silk. It cost twenty-four thousand florins ; which is less 
 than twelve thousand dollars. It has been used but five 
 times, twice in Milan, and three times in Mexico, in 
 the latter country, on the sixteenth day of September, 
 1864 and 1865, the anniversary of the Independence of 
 Mexico, and on the sixth of July, 1865, the anniversary 
 of Maximilian s birthday. It is now locked up in the 
 carriage-house of the National Palace. It would sug 
 gest itself to refined minds of honor, that, inasmuch as 
 it was a present from the people of Milan, the magna 
 nimity of the conquerors ought to be great enough to 
 cause it to be returned to the family of Maximilian. 
 
 The Emperor had forty mules, thirty of which were 
 white ; and six of the latter were usually driven in the 
 carriage in which he rode. He also had sixty horses ; 
 several of which were expressly to be used under the 
 saddle. 
 
 He was anxious to bring about harmony with the dis 
 sidents on the mildest terms. On the 27th of July, 
 1864, he issued a decree to the effect that those who felt 
 disposed to lay down their arms, could do so, and return 
 to private life, without being questioned as to their po 
 litical views. 
 
 August 7th, 1864, he decreed that every one might 
 freely express his opinion upon all official acts, with a 
 view of showing their error and ill consequences. 
 
 Highway robbery became so frequent, that the Em 
 peror issued a circular, September 16th, 1864, in which 
 it was ordered that those charged with the crime of rob 
 bery should be tried before the French Court-martial. 
 Many of those who were tried and executed for that 
 crime have been considered by the Liberals as political 
 prisoners, and the charge of cruelty therefor has been 
 made against the Emperor. 
 
 Soon after the machinery of government under Maxi- 
 
MAXIMILIAN. 145 
 
 inilian was in good running order, he sought for a rural 
 spot in which to repose some place outside of the hum 
 of the city walls, where he might survey Nature s beauty, 
 reflect in silence upon the vastness and richness of his 
 adopted home, and meditate upon the contemplated 
 splendor that was to surround his new empire. And 
 what could suggest loftier ideas than the sight of that 
 bold, grand, and sublime mountain-pile, Popocatepetl, 
 with its hoary head bathed in the summer cloud, while 
 nearer and all around Nature was arrayed in her mantle 
 of loveliest green, all studded with Flora s variegated 
 colors. The Emperor found all this, coinciding in taste 
 with Moctezuma, by selecting the famed hill of Chapul- 
 tepec as his country-seat. 
 
 A little south of west, at a distance of two and a half 
 miles from the city of Mexico, stands the palace or castle 
 of Chapultepec, on elevated ground, nearly two hundred 
 feet higher than the surrounding valley, which on the 
 east side presents a porphyritic base, still bearing the 
 prints of Aztec sculpture. The base of the hill from 
 east to west is not far from fifteen hundred feet in length, 
 and from north to south about one thousand, and oval 
 in form. The eastern exterior line of the grounds is 
 bounded by a long one-story stone house, nearly two 
 hundred feet in length, near the centre of which is the 
 entrance, through a large arched portal. Surrounding 
 the hill for several hundred yards is a beautiful grove of 
 elms, poplar, oak, and cedar. The latter class of tree 
 has some among its number whose mighty trunks in 
 form the traveller that they shaded tUe old chieftain 
 Moctezuma from the noonday sun, while he plotted for 
 the defence of his home against the advancing hordes 
 of the Spanish invaders. The maguey, the narrow leaf 
 pepper-tree, with its crimson berries, wild shrubbery, 
 mingled here and there with some sweet-scented flowers, 
 spread all over the steeps of that enchanted crest. An 
 
 7 
 
146 MAXIMILIAN. 
 
 ancient road winds around its base, once only tracked 
 by Indian foot-prints. Now is seen a superb macadam 
 ized road, that circles around from the east toward the 
 right, until it reaches the summit of the terraced hill on 
 the western side. This is one of the wise improvements 
 of Maximilian. The building that faces the city is one 
 hundred and twenty-five feet long, with two verandas, 
 one above the other, supported by seven columns of the 
 Doric order, between which is an iron balustrade three 
 and a half feet high, richly gilded. From these veran 
 das the view is perfectly enchanting. The great city in 
 front, its cathedral, with its twin towers, catches the 
 eye, as the great guiding object ; the serrated moun 
 tains circled in the distance, the green lawns all around, 
 studded with beautiful shade-trees, and variegated with 
 
 O 
 
 the mosaic work of Art and Nature combined in its culti 
 vated fields, present one of the most charming views 
 to be witnessed anywhere. It causes the traveller 
 to exclaim, "Who would not live in the valley of 
 Mexico ?" 
 
 The width of the front building is twenty-five feet. 
 It has six rooms in the upper story, which was occupied 
 by Their Majesties. There is nothing fine in the con 
 struction of this palace, nor did it contain costly furni 
 ture. The southern end has annexed thereto a tower 
 ten feet in diameter, and about forty in height. The 
 west side has also a veranda. The north end has a wing 
 running west about twenty-five feet. About fifty feet 
 in the rear of the centre of this building is another one, 
 running west over two hundred feet, at a right angle 
 with the former; on the east end of which is another 
 tower thirty feet in diameter, and fifty high, having 
 w r ithin it a spiral stairway, and surmounted by a gilded 
 iron railing. In the latter building is a new dining-room 
 one hundred feet long and twenty-five wide. It has five 
 windows on each side, between which are two fluted 
 
MAXIMILIAN. 147 
 
 Corinthian pilasters ; and the cornice, which is very neat, 
 is adorned with a gilded crown and Mexican eagle al 
 ternate. The floor is of oak, This room, as well as the 
 main part of the building, is not completed. 
 
 In the parterre in the rear of the front building, and 
 running along on either side of the other structure, are 
 exquisite groups of flowers, among which are the rose, 
 the jessamine, the myrtle, the fuchsia, the honeysuckle, 
 and countless others, mingling their ingredients in the 
 balmy air, until intoxication from the sipping of the 
 scented compound lulls the buzz of the numerous gaudy- 
 plumed humming-birds. In front of the large tower is 
 Ji fountain, throwing up its glittering spray, while the 
 surrounding bronze statues are apparently silently list 
 ening to the music of its pattering drops. This was a 
 favorite spot for Moctezuma, as it was for others who 
 came before him in the same ancestral line. 
 
 "While Maximilian was charmed with the interesting 
 grounds of Chapultepec, he occasionally desired to wan 
 der where the sunbeams of the warmer clime of the 
 lowlands bathed the tropical fruits; and where, in order 
 to reach the spot, he would have to journey through 
 wild mountain-scenery, receiving the pleasures of the 
 ride, while he drank in the odors of the forest foliage, 
 and photographed on memory s leaf the surrounding 
 grandeur. 
 
 Cuernavaca, fifty miles south of the capital, was the 
 attractive garden of the tierras calientes. Here he was 
 surrounded by wild and cultivated flowers, aromatic 
 shrubs, intermingled here and there with some stately 
 and gracefully-bending tree, that cast a pleasant cooling 
 t shade beneath the burning sun. 
 
 ^ It was a retreat particularly interesting and romantic 
 to the Emperor and to the Empress, who not unfre- 
 quently accompanied him there. His Majesty visited 
 that valley quite often, remaining there from three to 
 
143 MAXIMILIAN. 
 
 ten days at a time. The climate is charming during 
 winter and spring. 
 
 Bathing in the limpid waters, in the early morn, was 
 a treat of which the Emperor availed himself. He ex 
 pended no large sums of money there for costly man 
 sions, nor for imperial show of grandeur. He first re 
 sided in an ancient building, formerly occupied by 
 Cortez, which the Ayuntamiento tendered him. As it 
 was considerably dilapidated, and not pleasant, he 
 rented a better one, for which he paid $40 per month. 
 He also purchased a tract of land containing about five 
 acres, at Acapamzingo, a half-league distant, on which 
 he erected a small house, with five rooms and a bathing 
 place. He cultivated a little flower-garden near the house. 
 
 Cuernavaca had its charms for Cortez. He owned 
 there an extensive estate, which may be seen to-day 
 pouring forth its riches, in luxuriant growths of sugar 
 cane, coffee, and spangled all over with golden fruit. 
 
 Long before the traveller reaches that enchanting 
 rural spot, the eye has been enchained by the sumptuous 
 beauties of the road-side. The scenery is rich, beautiful, 
 wild, and grand. You cast your eye downward, and 
 you behold the slanting rays of the sun burnishing the 
 deep ravines, fathomless to the eye ; but from which, in 
 countless places, shoots up exquisite foliage, apparently 
 springing from an aerial base, or, as one might fancy, 
 supported by some angelic hand anxious to bathe its 
 paradisaical vegetation in the soft mellow light of the 
 sunbeams. Amid the thickets, intertwined and em 
 broidered with intoxicating flowers, is heard the various 
 notes of the bird of Paradise and other sweet songsters, 
 clothed in their mail of deeply-dyed plumage. 
 
 High above and around, massive rocks stand as sen 
 tinels, as if to guard the bewitching scenery from the 
 touch of man, and sometimes curtain from his sight the 
 deep-growing beauties that sparkle below. 
 
MAXIMILIAN. 149 
 
 And between those colossal walls float the glossy- 
 plumed warblers in the ambient air, as gently as the sea 
 gull on the ocean s deep ; and turn their golden hues 
 to the glittering sun, and sparkle like the phosphoric 
 gleam in its evening dance on the surface of a southern 
 sea. 
 
CHAPTER X. 
 
 Part of the "Provisional Statute" of the Empire Laws of the Empire and 
 Republic compared Decree of October 3d, 1865 Why issued Observations 
 of a Mexican Journal Death of King Leopold I. Audience of grief Ad 
 dress of Emperor thereat Reduction of his revenue His habit and dress 
 Ceremonies of Lavation His address, Sept. 16, 1866. 
 
 IT will not be considered as deviating from the true 
 course, to insert herein some of the principles which 
 were woven in the warp and woof of the Imperial ban 
 ner which Mexico flaunted in the breeze under the 
 monarchy. They will be somewhat illustrative of the 
 political views of him who stood at the head of that 
 Empire. A knowledge of these is requisite to draw cor 
 rect principles, from which we may judge with discern 
 ment of the character of that ruler. 
 
 If we hold them up to the light of jurisprudence, side 
 by side with the fundamental basis of the Republic, to 
 gether with the practice pursued under both, the piercing 
 eye of justice will scarcely be able to distinguish and 
 characterize more liberty, liberality, and equity under 
 the latter than under the former. 
 
 If the word republicanism is in the least degree sooth 
 ing to the thoughts, it exercises no influence in abating 
 the rigor of the law that is actually applied under it, in 
 Mexico. 
 
 On the tenth of April, 1865, at the Palace of Chapul- 
 tepec, His Majesty executed the PROVISIONAL STATUTE, 
 which is the substructure of the legislative fabric, as the 
 Constitution is of a Republic. The following is taken 
 from that Statute : 
 
 " The Emperor shall represent the sovereignty of the 
 
MAXIMILIAN. 151 
 
 nation ; and while he shall % decree nothing in the definite 
 organization of the Empire, he shall act in all its 
 branches according to his own will, or by means of the 
 authorities and public functionaries. 
 
 " The Emperor governs by means of a ministry, com 
 posed of nine Departmental Ministers. 
 
 " The Emperor shall confer with the Council of State 
 relative to the formation of laws and regulations ; and 
 upon consultation, when convenient, shall direct the 
 same. 
 
 " Every Mexican has a right to obtain an audience 
 with the Emperor, and to present his petitions and com 
 plaints. For this purpose he shall apply to the Cabinet 
 in proper form. 
 
 "The magistrates and judges, in the exercise of their 
 judicial functions, shall enjoy absolute independence. 
 
 "The military shall always respect and assist the 
 civil authorities ; they shall exact nothing from citizens 
 except through the latter, and shall not exercise civil 
 functions except when a state of siege or blockade is 
 declared as provided by law. 
 
 " The Government of the Empire guarantees to all 
 inhabitants of the Empire, in conformity to law, equal 
 ity before the law, personal security, property, exercise 
 of worship, and liberty of publishing one s opinions. 
 
 " No one can be detained without command of com 
 petent authority, made in writing and affirmed, which 
 can only operate against a person when circumstantial 
 evidence presumes him to be the perpetrator of an 
 offence; except when a crime is committed in one s 
 presence, in which case any person may apprehend the 
 criminal and take him before a judicial or other com 
 petent authority. 
 
 "Property is inviolable, and cannot be used, except 
 in case of absolute public utility, by means of prior and 
 complete indemnity, and in the form prescribed by law. 
 
152 MAXIMILIAN. 
 
 " The confiscation of property is forever prohibited. 
 All the imposts for the treasury of the Empire, shall be 
 general and decreed annually. 
 
 "Taxes can be imposed only by virtue of the law. 
 No one can be molested for his opinion ; nor shall the 
 freedom of the press be obstructed, but subject to the 
 laws regulating the exercise of that right." 
 
 Who that has long lived in Mexico under the Re 
 public, has not seen nearly every one of the foregoing 
 principles violated ? 
 
 Is property held inviolable, under the Republic ? 
 
 I have just seen the Governor of the District of Mex 
 ico go stealthily, tinder the cover of night, with men, to 
 demolish a citizen s property, in order to make a new 
 street over the ground on which the building stood. 
 
 I have seen the President making laws, after the ter 
 mination of the war, under a Constitution which pro 
 hibits him from so doing at any time. 
 
 Since the war, the liberties of the press have been 
 curtailed by that same Executive, in violation of consti 
 tutional rights. 
 
 I saw Americans who had been arrested by the 
 civil authority, and imprisoned, for three or four days, 
 without trial, without a writ, or any complaint being 
 made against them, but merely upon the verbal state 
 ment of a person, who requested the officer to make the 
 arrest. 
 
 The inhabitants are taxed OP forced to pay contribu 
 tions, not according to regularly defined laws, but in 
 accordance with the will of the Executive. 
 
 These facts and principles have not been stated here 
 in, in support of the Empire ; but that they may fall 
 under the light of comparison that the .operations of 
 those Republican officers may be seen, who have meted 
 out their vengeance upon the head of the Empire, in 
 retaliation for alleged cruelty and inhumanity. 
 
MAXIMILIAN. 153 
 
 It is not difficult for one familiar with Mexico to 
 perceive that the Executive prerogatives exercised under 
 republicanism, are not circumscribed within narrower 
 limits than those claimed under imperial sway. 
 
 The formation of the political machine under the Re 
 public cannot be considered as remarkably faulty ; but 
 the evidence presented to the world is conclusive that it 
 has been ill-adjusted by the operators. Their unwise 
 acts have so frequently obstructed and defeated the sal 
 utary effects of the fundamental basis of their govern 
 ment, that the rights of the citizens are lost sight of, and 
 they no longer look upon it as a shield to their persons 
 and property. It is to be regretted by every lover of 
 republican principles ; yet, the desire of our heart should 
 not bridle the tongue from declaring the truth as to ex 
 isting facts. 
 
 When there is in fact no constitutional restraint upon 
 the will of the Executive, in a government that hoists the 
 ensign of a Republic, it is like a false guide-board to the 
 traveller in a foreign land ; and the pirate that throws 
 to the breeze the colors of a powerful nation, is not more 
 deceptive and dangerous. 
 
 The decree executed October 3d, 1865, by His Ma 
 jesty Maximilian has been viewed as extraordinary, and 
 not within the pale of civilized governments, but fraught 
 with that severity and inhumanity, the reading of which 
 causes a shudder. The rule of the judiciary is to hear 
 both sides of a cause before rendering a judgment. Let 
 the public follow their example. Has the public ever 
 read the infamous law of January 25th, 1862, made by 
 the "Liberal party of Mexico ? That law will be herein 
 after set forth and discussed. 
 
 The above-mentioned decree of October was issued at 
 the instance of Marshal Bazaine. He appeared before 
 the Council, and stated as a positive fact that Juarez had 
 left the territory of Mexico, and that he was then in the 
 
154 MAXIMILIAN. 
 
 State of Texas, in the United States of North America. 
 Bazaine said to the Council and to the Emperor that 
 it was absolutely necessary to pass some severe law to 
 put down the malcontents : that inasmuch as the leader 
 of the opposite party had abandoned the territory, 
 the remaining few were nothing more in the eye of the 
 law than banditti ; and therefore such a decree would 
 be sustained by the law of nations. In the mind of the 
 Emperor such a law was marked with too much severity, 
 and he expressed himself decidedly opposed to it. But 
 after much debate and consideration, together with a 
 decided opinion of the ministry in support of the decree, 
 he signed it, although reluctantly. It will be observed 
 that this is one of the few decrees signed by all the 
 ministers. 
 
 That the Emperor fully believed that Jaurez was ac 
 tually beyond the jurisdiction of Mexico, there can be 
 no doubt. 
 
 That great barbarity was practised by the Liberals, 
 was a common remark in Mexico at that time. The peo 
 ple generally in Mexico believed that Juarez had left the 
 country. At least, I have talked with many in the city 
 of Mexico who said that they believed it. 
 
 As some evidence of the opinion prevailing in that 
 city, I will insert here a copy of an article taken from 
 " The Mexican Times" bearing date Saturday, Febru 
 ary 24th, 1866: 
 
 " We are satisfied that the United States press, that 
 have criticised so severely the order of His Majesty the 
 Emperor, requiring all guerrillas taken with arms in 
 their hands to be shot, are entirely ignorant of the sfate 
 of things existing in Mexico. A long time before that 
 decree was issued, the Imperial forces were suffering se 
 riously from the conduct of the dissidents. Whenever 
 they took a Frenchman he was immediately shot, while 
 the prisoners taken by the French troops were released 
 
MAXIMILIAN". 1 5 5 
 
 and sent back to their homes. The Emperor, in the kind 
 ness of his heart, has turned loose hundreds and thou 
 sands who, not appreciating his leniency, went straight 
 into the mountains and joined again their old friends 
 the robbers. This state of things lasted in Mexico for a 
 long time, the dissidents killing their prisoners without 
 mercy, while the Imperial forces spared theirs. Al 
 though there has been no organized force in Mexico op 
 posed to the Empire since the fall of Oajaca, still His 
 Majesty did not issue this decree until Juarez had fled 
 the country, leaving behind him no constituted legal 
 authority whatever to carry on the war. President Jua 
 rez took with him his entire cabinet, leaving no head or 
 leader in Mexico. As to Escobedo and Cortina, they 
 were simply outlaws who rob friend and foe, and mur 
 der for filthy lucre. Witness the murder of General 
 Parson of Missouri, and party, and the shocking bar 
 barity committed on their persons. If these guerrillas 
 are under the control of Juarez, he is responsible for this 
 wholesale murder of those innocent men. We therefore 
 request our brethren of the northern press to recollect : 
 
 " 1st. That the dissidents (guerrillas) inaugurated this 
 shooting of prisoners. 
 
 " 2d. That there had not been for many a long month 
 before the issuance of the decree by the Emperor, any 
 organized force making war upon the Empire. 
 
 " 3d. There is none now. 
 
 " 4th. Ex-President Juarez, with his whole court and 
 cabinet, had abandoned Mexico before the decree was 
 issued. The only force in arms against the Empire 
 at the time the decree was issued, were irresponsible 
 guerrillas, who robbed friend and foe, old and young, 
 women and children." 
 
 Under the foregoing state of facts, and the provisions 
 of the law of 1862, made by the Liberals, it could hardly 
 be expected by rational men that some law in retalia- 
 
1 56 MAXIMILIAN. 
 
 lion of those acts of savage barbarity would not be 
 created by the Empire. The surprise well might be, 
 that the Emperor waited so long before executing some 
 decree that would be considered a sufficient punishment 
 to deter further inhuman acts. 
 
 Soon after the issuance of the said decree of October 
 3d, near the latter part of the said month, twenty-eight 
 persons were taken prisoners by General Mendez, in 
 Morelia, in the Department of Michoacan. Four of 
 them were shot; namely, General Arteaga, Colonel 
 Salasa, and two whose names are unknown to me. 
 When information reached the Emperor that the four 
 had been executed, he felt exceedingly grieved, and 
 despatched a courier to inform Mendez that he disap 
 proved the act, and that he must shoot no more. The 
 Emperor immediately issued orders to the commanders 
 of the different divisions to execute no prisoners until 
 orders were received from him to that effect. 
 
 Although the decree was in force, it was not the in 
 tention of His Majesty to carry it out; but only to hold 
 it as a terror over the enemy, in order that it might have 
 a tendency to stop bloodshed. 
 
 With a view of preventing executions under that de 
 cree, the Emperor ordered the telegraph-office to be kept 
 open nights. And he further ordered that the operators 
 should wake him, whenever a message came which re 
 ported a capture of prisoners. He was frequently awak 
 ened under that order, and he never failed to send an 
 order prohibiting the execution of prisoners. 
 
 Further comment will be made upon the October de 
 cree, in connection with the trial of Maximilian. 
 
 A sad event occurred in December, 1865, in Europe, 
 information of which reached Mexico in the first part of 
 the following month, and mantled Their Majesties with 
 mourning and sorrow. King Leopold I., of Belgium, 
 the father of the Empress Carlota, had expired. 
 
MAXIMILIAN. 157 
 
 In memory of the departed, and respect to the living, 
 an "audience of grief" was held, January 15th, 1866, in 
 accordance with the programme previously published. 
 The Diplomatic Corps and the great dignitaries pre 
 sented themselves in full mourning, to offer condolence 
 to Their Majesties, on account of the sad bereavement 
 which had befallen them. In the midst of that solemn 
 audience, one of the Ministers of State, Senor D. F. 
 Ramirez, addressed Their Majesties in a becoming 
 style, with much dignity and with tender feelings of 
 sympathy. 
 
 His Majesty, with great kindness of heart, responded. 
 On this occasion, he expressed his feelings and opinions 
 relative to his government, which will not be uninterest 
 ing, as expressive of the sincerity of his views and the 
 rectitude of his actions. That response was in the fol 
 lowing language : 
 
 " GENTLEMEN : 
 
 "I am thankful to you for the participation you 
 have taken in the sad event which has just wounded the 
 Empress and myself. 
 
 " In such a great misfortune it is, however, a consola 
 tion to remember the great and laudable example which, 
 as a most sacred inheritance, the King of Belgium be 
 queaths to us. He, as ourselves, in accepting the throne 
 which a people offered him, met a nation to constitute 
 and a government to establish. The uninterested inter 
 vention of France enabled him to restore peace, and he 
 dedicated himself to very important internal reforms. 
 He promised liberty to his people, and during the 
 lengthy period of twenty-five years, he fulfilled his en 
 gagement. He promised security and tranquillity to 
 the country, and they were given, and with them their 
 independence, thus placing Belgium in a high rank 
 among the nations of Europe, especially in a commer- 
 
158 MArTMTLIAW. 
 
 cial point of view, and leaving spotless its noble motto 
 and banners. 
 
 " We will know how to follow that great example, by 
 which God has taught us that Providence never aban 
 dons the honest and just monarchs in their noble enter 
 prises. 
 
 "The Empress, his daughter, has just returned from a 
 laborious journey in distant lands and in dreadful cli 
 mates, without other guard than the love of the people, 
 and everywhere meeting a frank and cordial reception, 
 which shows once more the sympathy existing between 
 the nation and its rulers. This fact proves beyond a 
 doubt the error in which were laboring many ill-inten 
 tioned parties who had rumored a departure of the Em 
 press for Europe, and predicted and wished her a hostile 
 reception in the country she was to travel through. 
 
 " It is gratifying to me to express on this occasion my 
 profound gratitude to the heroic Vera Cruz and the 
 beautiful Yucatan, which received the Empress with such 
 solicitude, that its memory will ever be graven upon my 
 inmost soul. 
 
 " As to me, Gentlemen, you have witnessed my labors. 
 Discarding the dangerous theories which lead to anarchy, 
 I devoted my time to the organization of public admin 
 istration, to the development of all the elements of 
 prosperity and wealth of the country, and to the solu 
 tion of the questions which most interest it. 
 
 " In this arduous labor I have resisted the importuni 
 ties of some and the discouragement of others, knowing 
 that the wounds inflicted during fifteen years of civil 
 war do not heal in one day ; but, firm in the conscious 
 ness of my duty, I will follow unhesitatingly my path 
 with indefatigable perseverance. My strength may fail "-- 
 my courage, never ! 
 
 "I will endeavor to maintain the democratic habits 
 of the nation. I am convinced that they elevate tho 
 
 ** 
 
MAXIMILIAX. 159 
 
 minds of the citizens, impressing them with conscious 
 ness of their dignity and valor. 
 
 "I have protected the liberty of the press as long as 
 it did not degenerate into unlimited license ; at the same 
 time having the authority of the law exercised. 
 
 " Very blind is he who does not see that a strong 
 authority is the only anchor of salvation for our country. 
 
 " You have been able to observe our calm attitude 
 during that storm of calumnies raised against us abroad. 
 On, Gentlemen ! the calumnies will pass over, and our 
 work will stand. 
 
 " Strongly supported by my conscience and the up 
 rightness of my intentions, I quietly contemplate the 
 future. Mexico has placed her honor in my hands, and 
 she must know that this honor will be kept unstained 
 and unspotted." 
 
 The reduction made by the Emperor in his own 
 revenue, which includes all of that expended for the 
 Imperial House, known as the Civil List, is adequate 
 proof of his economy. On the 15th of March, A. D. 
 1866, he wrote from Cuernavaca, to the Minister and 
 Intendent-General of the Civil List, a letter which con 
 tained, among other things, the following : 
 
 " In view of the present exigencies of the treasury, 
 and while the condition of the public treasury is so bur 
 dened, it is our firm resolution to receive only from the 
 State for the Civil List the third part of the annual 
 revenue which belongs to it, according to the said de 
 cree of the Regency ; that is, the sum of five hundred 
 thousand dollars for all the said expenses." 
 
 He further observed in the same letter, that 
 
 " This reduction in the expenses is preferred by us, 
 through choice, to the customary splendor and greatness 
 
160 MAXIMILIAN-. 
 
 of the European Courts ; because simplicity and moder 
 ation better accord with the democratic ideas which 
 animate us ; and besides, it raises the prestige of the 
 monarchy as much as the brilliancy of a splendid 
 Court." 
 
 The Emperor was quite regular in his habits. He re 
 tired from eight to nine o clock. When in the National 
 Palace he frequently went to bed at eight, and at Cha- 
 pultepec usually at about nine o clock. He sometimes 
 read while in bed for a half-hour, and sometimes would 
 require his valet de chambre to read to him from some 
 German work until he fell into slumber. While at Cha- 
 pultepec he rose at three o clock in the morning, and 
 immediately commenced writing, answering letters, 
 signing documents, etc. At half-past five he took a cup 
 of coffee. At seven he rode out for an hour. He break 
 fasted between eight and nine. He drank seidlitz water 
 with ice at the table. He dined at half-past three, never 
 eating fruit at his meals, nor drinking coffee at dinner. 
 After dinner he smoked, then rode out in his carriage, 
 usually drawn by six white mules, with coachman and 
 groom, and one mounted escort in the advance. The 
 three servants dressed in apparel made of soft leather. 
 After the ride he would generally call his secretary, or 
 an officer, and play billiards. His breakfast and his 
 early coffee were usually taken without the company of 
 the Empress, that is, the coffee particularly, as it was 
 not a convenient hour for her. They invariably dined 
 together. Whenever they ate separately, he was accom 
 panied by his secretary, or some officer, and the Empress 
 by her maid of honor, Sefiorita Josefa Varela. 
 
 From one o clock to half-past two, in the afternoon, 
 was the time designated for his ministers and visitors 
 to call. 
 
 He wore, generally, light-colored pants, a black frock- 
 
MAXIMILIAN. 161 
 
 coat, black vest ; and while at Chapultepec, a soft white 
 hat, with a low crown ; and when in the city, a high- 
 crowned hat, white or gray. His overcoat was gray. 
 He also wore a set of studs and sleeve-buttons, set with 
 blue stones, which he had used for many years without 
 any change for others. 
 
 On the second finger of his right hand were two heavy 
 plain gold rings. One of them had the following inscrip- j 
 tion on the interior surface : " Prince. M. Charlotte, 1 
 27th July, 1857. G. G. G." On the Me finger of his left \ 
 hand was a gold ring with a large blue setting, having \ 
 engraved thereon the Mexican coat of arms. When 
 he retired at night, he took off one of his plain rings ; 
 and after washing the next morning, placed it again 
 on his finger. Which ring it was, or why he did 
 so, I was not able to learn. While at Cuernavaca he 
 dressed in white linen, and Panama hat. At parties, 
 he sometimes dressed in citizens clothes. 
 
 Their Majesties were both devout in their attachment 
 to the Roman Catholic faith, and in attention to its pre 
 cepts. They performed the ceremony of the Lavation, 
 on Holy Thursday, at noon, in 1866, at the National 
 Palace, in the reception-saloon. Tickets were issued 
 inviting a large number to attend ; and the apartment 
 was quite crowded. Twelve old men, of humble position 
 in life, were seated on a bench with a table before them, 
 furnished with a white cloth, twelve plates, and knives 
 and forks. On the opposite side of the room stood 
 another table prepared in like style, with twelve women 
 seated thereat. The Emperor wore the uniform of a 
 Mexican General, and was accompanied by his aids and 
 household officers. The Empress was dressed in black, 
 wearing black earrings - assisted by her maids of honor. 
 The twelve men and women were in black apparel, 
 with white collars. The table was served in courses, 
 brought in on wooden trays, by the guard palatinate. 
 
162 MAXIMITJAX. 
 
 The dishes were taken therefrom by Count Bombell and 
 Princess Iturbide, and handed to the Empress, who 
 served the twelve women with the same, at the same 
 time conversing with them. She poured out the water 
 and wine for them ; changed their plates as the differ 
 ent courses arrived; handed the used plates to Count 
 Bombell and thus continued until the conclusion. The 
 Emperor went through the same ceremony with the 
 twelve men, assisted by his household officers. Neither 
 men nor women appeared to eat very heartily, although 
 requested so to do, until the frijoles (beans) were 
 served ; and as that dish is the favorite of the Mexicans, 
 they could not resist temptation. 
 
 After the eating was finished the tables were removed, 
 but the parties remained seated, and were covered with 
 a long white cloth from their laps down to the floor. 
 
 Behind the twelve women stood an equal number of 
 girls from ten to sixteen years of age ; and behind the 
 men the same number of boys were arrayed. 
 
 The girls and boys advanced in front of the men and 
 women respectively, and turning towards them took from 
 them their shoes and stockings. The Emperor and Em 
 press, taking off their gloves, each receiving a bowl of 
 water from their respective assistants, bent down upon 
 their knees the Emperor before the twelve men, and 
 the Empress before the twelve women and washed the 
 feet of the twelve respectively ; and as they finished the 
 washing, they kissed one foot of each person so washed. 
 
 Thus ended that religious ceremony, which is per 
 formed by His Holiness the Pope, in imitation of our 
 Saviour. 
 
 On the sixteenth of September, 1866, the anniversary 
 of Mexican Independence, an address was delivered to 
 Their Majesties by D. Jose Fernando Ramirez, Minister 
 of Foreign Affairs ; on which occasion the Emperor 
 n.ade the following expression, showing how truly he 
 
MAXIMILIAN. 163 
 
 felt himself identified with the interest and welfare of 
 Mexico : 
 
 " MEXICANS : 
 
 " This is a family rejoicing. It is to rejoice together 
 as brothers, that we meet each year on this celebrated 
 day around our glorious banner. The day on which our 
 immortal Hidalgo, raising his patriotic voice with noble 
 courage, assembled the heroes of a new era for Mexico, 
 will always be for the children of our country a day of 
 rejoicing as well as a day of duty ; of rejoicing, because 
 we celebrate in it the anniversary of our nationality ; of 
 sacred duty, because every good Mexican ought to renew 
 on that day the oath to live only for the greatness, the 
 independence, and the integrity of his country, and to 
 -be ever ready to defend it with all his courage and en 
 ergy. The words of this oath are the first which I ut 
 tered as a good Mexican. I solemnly repeat them to-day 
 to you. My heart, my soul, my labors, all my loyal 
 efforts belong to you and to our dear country. 
 
 " No power in this world will be able to make me 
 vacillate in my duty. Every drop of my blood is now 
 Mexican, and if God were to permit that new dangers 
 should threaten our dear country, you would see me in 
 your ranks fighting for its independence and its integ 
 rity. I may die, but I will xlie at the foot of our glo 
 rious banner, for no human force can make me abandon 
 the post to which your confidence has called me. 
 
 " What I do myself every true Mexican must do ; he 
 must extirpate past feuds, he must bury past hate, and 
 live only for the good and the prosperity of our beauti 
 ful country. Thus united in sentiment, and following 
 the same path indicated to us by duty, we shall be 
 strong, and we shall make those principles triumph 
 which form the main object of our labors. 
 
 " Let us take advantage of each day to develop and 
 
164 MAXIMILIAN. 
 
 strengthen them. Let us unite ourselves closely to our 
 noble allies and their glorious flag, and we shall thus 
 see, growing in strength and bearing fruits, the beauti 
 ful tree of our independence, the seed of which was 
 sown more than half a century ago by the great Hidalgo 
 and his illustrious companions. Long live Independence ! 
 Long live the remembrance of its great heroes !" 
 
 When " new dangers" did arise, the Emperor was 
 true~to his promise. How well can his brave officers ami 
 men, who were around him in Queretaro, attest the truth 
 of that averment ! He asked no man to run any more 
 risk than he was willing to incur himself. The true 
 soldier, the true man, was prominent in all his bearing. 
 He was a nobleman of Nature, wanting no indorsement 
 of man to perfect the title. 
 
 About the eighth of October, 1866, the Emperor re 
 ceived the sad intelligence of the derangement of the 
 Empress Carlota. It completely prostrated him. It 
 was about two o clock in the afternoon when the news 
 reached him. He immediately rode out to the palace 
 of Chapultepec, where he shed tears all that day. He 
 remained there over ten days, confining himself closely 
 to his apartments, scarcely seeing any one during that 
 time. It was a sudden as well as a terrible blow of 
 affliction to him. Her physical condition had been so 
 good, that he never for a moment thought that such a 
 misfortune could befall her. 
 
 Smarting under the late bereavement, perplexed by 
 the course pursued by Bazaine, and believing that the 
 jealousy and discord of the latter had so weakened the 
 political ties around him, that nothing but danger and 
 misfortune could be seen looming up in the future with 
 all these thoughts pressing on his mind, the Emperor 
 went to Orizaba, about the twentieth of October, with 
 a view of leaving the country. These were trying cir- 
 
MAXIMILIAN. 165 
 
 cumstances, which called for the utmost vigor of thought 
 and resolution to determine what method to adopt. 
 But after a short reflection his drooping spirits became 
 aroused, and his inclination became strongly in favor of 
 a resolute defence till the last. Honor inspired his mar 
 tial spirit to the highest pitch. He began to meditate 
 upon the fact that they who had solicited his presence 
 as their ruler, would be left in no agreeable or safe con 
 dition after his departure ; that they had been, with him, 
 joint actors in the great work of building up the Em 
 pire, and that he could not go out of the copartnership 
 until the contemplated work should prove to be an im 
 possibility, and the framework already erected should 
 be annihilated. 
 
 But anxious that the work should proceed in harmony 
 with the majority, he-was desirous of testing the will of 
 the Mexican people. The-same rule that governed his 
 actions in coming to the country was still adhered to. 
 That is, he required the support of a majority of the 
 Mexicans in order to sustain his conscience in consenting 
 to be their head. 
 
 The fact that armed dissidents were in the field was 
 no proof that such a majority was against him. He was 
 hot ignorant of the historical fact, that the supreme 
 power of a nation is possessed by those who have the 
 implements of war in their hands ; while at the same 
 time it may be true, that they are far in the minority. 
 That such a state of things has existed in Mexico, more 
 than once, will not be questioned by those well versed 
 in its history. 
 
 He therefore expressed his views clearly to his Coun 
 cil, to Generals Miramon and Marquez, and Father 
 Fischer, his secretary, while at Orizaba. He desired to 
 receive an explanation of the will of the people ; and if 
 that will were against him, he considered that honor 
 would no longer compel him to remain for the purpose 
 
166 MAXIMILIAX. 
 
 of soliciting the people to yield to his reign, nor to force 
 them by arms. 
 
 With a view of hearing the voice of the people, he 
 issued the following proclamation : 
 
 " MEXICANS : Circumstances of great magnitude, re 
 lating to the welfare of our country, and which increase 
 in strength by our domestic difficulties, have produced 
 in our mind the conviction that we ought to reconsider 
 the power confided to us. 
 
 "Our Council of Ministers, by us convoked, has given 
 MS their opinion that the welfare of Mexico still requires 
 our presence at the head of affairs, and we have con 
 sidered it our duty to accede to their request. We an 
 nounce, at the same time, our intention to convoke a 
 1^tttrioH4iLCan^ress, on the most ample and liberal basis, 
 where all political parties can participate. 
 
 " This Congress shall decide whether the Empire shall 
 continue in the future ; and in case of assent, shall assist 
 in framing the fundamental laws to consolidate the pub 
 lic institutions of the country. To obtain this result, 
 our Councillors are at present engaged in devising the 
 necessary means, and at the same time arranging matters 
 iii such a manner that all parties may assist in an ar- 
 rangement on that basis. 
 
 h" In the mean time, Mexicans, counting upon you all, 
 without excluding any political class, we shall continue 
 with courage and constancy the work of regeneration 
 which you have placed in charge of your countryman. 
 
 " MAXIMILIAN. 
 " ORIZABA, Dec. 1, 18G6." 
 
 On the 12th, His Majesty, His Council of Ministers, 
 General Marquez, and Father Fischer, left Orizaba, and 
 on the 18th reached Puebla. His Majesty and Father 
 Fischer there remained until the 3d of January follow- 
 
MAXIMILIAN. 167 
 
 ing. The Ministers and Gen. Marquez proceeded on to 
 the city of Mexico. On the 5th of January, His Ma 
 jesty and Father Fischer arrived at the Capital. 
 
 The contemplated session of Congress did not take 
 place, for the reason that the state of the country was 
 such that an election was impossible. No blame can be 
 attached to his Majesty on that account. He was heart 
 ily desirous of bringing about an election, at which all 
 ; parties might express freely their wish, uninfluenced by 
 his own bayonets. 
 
 Inasmuch as vituperations have been profusely uttered 
 against His Majesty for the alleged cruelties perpetrated 
 under his sway, it will not be improper to state certain 
 facts as to the regular course of justice pursued during a 
 part of the time, considering that I have procured posi 
 tive proof of what I am about to relate. 
 
 During nine months of the year 1866, in the city of 
 Mexico, the court-martial, of which Colonel Luis Reyes 
 was president, tried twenty-seven persons, most of whom 
 had been guilty of robbery and other felonious crimes. 
 Three of them only were convicted of political crimes, 
 and not one of the latter was executed, but all were re 
 leased. 
 
 Cruelty was not an ingredient mixed up in Maxi 
 milian. It was as impossible for him to be cruel as it is 
 to mix oil and water. 
 
CHAPTER XL 
 
 Maximilian goes to Queretaro History of the city Maximilian s opinions 
 His habits Battles Taking of the city by the Liberals His surrender and 
 imprisonment. 
 
 " Before my breath, like bla/ing flax, 
 
 Man and his marvels pass away ! 
 
 And changing empires wane and wax, 
 
 Are founded, flourish, and decay." 
 
 ON the 6th day of February, A.D. 1866; the French 
 troops left the city of Mexico. Their connection 
 with the government of Maximilian had ceased. His 
 Majesty, fearing that the clouds of despair might darken 
 the views of his forces within the city of Queretaro, 
 concluded, after receiving the opinion of his Council, in 
 unison with his own, to appear in person at that point, 
 hoping that his presence might stimulate the soldiers, 
 and give them new hope. Consequently, at the head of 
 a force of not far from eighteen hundred men, composed 
 of cavalry, infantry, and artillery, accompanied by Gen 
 eral Marquez and Sefior Aguirre, Minister of War, he 
 took up his line of inarch February 13th, for Queretaro. 
 On the first and fourth day he had light skirmishing with 
 a party of guerrillas, the latter day s fight lasting several 
 hours ; a few were killed, and several were wounded on 
 both sides. He reached Arroyo Seco on the 18th, distant 
 from the latter city four leagues. Very early the next 
 morning he was again in the saddle, and at about ten 
 o clock he, with his little army, entered Queretaro in the 
 most triumphal manner. Before entering, he was met 
 by Generals Miramon and Mejia, their staffs, and the 
 whole force at Queretaro, numbering over three thousand 
 men. The entrance was grand and imposing. His 
 
MAXIMILIAN. 109 
 
 Majesty sat upon a large elegant white steed, dressed in 
 a dark blue uniform as a Mexican general, with military 
 boots over his pants, and a small cap, called a kepi. 
 
 All Queretaro seemed to be out of doors. Both sides 
 of the road were lined with people, crowding almost on 
 to the soldiery. Shouts of " Long live the Emperor" 
 went up from every direction, as though by one united 
 voice. Church-bells chimed without cessation, as if they 
 were calling the whole nation together ; hats, handker 
 chiefs, and gay ribbons were waving, while bouquets were 
 falling all around His Majesty in showers, thrown by 
 smiling seiioritas, as fresh as their garden-flowers. One 
 would have concluded, while gazing at that enthusiastic 
 mass, that they supposed a new era of perfect bliss had 
 appeared. His Majesty, with his accustomed affability 
 and general good-nature, was bowing, first on this, then 
 on that side, amid the universal applause of the multi 
 tude. Surely Maximilian thought he had fallen among 
 friends. That friendship was genuine. The citizens of 
 Queretaro have given ample evidence of their friendship 
 for him during all his misfortunes. Would that the 
 same could be said of his own officers ! Those citizens 
 smiled when fortune surrounded His Majesty they wept 
 when sorrow lighted upon his brow. 
 
 Queretaro is situated in latitude twenty degrees and 
 twenty-three minutes north; and in longitude one de 
 gree and five minutes west from the meridian of the city 
 of Mexico, and distant from the latter place fifty-seven 
 leagues. It was founded about the year fourteen hun 
 dred and forty-five, and formed a part of the Empire of 
 Moctezuma I. It was conquered by D. Fernando de 
 Tapia, July 25th, 1531, who gave it the appellation of 
 Santiago de Queretaro. In the Tarasco idiom whence 
 the name of Queretaro it signified a place where ball 
 was played ; probably not those leaden balls of death, 
 which have played so important a part in this century. 
 
 8 
 
170 MAXIMILIAN. 
 
 In the year 1655, it was raised to the rank of a city, 
 by King Felipe IV. It contained, a few years ago, 
 about fifty thousand inhabitants. Now, half that num 
 ber would be nearer a correct estimate of its population. 
 Empty houses are very abundant, as well as many half 
 annihilated from the storms of battle. 
 
 During the war with the United States, Mexico held 
 its congressional sessions there ; and there executed the 
 treaty of Hidalgo, made between those two Govern 
 ments in the year 1848. 
 
 On the arrival of His Majesty in that city, the Qucre- 
 taro Club offered him their apartments, in the building 
 known as the Casino, which had been elegantly fitted 
 up by them. It was the most comfortable quarters 
 that could have been tendered him. There was ample 
 room for him and his staff. He accepted the generous 
 offer. 
 
 On the twenty-fifth of February, the Emperor re 
 ceived a re-enforcement of four thousand men, under 
 Gen. Mendez. 
 
 Soon after taking a survey of that city and its sur 
 roundings, the Emperor commenced erecting fortifica 
 tions on El Cerro de las Campanas (the Hill of the 
 Bells), which is a little over a mile northwest of the city. 
 He was of opinion that that position would be first 
 attacked by the enemy. He attended to that work in 
 person. He remained there night and day, from the 
 sixth of March until the thirteenth. The first three 
 nights he slept upon the ground. The fourth day, Gen. 
 Mejia arranged an elegant Turkish tent for the Emperor, 
 in which he rested the last four nights. It had been 
 purchased by Gen. Almonte in Paris, and by him pre 
 sented to Mejia, who tendered it to his Majesty. 
 
 The Emperor wrote the following letter as explan 
 atory of his acts and wishes, in order that erroneous 
 views might not be taken relative to his intentions : 
 
MAXIMILIAN. 171 
 
 " QUEKETABO, March 2d, 1867. 
 " MY DEAR MINISTER : 
 
 " As my departure for Queretaro, where I have come 
 to place myself at the head of the army recently formed, 
 might be falsely interpreted by persons badly disposed, 
 in the country as well as out of it ; and as my reasons 
 for it ought to be known, in view of the many calum 
 nies which our enemies propagate with so much promp 
 titude upon the conduct of our Government, I am of 
 opinion that it is necessary to make some brief observa 
 tions, which may serve as explanations, and also as a 
 rule of conduct in the difficult circumstances through 
 which we are passing. 
 
 " The programme which I adopted in Orizaba, after 
 having heard the frank and loyal opinion of the consul 
 tative bodies of State, has not been changed a particle. 
 My prevailing thought continues to be the calling of a 
 Congress, which I always thought to be the only means 
 of founding the future on a durable basis, and to form a 
 point of cohesion where may be united successively all 
 the parties which now cause the ruin of our unfortunate 
 country. 
 
 " I have not wished to emit this idea of a Congress 
 (which I have always supported since my arrival in this 
 country), until there would be a security that the repre 
 sentatives could assemble free from exterior influence. 
 During all the time that the French maintained under 
 their authority the Central provinces, it was impossible 
 to assemble a Congress which could have deliberated 
 freely. My trip has hastened the withdrawal of the 
 troops of the Intervention, and thus the time has arrived 
 when I am able to express myself openly upon the 
 thought of a constituent Congress. The best proof that 
 I was not able to make this resolution before is, the sad 
 opposition which I met with in the French authorities, 
 when I mentioned it on their departure. 
 
172 MAXIMILIAN. 
 
 "A Congress elected by the nation, a real expression 
 of the majority, with full powers to work, and a com 
 plete liberty to deliberate, is the only possible means of 
 terminating the civil war, and of stopping the effusion of 
 blood so prolonged. As Sovereign and Chief, called 
 by the nation, I shall submit with pleasure to their will, 
 having the most ardent desire to terminate promptly 
 this desolating struggle. 
 
 " I have done more, even. I have communicated per 
 sonally with the chiefs who pretend to fight in the name 
 of liberty and of the principles of progress, to induce 
 them to submit themselves, as I have the intention of 
 doing, to the national vote. What has been the result 
 of these negotiations ? Those men who invoke progress 
 have not wished, or have not dared to accept that judg 
 ment. They have responded to me by ordering loyal 
 and distinguished citizens to be executed ; they have re 
 pulsed the fraternal hand which was extended; they 
 have worked as blind partisans, who know no other 
 means of governing but the sword. 
 
 " Where then is the national will ? Oa the side of ( 
 whom exists the desire of true liberty ? Their only <^ 
 excuse is in their blindness. | 
 
 " It is impossible for us to rely on such men, and our 
 duty is to work with the greatest energy to restore the 
 liberty of the people, so that they may express volun 
 tarily their will. 
 
 " This is the reason why I have hastened to come here, 
 in order to try all means to establish order, peace, and 
 to prevent another and more terrible foreign intervention 
 in this country. The French bayonets have marched ; 
 it is necessary then to impede the action of every in 
 fluence which directly or indirectly might threaten our 
 independence and the integrity of our territory. 
 "In this moment our country is for sale at public 
 auction. 
 
MAXIMILIAN. 173 
 
 " It is necessary to employ all the means possible to 
 free us from a situation so critical, and to place Mexico 
 safe from every oppression, come whence it may. 
 
 "In a word, the Rational Congress wjll determine 
 uj3on__the destinies of Mexico also upon the institutions 
 that it may see proper to establish, which may exceed 
 the present form of government ;Tand if this Assem 
 bly cannot be invoked, because we, who wished to call 
 it, have succumbed in the struggle, the opinion of the 
 world will do us justice at least, and will acknowledge 
 that we were the true defenders of the nation, that we 
 have never sold the territory of the nation, that we have 
 tried to save it from a second and oppressive interven 
 tion, and that we have sincerely used all our efforts 
 in order that the principle of national suffrage might 
 
 ^triumph, j 
 
 " MAXIMILIAN." 
 
 The foregoing letter is another proof of the Emperor s 
 desire to ascertain, and to be governed by, the will of 
 the Mexican people. 
 
 The Liberals, under Escobedo, attacked the city of 
 Queretaro, on the 14th of March, with a superior force 
 of nearly thirty thousand, while that of Maximilian 
 numbered less than nine thousand. The Emperor, on 
 that day, saw not a moment s rest. lie was in the sad 
 dle during the engagement, riding here and there, where 
 danger was greatest, and where observation was most 
 needed. He never seemed to think of personal dan 
 ger; the defeat of the enemy was uppermost in his 
 mind ; and that was the result of the action, although 
 accompanied by a loss on his part of about two hundred 
 killed and three hundred wounded. 
 
 After that battle, he moved his quarters into the 
 church called La Cruz. The comforts of life he aban 
 doned. In fact, many of his officers had better rooms 
 
MAXIMILIAN. 
 
 and food than lie. His new apartments were a room 
 of about twelve feet by eighteen; and another one 
 adjoining for his servant. The furniture that adorned 
 his place of rest was composed of a camp-bed, two 
 common tables, and six camp-chairs. Most officers of 
 the rank of captain would not have considered such 
 quarters as suitable even for them, in a city where ele 
 gant apartments could have been obtained by a written 
 order from His Majesty. But that position was consid 
 ered the best for observation ; and to be there day and 
 night, was viewed by His Majesty as extremely import 
 ant. Inconveniences and the want of present comforts 
 were considerations that did not trouble him. 
 
 His men saw no evidence that he was not willing to 
 share hardships and deprivations equally with them. 
 He looked upon it as a joint cause : the salvation of the 
 army was his own success. 
 
 On the 22d of March, General Marqnez. loft, Queretaro, 
 with orders from the Emperor to march with his thou 
 sand mounted men, selected for that purpose, to the city 
 of Mexico, to obtain a re-enforcement of men and procure 
 provisions and munitions of war and to return within 
 fifteen days : if there were not men enough to hold the 
 city of Mexico, and also increase his force sufficiently 
 for the defence of Queretaro, to abandon Mexico, and 
 return to the latter city with all the men he could raise. 
 Such a concentration of the Imperial forces at Queretaro 
 would have saved the Emperor, and probably destroyed 
 the army of Escobedo. * 
 
 The Emperor conferred upon Marquez the title of 
 Lugar Teniente, which is usually translated " Lieuten 
 ant- General" but which means something more. Such 
 an officer takes the place of the Emperor, with full power 
 to act as he sees proper. Tithe Emperor deemed it im 
 portant to place unlimited power in Marquez, in order 
 to carry out his plans. It was an unfortunate selection 
 
MAXIMILIAX. 1 75 
 
 on the part of His Majesty, of a commander for such a 
 duty ; and it has been cited as an instance of his erring 
 judgment as to human nature.^ Whether the Emperor 
 did honor Marquez with the above-mentioned title, has 
 been seriously doubted. When the latter arrived in the 
 city of Mexico, he exhibited his authority to act in that 
 capacity; but the question as to its genuineness was 
 raised in the minds of many. I was informed of the 
 fact of the appointment by His Majesty s secretary, who 
 said he himself drafted the order empowering Marquez 
 thus to act. And as I suggested to him the importance 
 of knowing the truth, I cannot have any suspicions of 
 the authenticity of Marquez s title of Lugar Teniente. 
 The latter evidently abused his power acted far beyond 
 what justice and honor would dictate, and much to the 
 regret of and injury to Maximilian. 
 
 On the 27th of March the Emperor attacked the en 
 emy, captured two pieces of artillery, and nearly two 
 hundred prisoners. He was on the lield in person, urg 
 ing on his men with great enthusiasm. Where the balls 
 fell the thickest, there he was found doing duty. His 
 loss was quite small. 
 
 Marquez did not obey ordeiu After reaching Mexico, 
 and increasing his forces to four thousand, eight hundred 
 of which were European soldiers, he advanced slowly on 
 Diaz, who was besieging Puebla. That city was then 
 held by about three thousand Imperial troops. Diaz had 
 nearly fifteen thousand men. 
 
 It was the hope of Marquez that Diaz would sally out 
 and open an engagement with him, -which would have 
 relieved the Imperial force within Puebla. General Diaz 
 was short of the munitions of war, and he viewed an 
 attack by him upon Marquez as extremely hazardous. 
 He also considered inaction on his part equally danger 
 ous. He therefore saw no probable chance for success 
 but in an attempt to storm the city of Puebla, which he 
 
MAXIMILIAN". 
 
 did on the second of April, in the morning early, with a 
 force of eight thousand, lie was soon in possession of 
 the city, although meeting with a considerable loss on 
 his pan. 
 
 Some of the prisoners which he there captured were 
 wheeled into his own ranks ; and he hurriedly prepared 
 to follow Marquez. On the fourth of April he sent out 
 three thousand cavalry under General Toro, who met 
 Marquez on the sixth, at the Hacienda de San Diego de 
 Notario, about fifteen miles from Apizaco. General 
 Toro formed for battle on a not very advantageous 
 ground, the place being surrounded nearly by ravines. 
 He brought on an engagement with ill success. The 
 first charge of Marquez sent his men flying in confusion, 
 who were only saved by the force of General Leva, who 
 attacked the left flank of Marquez. 
 
 The Liberals drew off and re-formed within three 
 or four hours thereafter. Marquez retreated toward 
 Apizaco. 
 
 At half-past three he was discovered moving on the 
 left flank of the enemy, and in half an hour he was in 
 front disputing his passage. 
 
 General Leva formed three thousand cavalry in line 
 of battle, himself commanding on the right. His centre 
 rested on a hill. His cavalry were ordered to dismount. 
 Marquez charged up the hill, and the Liberals fell back 
 seven leagues to Piedra Negra, where they rested all 
 night. 
 
 The next day, Diaz having arrived, went out with his 
 full force of over twelve thousand men near Apam, 
 formed in line of battle, and advanced in that form five 
 leagues. 
 
 On the eighth, at four and a half o clock, he halted. 
 His cavalry horses were then double-mounted, by pla 
 cing one of the infantry behind each horseman. Six thou 
 sand men thus mounted advanced on a walk, as the roads 
 
MAXIMILIAN 1 . 177 
 
 were wet and bad, Light mountain-pieces were mounted 
 on mules. At six o clock, in sight of San Lorenzo, Diaz 
 formed in line of battle ; and with four pieces of artil 
 lery he pushed on rapidly to engage the enemy s right 
 flank. Diaz carried the position. He formed a line of 
 battle around the Hacienda of San Lorenzo, and gave 
 orders for the men to be ready at half-past four the next 
 morning, thinking that the enemy could not get away 
 in the night, and that the following day would be a vic 
 torious one for him. The morrow came and found Mar- 
 quez and his force absent and out of sight. Diaz fol 
 lowed on with cavalry at a gallop. Marquez came to a 
 broken bridge, and not having sufficient time to repair 
 it, ran his artillery into the ravine, and there abandoned 
 it. He had placed his European troops in the rear, and 
 the cavalry of Diaz never but once approached within 
 pistol-shot of them. The foreign soldiers retreated in 
 excellent order, losing but a few killed, and a few who 
 were taken prisoners from weakness and sickness, which 
 prevented their keeping up with the command. Mar 
 quez, however, with a small escort, soon deserted his 
 men, and went flying back to the Capital like a coward. 
 There was a narrow passage in the road where he could 
 have held the enemy in check, but his cowardice would 
 not permit the attempt. He afterward assumed com 
 mand in the Capital, where he remained until that 
 city also fell into the hands of the Liberals. His 
 force followed after him, reaching the city a few days 
 later. 
 
 Marquez considered it of the utmost importance to 
 hold the large and opulent city of Puebla, if possible ; 
 but his force was inadequate to make an attack upon 
 Diaz. If Diaz had had sufficient ammunition (his want 
 of which was unknown to Marquez), he could have en 
 gaged Marquez, and considering his men equal, the prob 
 ability was, he could have conquered ; while at the same 
 
 8* 
 
178 MAXIMILIAN. 
 
 time his remaining forces would have been able to sup 
 port and hold good the siege of Puebla. 
 
 I apprehend the soldier may question Marquez s wis 
 dom, under the circumstances, in disobeying the order 
 of the Emperor. 
 
 On the 14th of April, the Emperor s forces in Queretaro, 
 numbering but little over six thousand, made a sortie, 
 took nineteen guns and six hundred prisoners, with a 
 loss of a very small number. At that battle, the Em 
 peror was also at the post of danger. 
 
 This action produced great havoc and consternation 
 among the enemy. He was routed at all points. The 
 opportune arrival of General Trevifia, with a cavalry re- 
 enforcement of five thousand, prevented a general rout 
 of the enemy. In order to prevent a complete stampede 
 of the Liberals, the force under General Treviila was 
 employed in surrounding the scattered regiments, that 
 hardly knew which way to go, or where or when to 
 stop. 
 
 It is difficult to say what force the Liberals had in that 
 action. It has been estimated from seventeen to thirty 
 thousand. They made no morning or monthly reports 
 of their number. 
 
 Even with this re-enforcement, the Liberals felt no in 
 clination to renew the engagement ; but were content 
 to exercise their ingenuity and skill in checking, in some 
 degree, the wild fury and the escape of a completely 
 disorganized army. 
 
 On the morning of that day, before the attack, every 
 thing was in readiness for a final departure from that 
 city, with all the Imperial forces. But on reviewing 
 that brilliant victory, His Majesty saw that he enjoyed 
 a more signal triumph than he or his officers had antici 
 pated, far greater than they believed possible, when 
 they considered the numerical superiority of their ad 
 versaries. 
 
MAXIMILIAN. 179 
 
 His Majesty, flushed and animated with the victory 
 his daring blow had produced, reconsidered his opinion 
 of the morning, and resolved to remain longer in that 
 city, and save its inhabitants from what they believed 
 to be a plundering and sacking party. The number of 
 foreigners in the Emperor s service there did not num 
 ber over two hundred, all told. But his men were 
 better officered and better drilled than the opposing 
 army. 
 
 As General Marquez had not made his reappearance 
 in Queretaro, according to the Emperor s positive in 
 structions, and more than ten days had elapsed since his 
 contemplated arrival, the Emperor was quite uneasy, 
 and harbored grave misgivings as to the real intent of 
 Marquez. Consequently, with a view of ascertaining 
 the true condition of the Capital and the movements of 
 Marquez, His Majesty, on the 17th of April, issued or 
 ders to Prince Salm Salm, requiring him to leave for 
 Mexico, in pursuit of Marquez, and to obtain full infor 
 mation as to the situation of affairs ; to tell Marquez, in 
 the name of the Emperor, to bring all of his forces 
 forthwith to Queretaro, and, if necessary, to give up the 
 Capital : and that if Marquez should refuse to comply with 
 these commands, then the Prince s order was to arrest 
 him, and to hasten back to Queretaro with him and the 
 cavalry, particularly with the Hussars. At twelve 
 o clock that night, the Prince, with five hundred men, 
 sallied out, and advanced about one half of a league, 
 when he was attacked, and wounded by a shot in 
 his left foot, though not seriously. His intention was 
 to take the Cerro Gordo ,road. But on examining 
 the position and number of the enemy, from whom he 
 was receiving a heavy fire, near the Campana, from ar 
 tillery and cavalry, he saw that it was impossible to 
 break his lines, and therefore returned into the city, 
 withput making another attempt. The enemy was so 
 
1 80 MAXIMILIANS 
 
 strong, that a sortie, with a small number of men, was 
 but a w r aste of force, material, and time. 
 
 The Imperialists made an unsuccessful attack on the 
 1 st of May, retreating with a small loss. It was said 
 that the blame was due to Miramon. Their number did 
 not exceed five thousand, while the Liberals were twenty- 
 five thousand strong. 
 
 Immediately after a battle, the Emperor would visit 
 the hospitals in person, seeing every sick and wounded 
 man, inquiring of him how he felt, how he was treated, and, 
 as he parted, a kind word of hope fell from his lips. This 
 visit was daily made for several days following a battle, 
 and never more than three or four days passed without 
 his visiting them. He gave each widow of his deceased 
 soldiers, who was there to receive it, ten dollars out of 
 his private funds, as long as they lasted. He also paid 
 visits to the prisoners, not passing one without speaking 
 to him. 
 
 He was not unmindful of those who had rendered him 
 important service. Mr. Edwin R. Wells, from Texas, 
 formerly from New York, who had paid some attention 
 to medicine and surgery, though not a physician, 
 made himself exceedingly useful in the hospitals. He 
 received some poisonous matter in his finger, and came 
 near losing his hand while thus employed. His 
 Majesty did not forget him. On the 22d of March he 
 bestowed upon him a gold medal of the Order of 
 Guadalupe. 
 
 The Emperor kept no carnage in Queretaro. He rode 
 on horseback. Frequently he would go on foot to visit 
 the different posts. Many mornings he was observed 
 returning on foot, between six and seven o clock, having, 
 at that early hour, visited all the outposts. He super 
 intended the placing of nearly all of the batteries, sighted 
 the guns, and saw that all the requisite work was done. 
 He wore a broad-brimmed Mexican white hat, high mili- 
 
MAXIMILIAN. 181 
 
 tary boots, and a white blouse, generally, in going the 
 rounds. 
 
 He retired and rose early. He took exercise every 
 day. If he deemed it unnecessary to visit in person the 
 different batteries every morning, he walked at sunrise 
 one hour in the square in front of the church La Cruz. 
 He likewise performed the same exercise at sunset, in 
 the same location. Usually, on those daily walks, he was 
 attended by his secretary, or one of his aid-de-camps. 
 When thus promenading he was not unfrequently ac 
 costed by some one who had some complaint to make, 
 or some favor to solicit. Were they rich or poor, high 
 or low, he never turned a deaf ear, but most patiently 
 listened, and clothed his answers in kind words. In 
 order that the matter should not be forgotten, he would 
 order his secretary or aid-de-camp to enter the matter 
 in a memoradum-book. He never failed to examine 
 the complaints and requests, giving them due consid 
 eration. 
 
 Whoever desired an audience with him could obtain 
 it, when he was not otherwise occupied. When saluted, 
 he bowed, however humble the individual whence came 
 the salutation. His disposition was such, that mildness 
 and gentleness were his natural elements. 
 
 Whatever lofty ideas of Imperial prerogative he may 
 have imbibed, in unison with other sovereign heads, a 
 violation of the right of petition could hardly be im 
 puted to him. The sincerity of his professions and 
 declarations was among his shining qualities. One was 
 more inclined to look upon him as a President than an 
 Emperor. 
 
 The tower on La Cruz church was His Majesty s ob 
 servatory, until it became too dangerous. Near the 
 close of the siege, General Escobedo s guns were nearly 
 opposite, scarcely a mile distant, and, in fact, some were 
 within six hundred yards. General Escobedo having 
 
IB 2 MAXIMILIAN. 
 
 ascertained that the tower was the point of observation, 
 did not fail to have guns bearing directly upon it con 
 tinually. No person could place himself within that 
 tower without being immediately discerned through the 
 spyglass of Escobedo. On one occasion the Emperor 
 and five of his officers were in the tower, making close 
 observations ; suddenly there came a shell, which fell in 
 their midst, bursting, and, most miraculously, killing no 
 one, but wounding very slightly one of the officers. 
 After that it was walled up, and no more views taken 
 therefrom. 
 
 About the 1st of May, it was quite apparent that 
 great suffering among the poor was near at hand on ac 
 count of the scarcity of edibles. His Majesty therefore 
 issued an order that persons who had large stocks of 
 provisions should sell them at reasonable rates, so that 
 they would be within the reach of the poorer classes. 
 The order contained the prices which specified articles 
 should not exceed. 
 
 After that date the army learned the flavor of horse 
 and mule meat. Whether the latter was as refractory 
 in mastication as it generally is in the harness, is a sub 
 ject upon which I received no information. 
 
 Had the name been unknown to them, doubtless a fat 
 horse-steak would have been more palatable than poor 
 beef. About the tenth of the month, the citizens were 
 reminded of the fact, that they would be no longer the 
 recipients of animal food, unless they too could relish 
 the viands taken from the flesh of the same class of four- 
 footed beasts. The Emperor fared no more sumptuous 
 ly than the rest. He was favored with the same elegant 
 and rare dishes. ^E very action and move he made there 
 -^proved him to be quite as democratic as any one who 
 was nursed in republicanism^ 
 
 Both the political and military condition of the Em 
 pire had attained that state in which everything was 
 
MAXIMILIAN. 183 
 
 viewed through the greatest doubt ; and as Maximilian 
 was in the field in person, there was no certainty among 
 the chances of war that he might not some day, not far 
 distant, be found among the fallen. He deemed it re 
 quisite to be prepared to meet such emergencies as were 
 within the range of possibilities. He, therefore, on the 
 lltjuif April, created a Regency, by a decree to take 
 effect in case of his death. That decree is in the follow 
 ing words : 
 
 "Maximilian, Emperor. Considering that if Our 
 death should happen, the Government of the Empire 
 would be without a head, on account of the absence 
 of its Regent, Our august spouse, the Empress Car- 
 lota: 
 
 " Considering that, in order to obviate such a misfor 
 tune, and to procure on Our part the well-being of the 
 Mexican nation, even after Our death, it is indispensable 
 to leave a Government which the nation may recognize 
 as the head of the Union : 
 
 " Considering that, in the mean while, if this nation,, 
 through the means of its Congress, freely convoked and 
 assembled, should not declare the form of government 
 which it will adopt, the present one will exist which is 
 the monarchy; and therefore, in case of Our non-ex 
 istence, the government ought to be deposited in a 
 Regency : 
 
 " We decree : 
 
 " ART. 1. In case of Our death, D. Teodosio Lares, 
 D. Jose M. Lacunza, and General D. Leonardo Marquez, 
 will be the Regents of the Empire. 
 
 "ART. 2. The Regency will govern in subjection to 
 the Organic Statute of the Empire. 
 
 "ART. 3. The Regency will call a Congress, which 
 must definitely establish the nation, as soon as the war 
 may be determined either by arms or armistice. The 
 
1 84 MAXIMILIAX. 
 
 free and legitimate election and meeting of that con 
 stituent body shall take place. 
 
 "ART. 4. After the instalment of Congress, the Re 
 gency will cease, terminating, with that act, the power 
 which We confer upon it by this decree. 
 
 " Our Minister of Public Instruction and Worship is 
 charged to make known this decree to the Regents 
 whom We have appointed, in case of Our death. 
 
 " Given in Queretaro, May llth, 1867." 
 
 On the morning of the 13th, preparations were going 
 on for a final departure that night, but as the three 
 thousand citizens who were to have been armed, had not 
 that day received their implements of warfare, the move 
 ment was postponed. The following morning, General 
 Miramon consulted the Emperor as to the propriety of 
 leaving that night. Their views coincided in favor there 
 of, but the latter desired first to hold a council of gen 
 erals and to discuss the mode of procedure. The council 
 having assembled, discussed the matter, and decided to 
 leave that night at eleven o clock. General Miramon, 
 accordingly, notified the chiefs of the different corps to 
 appear at his quarters, which was done ; whereupon he 
 advised them of the intended departure. He also noti 
 fied Colonel Gonzalez, commander of the Regiment of 
 the Empress, that that regiment had been detailed as a 
 special escort to the Emperor. 
 
 About the time for the move, on the night of the 14th, 
 it appeared that only twelve hundred of the new volun 
 teers had received their arms ; in consequence of which, 
 some of the generals were in favor of another delay. 
 And besides, General Mendez had sent Colonel Redonet 
 with a petition to the Emperor, asking a delay for an 
 other day, saying that he was quite unwell, and that he 
 wished to command in person his old brigade, in which 
 he had great confidence ; and that if His Majesty would 
 
MAXIMILIAN. 185 
 
 make the concession, lie, Mendez, would be responsi 
 ble for a safe exit. In view of the foregoing facts, the 
 Emperor called Generals Miramon and Castillo for an 
 other council, when it was determined to positively leave 
 the next night at twelve o clock. General Miramon 
 notified the chief officers to remain quiet until further 
 orders. 
 
 The west side of the city, where the forces of General 
 Corona were stationed, was considered the best point 011 
 which to centre the whole body of men in making the 
 sortie. 
 
 At the Imperial headquarters, staiF department, or 
 ders were issued by General Castillo, secretly and ver 
 bally, to the various officers of the army to be ready for 
 action at the time designated. No fires were to be 
 lighted, and strict silence was to prevail. 
 
 The infantry were to carry nothing but their blankets 
 and tin pots. All of the cannon on the fortress of the 
 Campana were to be spiked, and the magazines to be 
 flooded. The light mountain-pieces of eight and ten 
 pounders were to be dismounted and packed on mules, 
 together with light supplies of grape and canister. 
 
 The men were ordered not to burden themselves with 
 anything not actually necessary, or that might be disad 
 vantageous in a forced march, which it was anticipated 
 they would be compelled to make through the defiles 
 and mountain gorges of the Sierra Gorda. That route, 
 with light accoutrements, would have defied the rapid 
 pursuit of the enemy. 
 
 General Mejia had armed twelve hundred citizens of 
 Queretaro, who were ordered to remain behind to pro 
 tect the city and to keep order. They were further or 
 dered to surrender to General Escobedo at discretion, at 
 any time they should think proper, provided they first 
 allowed twenty-four hours to pass after the evacuation. 
 
 Complete orders having been issued, and all arrange- 
 
MAXIMILIAN. 
 
 mcnts having been made in accordance with the pro 
 jected plan, the Emperor retired. His accustomed hour 
 was eight o clock, but the business of that eventful 
 night extended his hour of slumber until a quarter past 
 one o clock. 
 
 Prince Salm Salm was working until after twelve 
 o clock that night, arranging the Emperor s archives, 
 after having packed them the day before into small can 
 vas sacks, ready to be strapped to the escort saddles. 
 
 Many of the men occupied a short time in writing to 
 their relatives, saying a parting word to their families 
 and friends. As lights were prohibited, they assisted 
 each other by smoking cigarettes close to the paper. 
 One would puff his exhilarating \veed, while another 
 would scribble a few words by the glimmer thereof. 
 
 Between one and two o clock, the traitor. Colonel Lo- 
 j)z, who had previously plotted with the enemy to be 
 tray his own party, silently crept out of his quarters, 
 and threaded his way through the dark and narrow 
 streets of the city, in pursuit of General Escobedo. He 
 first met Colonel Garza, who was in command of the 
 advance guard of the enemy. Garza took Lopez to 
 General Veliz ; the latter and Lopez went to see Esco 
 bedo : after which interview the two returned to meet 
 Garza. General Veliz ordered Colonel Garza to take 
 his command and follow Lopez, who guided him to a 
 hole in the wall near the church called La Cruz. Gen 
 eral Veliz himself proceeded to this opening in the wall, 
 and there remained for a while ; at which time he or 
 dered Colonel Garza to proceed further under the gui 
 dance of Lopez. The latter was the officer of the day. 
 On arriving at the nearest station of the Imperial 
 troops, Garza s command halted. Lopez asked an Im 
 perial officer if there were any news ; to which the lat 
 ter replied, none. Lopez then ordered the Imperial offi 
 cers at that post to be paraded, and that the roll be 
 
MAXIMILIAN. 187 
 
 called. That was done, the officers standing up in a 
 line. Lopez then ordered the command to be formed 
 and marched to the rear of Garza s forces, leavin<>- 
 
 O 
 
 Garza in possession of that post. Lopez immediately 
 escorted other Liberal officers to the different posts un 
 der his command, in order that the same plan should be 
 executed, until the enemy had possessed themselves of 
 all the points within the control of Lopez. 
 
 When the Liberal forces entered the city, quite a num 
 ber of the Imperial officers were awake, with the ex 
 citement of the expected engagement, and were cleaning 
 their arms and making preparations for their contem 
 plated departure. As they saw Col. llincon s regiment 
 pass their bivouacks, they supposed it was a part of their 
 own forces moving toward the Casa Blanca, for some 
 reason unknown to them, before the designated time. 
 It being in the darkness of the night, and the dress of 
 the two armies being so near alike, it was quite diffi 
 cult to distinguish the one from the other. 
 
 By half-past three o clock, nearly one half of the 
 city was in the almost noiseless possession of the 
 Liberals. Soon thereafter nearly all of the church 
 bells commenced, almost simultaneously, to ring with I 
 great force. ^ The Imperialists were much confused.! 
 Many of them were of opinion that Marquez had arrived/ 
 from the city of Mexico, attacked and defeated Escobedo ?\ 
 hence the great rejoicing. What a sad deception ! J \ 
 
 Commander Yablonski, an adjutant of LorjeZj was in j 
 the treasonable plot with him ; but he did not wish any 
 harm to fall upon the Emperor. He went to the room 
 of Don Jose Blasio, Secretary of His Majesty, which 
 was in the convent of La Cruz, and near that of His 
 Majesty, and awoke him, and said, "The enemy are in 
 the garden ; get up !" Blasio immediately dressed him 
 self, went to the room of the Emperor, called him, and 
 informed him of the condition of affairs. He then noti- 
 
188 MAXIMILIAN. 
 
 fied Gen. Castillo and Col. Guzman, who roomed to 
 gether ; also Prince Salm Salm and Col. Pradillo, all of 
 whom were in that convent and came to the Emperor s 
 room. Colonel Pradillo informed the Emperor that the 
 enemy occupied that convent, and had taken eight or 
 ten pieces of artillery in the plaza of La Cruz ; and that 
 it would be useless to attempt to defend it. The Em 
 peror gave Col. Pradillo one of his pistols, and holding 
 another in his hand, went to the door, followed by Pra 
 dillo, Prince Salm Salm, and Blasio, and then said, 
 " To go out here or to die is the only way." They 
 crossed the corridor, and on the stairs met a sentinel, 
 who ordered them to go back ; but an officer of the 
 Liberals, said to be Colonel Rincon, saw them, and said 
 to the sentinel, " Let them pass, they are citizens." As 
 the Emperor and party advanced a little further into the 
 plaza, they were met by a party of Liberal soldiers, who 
 were about to stop them, when Colonel Itincon came up, 
 .ind said to the soldiers, " Let them pass, they are civil 
 ians !" They then hurried on to the quarters of the 
 " Regiment of the Empress," w T hich were the Emperor s 
 escort, and ordered them to prepare and mount, and to 
 advance with all speed to El Cerro de las .Campanas. 
 In the mean time the Emperor said to Colonel Pradillo, 
 that it would be more convenient for him, the Emperor, 
 to have his horse. Pradillo then went for it. The Em 
 peror, Prince Salm Salm, and Blasio immediately pro 
 ceeded to the Departmental palace, where Pradillo soon 
 met them with the Emperor s horse. General Castillo 
 had just met them also, when Lopez came riding up to 
 them, of whom His Majesty asked what was going on. 
 He replied, "All is lost. See, your Majesty, the enemy s 
 force is coming very near !" Just then a body of in 
 fantry were entering the plaza, which the Emperor 
 thought were of his own army; and he exclaimed, 
 " Thank God, our battalion of Municipal Guards are 
 
MAXIMILIAN. 189 
 
 coming." One of his officers advanced toward them, 
 and ascertained that they were a part of the enemy, and 
 returned to notify the Emperor, who, with his little party, 
 started again ; and when near the house of Seiior llubio, 
 Lopez said to the Emperor, "Your Majesty ought to 
 enter this house or some other, as it is the only way to 
 save yourself." The Emperor refused to do so, and was 
 determined to go to the hill (El Cerro), as first contem 
 plated. In front of the Casino, they met Capt. Jarero, 
 Adjutant of Gen. Castillo, whom the Emperor ordered 
 to notify Gen. Miramon to bring all the force he could 
 gather to El Cerro de las Campanas. The Emperor was 
 implored by Lopez to mount the horse that Avas saddled ; 
 but his Majesty refused to accept of that comfort, so 
 long as Gen. Castillo and his other surrounding friends 
 had no horses to ride in his company. They all pro 
 ceeded on foot to El Cerro. When they reached that 
 position, they found about 150 men of their forces there. 
 Soon the Regiment of the Empress reached them. His 
 Majesty was anxiously waiting the arrival of General 
 Miramon, and frequently remarked, " See if he cannot 
 be distinguished in the crowd that is coming." General 
 Mejia had rallied a few men in the plaza del Ayunta- 
 miento, and rushed on to El Cerro. 
 
 General Mendez was surprised in the Alameda, and 
 surrounded. He opened fire on the enemy, which was 
 returned. His men were cut down rapidly ; but he tried, 
 notwithstanding the havoc made among his men, to rally 
 them, with a view of cutting his way through the enemy s 
 lines to the convent of La Cruz, to save the Emperor. 
 The enemy s force met him on another point, and being 
 between two fires, his men falling rapidly, he surren 
 dered at half-past five. He was shot the next day at 
 six in the morning. 
 
 General Miramon, awakened by the ringing of the 
 bells, rushed down, with an aid-de-camp, into the street, 
 
190 MAXIMILIAN. 
 
 was surrounded by soldiers whom he took to be his own 
 men, and told them that he was General Miramon. An 
 officer on horseback fired at him, and he received the 
 ball in his cheek. He returned the shot, and a running 
 light ensued along the street. Finally, he saw a door 
 ajar ; he entered the house, which he learned was that of 
 Dr. Samaniegos, who hid him, as he was weak from loss 
 of blood. The owner of the house rushed into the 
 street, met a party of Liberals, and informed them that 
 he had captured Miramon. After the Liberal force had 
 discovered him, they tied him, dragged him away, and 
 placed him in the convent of Terrecitas. 
 
 For nearly half an hour after the arrival of the Em 
 peror and his small force at El Cerro de las Campanas, 
 a fire from two different batteries of the Liberals, that 
 of San Gregorio and the one at the garita of Celaya, 
 poured their shot in that direction. 
 
 The Emperor, considerably excited, exclaimed in Ger-l 
 man to Prince Salm Salm, " Oh, Salm, how much wouldl 
 I give now for a friendly shell !" wishing that -one- might 
 end his life. _; 
 
 When Colonel Gonzales reported the arrival of his 
 regiment to the Emperor, and that Miramon was wounded, 
 the Emperor took Castillo and Mejia one side, and asked 
 them if it were possible to break the lines of the enemy. 
 Mejia took his glass and surveyed quite accurately the 
 position of the enemy, and then replied to His Majesty, 
 " Sire, it is impossible ; but if Your Majesty orders it^we 
 will try it : for my part, I am ready to die."^B}s 
 jesty immediately took Colonel Pradillo. by the arm, 
 and said, "It is necessary to makfeajjiuck determination, 
 in order to avoid greater misfortunes." He then put up 
 A a white flag on the fort on the hill, and ordered Colonel 
 Ppidillo and Ramirez to go and have an interview with 
 General Escobedo upon the following basis: "First, 
 that if he wished another victim, he could take him, 
 
 / 
 
MAXIMILIAN. 191 
 
 the Emperor; Second, that he wished that the men of 
 his army should be treated with all the consideration 
 that their loyalty and valor merited ; and, Third, that 
 he and the men of his personal services should not be 
 molested in any manner." 
 
 The Emperor saw in the distance a small squadron of 
 soldiers dressed in scarlet, riding at a rapid speed toward 
 the Campanas; and as he descried them, he exclaimed, 
 with tears in his eyes, " See ! see ! my brave hussars ! 
 How fearful a risk they run, exposed to the full fire of 
 the enemy s batteries ! Who would not be proud of 
 being their chief?" jTBut, alas ! what a terrible disap 
 pointment ! He soon learned that they were a part of 
 General Typvjnn.*a cavalry^ of the Lihnral prmyT? The 
 firing soon ceased. A squad of cavalry rode up, and an 
 officer among them asked where the Emperor was, using 
 at the same time a vulgar epithet. His Majesty stepped 
 outside of the fortification, and said, " I am he." The offi 
 cer declared that Hcndcz had been taken, and demanded 
 that the Emperor should deliver up himself and all his 
 officers as prisoners. The Emperor consented, and was 
 taken prisoner by General Echegary, and said to him : 
 " If you should require anybody s life, take mine, but do 
 not harm my officers. I am willing to die, if you should 
 require it, but intercede with General Escobedo for the 
 life of my officers." Soon General Corona appeared, to 
 whom the Emperor said, " If you wish another victim, 
 here he is," meaning himself. General Corona replied 
 that it did not belong, to him to treat upon that question ; 
 that until he cottld deliver him to the general-in-chief, 
 his person and the generals around him would be safe. 
 
 The Emperor had on his overcoat when taken. He 
 opened it to show his uniform and rank. He, Generals 
 Castillo and Mejia, and Prince Salm Salm, accompanied 
 by General Echegrary (Liberal), mounted horses, which 
 were furnished them by the Liberals, and rode down 
 
192 MAXIMILIAN. 
 
 the hill several hundred yards, where they met General 
 Escobedo, with whom they returned on to the hill, and 
 into the fort, where they dismounted. His Majesty, 
 General Escobedo, and two of his officers, and Prince 
 Salm Salm entered a tent. The Emperor shook hands 
 with Escobedo, and said to him : "If you wish more 
 blood, take mine ; and I ask that the officers, who have 
 been true to me, be well treated, and that I may not be 
 insulted by your officers or men." Escobedo replied 
 that the Emperor should be treated like a prisoner of 
 war, and that he should not be insulted. Shortly after 
 that, Escobedo delivered the Emperor, Generals Mcjia 
 and Castillo, and Prince Salm Salm into the hands of 
 General Riva Palacio, who conducted them to La Cruz 
 Convent, passing around the city by Casa Blanca, 
 through the Alameda, thence through the ruined part of 
 the city to the convent. 
 
 The Emperor was placed in the same room which he 
 had previously occupied in the Convent of La Cruz. 
 That day he requested General Escobedo to permit the 
 officers of his house to remain in the same convent, 
 which was granted. Those officers were Prince Salm 
 Salm, Colonel Guzman, the Minister Aguirre, Colonel 
 Pradillo, Doctor Basch, and Don Jose Blasio, secretary. 
 They remained four days there ; three of which His 
 Majesty was sick with the dysentery. The fifth day 
 they were removed into the Convent of Terrecitas, which 
 place they occupied seven days ; thence were taken to 
 the Convent of Capuchinas, where were also imprisoned 
 all the generals of the Imperial army. They all occu 
 pied the first floor until the third or fourth day, when 
 the Emperor and Generals Miramon and Mejia were 
 placed in the second story, where they remained until 
 their execution. 
 
 His Majesty lost everything the day the city was 
 taken, except the clothes he had on. 
 
MAXIMILIAN. 103 
 
 No form of speech could express His Majesty s aston 
 ishment at the acts of Colonel Lopez. A man in whom 
 he had placed the utmost confidence, whom he had 
 treated like a brother, as it were, stabbed him in the 
 dark. And it would hardly be considered an error in 
 judgment, in placing entire and confident reliance on 
 the fidelity of the man whose interests, he supposed, 
 were united with his, in asserting and maintaining a 
 cause and rights common to both. His Majesty was 
 the godfather to Lopez s child. _He laid his heatt and 
 cjiuse open to Lopez, with all the confidence of a child 
 in its mother ; and in consequence thereof lost his life.^J 
 Had the Imperial party not been betrayed, they would 
 have undoubtedly broken through the enemy s line, and 
 made their way down to Yera Cruz. 
 
 Lopez is equally despised by both parties in Mexico ; 
 yet he has the effrontery to attempt to write himself 
 innocent, by filling one or two journals with his evi 
 dence, which, closely scanned, proves him guilty. He 
 ought to hide his face in shame, from the view of heaven 
 and earth. He has at last succeeded in obtaining a few 
 of the Liberals to assist him, while the others, who were 
 eye-witnesses to his work of betrayal, stand back and 
 laugh. 
 
 The Emperor had often gallantly steered his bark 
 upon the sea-waves ; but he had never been baffled by 
 the waves of duplicity before ; they were too strong for 
 him ; they washed him from the deck, and stranded his 
 ship of state ; and the Mexican eagle sprang from the 
 Imperial and lighted upon the Republican banner, save 
 at the Capital of the nation, where for a short period 
 thereafter, Imperialism held sway through the cowardly 
 oppressor, Marqucz, who was as little friendly to his 
 Sovereign as he was to his open foe. 
 
 But few sovereigns ever found themselves so com 
 pletely surrounded by bad faith and treachery. And | 
 
 9 
 
104 MAXIMILIAN. 
 
 the ruler who shall stand at the head of that nation, 
 whence fell Maximilian, and succeed in preserving fidel 
 ity and attachment to his administration, for any con 
 siderable length of time, will have exhibited greater 
 skill in the art of government than has been the fortune 
 of any preceding one to manifest. Let us hope, for the 
 sake of humanity, that in the future the banner of peace 
 may spread its ample folds all over the broad lands of 
 Moctezuma. 
 
 Imprisonment, and even death, were insufficient for 
 the gallant and ill-fated Emperor, in the estimation of 
 his enemies. They must endeavor to tarnish his honor 
 by the breath of falsehood. Hate was so engendered in 
 them, that it was bound to show itself in every conceiv 
 able form. It came from the depths of their hearts to 
 their mouths like the bubbles that rise up from the bot 
 tom of the seething kettle to its surface. All kinds of 
 foolish statements have been circulated as coming from 
 the Emperor s lips. Such a course of revenge only 
 springs from those who, by mistake of the authorities, 
 have not worn the halter contemptible and cowardly 
 hearts who never remember that true honor strikes not 
 a fallen foe. 
 
 Not long after the imprisonment of His Majesty, an 
 article purporting to be a proclamation from him to the 
 inhabitants of Mexico, was circulated in every newspa 
 per within the territory of Mexico, but which bears no 
 date. Some of its circulating mediums had the effrontery 
 to guarantee its authenticity. 
 
 No writing of a public character was issued by His 
 Majesty after his capture. That false proclamation is in 
 the following words : 
 
 " The Archduke Ferdinand Maximilian of Hapsburg, 
 ex-Einperor of Mexico, to all its inhabitants : 
 
MAXIMILIAN. 195 
 
 " COMPATRIOTS : 
 
 " After the valor and the patriotism of the Republi 
 can armies have brought about the end of my reio- n in 
 this city, the obstinate defence of which was indispensa 
 ble to save the honor of my cause and of my race ; after 
 this bloody siege, in which have rivalled in abnegation 
 and bravery the soldiers of the Empire with those of 
 
 < Republic, I am going to explain myself to you. 
 
 Compatriots : I came to Mexico animated not only 
 with a firm hope of making you, and every one of you 
 individually happy, but also protected and called to 
 the throne of Moctezuma and Iturbide by the Emperor 
 of France, Napoleon III. He has abandoned me cow 
 ardly and infamously, through fear of the United States 
 placing m ridicule France itself, and making it spend 
 uselessly its treasures, and shedding the blood of its 
 sons and your own. When the news of my fall and 
 death will reach Europe, all its monarchs, and the land 
 
 Charlemagne, will ask an account of my blood and 
 that of the Germans, Belgians, and French, shed in 
 Mexico, from the Napoleon dynasty. Then will be 
 the end 
 
 < l The whole world will soon see Napoleon covered 
 with shame from head to foot. 
 
 " Now the world sees H. M. the Emperor of Austria 
 my august brother, supplicating for my life before the 
 Lmted States, and me a prisoner of war at the disposi 
 tion of the Republican government, with my crown and 
 heart torn to pieces. 
 
 " Compatriots : My last words to you are these I 
 ardently desire that my blood may regenerate Mexico - 
 and that as a warning to all ambitious and incautious 
 
 "sons, you may know how, with prudence and true 
 patriotism, to take advantage of your triumph, and 
 through your virtues ennoble the political cause, the 
 
ICG MAXIMILIAN. 
 
 banner of which you sustain. May Providence save 
 you, and make me worthy of myself. 
 
 " MAXIMILIAN." 
 
 It is quite clear, from the reading of the foregoing 
 pretended proclamation, that the feeling that prevailed 
 in the mind of its author was based upon a deep-rooted 
 hatred, and void of that magnanimity which flows from 
 a brave and noble-minded conqueror. 
 
 On the 20th of May, the Emperor was permitted to 
 visit General Escobedo. He went accompanied by 
 Prince Salm Salm and wife. He empowered the Prince 
 to treat with General Escobedo ; and in order that the 
 latter might show his authority thus to act, the follow 
 ing written power was executed by the Emperor : 
 
 "I authorize Colonel and Aid-de-camp Prince Salm 
 Salm to treat with General Escobedo, and I acknowledge 
 the acts done by him as done in my name. 
 
 " MAXIMILIAN." 
 
 Prince Salm Salm, accordingly, wrote down certain 
 propositions which were presented to, and rejected by, 
 General Escobedo. One of the main ones was, that the 
 Emperor, if permitted to leave Mexico, would never re 
 turn to it again. 
 
 , 
 
 
 \ 
 
CHAPTER XII. 
 
 Convent Prison of Maximilian Author s visit and conversation with Maxi 
 milianArrival of lawyers from the city of Mexico Foreigners ordered to 
 leave Queretaro. 
 
 THE convent of the Capuchinas, in Queretaro, is an 
 ancient, spacious building, all over which the hand 
 of Time has drawn its dingy strokes ; and as you gaze 
 at its exterior, observing its dimensions, its domes, its 
 statuary, and carvings, you are reminded that the pile 
 of silver and gold that reared that massive temple, could 
 be enclosed in no small compass. 
 
 Year after year, mite after mite, was contributed by 
 rich and poor, to raise its lofty dome toward the heav 
 ens ; beneath which, the ever faithful daily gathered to 
 offer up, on bended knee, thanks to our Maker for the 
 many blessings they had received. Those who gave 
 their mite, those who laid stone upon stone, upward, 
 upward rising in the sky, little thought that they were 
 walling in their descendants for sustaining political 
 opinions honestly formed, and conscientiously advo 
 cated. They never dreamed that they were erecting 
 warriors abode, a depository for bristling bayonets, pol 
 ished swords, powder and balls ; where the bugle, the 
 fife, and drum were to summon the inmates to service ; 
 where the armed sentinel paces to and fro, with a meas 
 ured tread. Those workmen reared that costly structure 
 for a house of Peace ; where the multitude, armed with 
 the word of God only, were to be taught, " Vengeance 
 is mine, saith the Lord." 
 
 As you approached the door of that temple, after the 
 taking of Queretaro by the Liberals, you observed two 
 
198 MAXIMILIAN. 
 
 sentinels at the door, armed with muskets and fixed 
 bayonets. If you passed there in the day-time, they 
 said not a word; but if darkness had overspread its folds, 
 you heard at a distance of fifty yards therefrom, " Quien 
 Viva?" ("Who comes there?") You then answered, 
 " Libertad," or " Amigo." ("Liberty," or "Friend.") 
 If you wished to enter there, to visit His Majesty, you 
 first reach a not spacious room ; then, turning to the left 
 into another of like dimensions, and going straight ahead 
 in the same direction as you first entered, a distance of 
 about twenty feet, you there meet two other sentinels ; 
 passing still onward into the court to the stairway, two 
 more persons stand in armor arrayed. No questions are 
 yet asked you, and you wind your way up that pair of 
 stairs ; at the top thereof you turn to the right, and 
 walk straight on in a direction at right angles with that 
 which you pursued in entering, until a promenade of 
 fifty feet or more brings you to the end of the passage 
 way, where stands another sentinel, who exclaims, in a 
 stentorian voice, " Cabo /" (" Corporal !") The cor 
 poral appears, asks you your business. If you expect 
 to proceed further, you must present a written order. 
 The corporal calls the captain of the guard, who reads 
 your order, and if correct, the soldier is ordered to let 
 you pass. In advancing, you turn half around to the 
 left, in the opposite direction from that which conducts 
 you to the first entrance of the building. You enter 
 the corridor around the court, passing first, before 
 reaching the court, on the right, a small room occupied 
 by the captain of the guard. On the left you pass tw r o 
 doors one enters the room of His Majesty s servant, the 
 other into that of his physician, Dr. Samuel Basch. 
 The corridor is six or seven feet wide, running on two 
 sides of the court only, protected by a balustrade about 
 three and a half feet high. As you first enter that cor 
 ridor, on the opposite side of the court, a door is seen 
 
MAXIMILIAN. 199 
 
 directly in front of you ; that leads to the room of the 
 Emperor. As you advance a few feet further, at your 
 right, on the opposite side of the court, two more doors 
 are observable in a line with that of the Emperor s ; 
 one of them, which is nearest to that of His Majesty, 
 opens into Miramon s room ; the other, into that of Me- 
 jia. In front of the Emperor s room is a vacant space, 
 nearly fifteen feet square. In front of the other two 
 rooms, the space is only of the width of the corridor. 
 
 The apartment of the Emperor is about eighteen by 
 twenty feet, measuring to the ceiling nearly twenty feet. 
 In front, and to the left of the door as you enter, is a 
 window, which opens out to the vacant space in the cor 
 ridor. The door and that window were the only aper 
 tures that gave light and air. When clouds darkened 
 the sky," his room was not as light as one would have de 
 sired ; and on warm days the space in front was more 
 comfortable than the room itself, in which he found a 
 fan an agreeable article. 
 
 The furniture of His Majesty exhibited no proof that 
 it was prepared for an Imperial mansion. It consisted 
 of an iron bedstead surmounted with brass, and a toler 
 ably comfortably bed; a pine table twenty by thirty 
 inches in dimensions, another double its size, one rock 
 ing-chair, three or more common ones, and a small box 
 which contained some private articles. 
 
 The room itself had a brick floor, plastered walls 
 without any ornaments, and as much the appearance of 
 a prison as though it had been built for that purpose. 
 The rooms occupied by Generals Miramon and Mejia 
 were once used as chapels, and presented a little better 
 appearance than that of His Majesty. The space in 
 front of the latter made that one a little more desirable. 
 The three prisoners were allowed to visit each other, 
 and to walk in the corridor, or sit there, all of which 
 they frequently did. 
 
C. MAXIMILIAN. 
 
 That convent contained all the prisoners who were of 
 the rank of general. Prince Salm Salm, who was reg 
 istered as a colonel when taken, but who had been com- 
 missioned as a general a few days prior to the capture 
 of Queretaro, was permitted, at the solicitation of His 
 Majesty, to occupy the same building on the first floor. 
 As the Prince was German, and a person in whom the 
 Emperor had confidence, it was a favor to him to be 
 allowed the company and, service of the Prince! Al 
 though the latter was below, he had the permission to 
 ascend to the room of His Majesty when the latter re 
 quested his presence. The consequence was, the Prince 
 spent a great deal of his time with the Emperor. At 
 or near each door of the three prisoners stood a sentinel. 
 The prisoners were thus guarded day and night. A 
 battalion of soldiers was quartered, in the convent also. 
 
 On Tuesday morning, May 28th, 1807, I left San Luis 
 Potosi, and reached Queretaro on the following day at five 
 o clock, P. M. I there met, at the hotel, Mr. Bansen, the 
 Hamburg Consul resident at San Luis Potosi. Wednesday 
 morning, the day after my arrival, he observed to me that 
 the Emperor was desirous of seeing me. A few hours 
 later the wife of Prince Salm Salm met me, and remarked 
 that she had just come from the room of His Majesty, 
 and that his request was that I should visit him. I 
 therefore escorted her to the convent where the Em 
 peror was, first obtaining a written permit from the Fis 
 cal, the law-officer of the Government, who had charge 
 of the prosecution of the three mentioned prisoners. 
 It appeared that the Fiscal was the proper officer to 
 grant that permission, rather than the commanding- 
 officer of the division. I was requested to converse with 
 His Majesty in Spanish, so that the officer of the guard 
 would be able to understand all that I said. The Em 
 peror met me most cordially, and as though it was a treat 
 to see anybody who was friendly disposed towards him. 
 
VAXIMILIAX. 201 
 
 After quite a long social conversation, lie commenced to 
 relate some facts pertaining to himself and government, 
 first prefacing his remarks with the observation, " I wish 
 to tell you all, that the world may know the truth." 
 He further remarked, that when he came to Mexico it 
 was with a sincere belief that he was called by the will 
 of a majority of the people ; that he told the Mexican 
 deputation, when they first visited him at Miramar in 
 the fall of 1863, that he would not accept the throne of 
 Mexico until he was satisfied that the majority would 
 sanction it. That the deputation then said to him that 
 they believed that the majority were already in favor of 
 his coming. The evidence at that time was inadequate 
 to convince him. He observed that when the deputa 
 tion appeared the second time, in the following April, 
 the proof which they presented left no doubt on his 
 mind as to the condition precedent having been com 
 plied with. His consent to accept the crown was based 
 upon that belief. He further stated upon that point, 
 that when he arrived at Yera Cruz, and witnessed the 
 demonstration in his favor, which continued to the capi 
 tal of the nation, he was more convinced than ever of 
 the truth of the statement made by the Mexican depu 
 tation. He said, that on the way to the capital he re 
 marked to the Empress, " Surely the deputation were 
 right when they said a majority of the Mexicans were 
 in favor of our coming to be their ruler." He then added, 
 " I never in all Europe saw a Sovereign received with 
 such enthusiasm as greeted us.". 
 
 I might well testify in his behalf that, according to 
 tlie statements related to me by many persons who wit 
 nessed parts of that demonstration, the Emperor could 
 not have come to any other conclusion. 
 
 I do not think there is the slightest room for doubt 
 
 O 
 
 that His Majesty was perfectly sincere in his reported 
 belief. 
 
202 MAXIMILIAN. 
 
 He said, in speaking of his capture, that General Es- 
 cobedo promised that he should be treated like a pris 
 oner of war. If that promise had been carried out, he 
 never would have been shot. 
 
 As to the decree of Qctober_3d, 1 865, issued by him, 
 remarked that it originated with "Marshal Bazaine ; 
 tat Bazaine appeared before the Council and pressed 
 the matter, saying some severe law was necessary to put 
 down the dissidents ; and that Juarez was then in Texas. 
 Pie said further, that he himself was opposed to the de 
 cree ; and putting up his hands in the attitude of sur 
 prise at the severity of the decree, said : " That is against 
 all rules of warfare in Europe ; and I did not wish to 
 sign it ; but the ministers being also in favor of it, and 
 believing Juarez to be out of the country, I signed it." 
 Statements had been so made to him that he did not for 
 one moment doubt that Juarez had been, and was, in 
 Texas when he signed that decree. In fact, he said to 
 me that he was almost certain that there was document 
 ary evidence to prove that Juarez had been out of the 
 country. He further remarked, " That is what makes ; 
 Juarez mad, to think that it can be proved on him. J/ 
 
 I asked him if he had ever signed a decree or order to 
 have any particular person or persons executed for a po 
 litical crime ? He replied, " Never." 
 
 He then observed that he ordered the telegraph office 
 to be kept open day and night ; that an operator should 
 be there at all hours, and should immediately deliver 
 dispatches which contained a statement of the capture 
 of prisoners, whether received in the day or night ; and 
 if during the latter period, to wake him up, so that he 
 might forthwith send orders that none of the prisoners 
 should be executed. He observed that he had frequently 
 gotten up in the night for that purpose. He said, in 
 speaking of executions, that the trouble with himself 
 was, that he was too tender-hearted ; that he had been , 
 
MAXIMILIAN. 203 
 
 - press- that lie was not willing- to 
 
 WJlCn JUS** rom*" t 
 
 He felt very much annoyed at the many acts of cruelty 
 which had reached his ears, and which were alleged to 
 have been committed by the French. 
 
 I think I never saw a man more opposed to cruelty 
 than the Emperor. In that regard his feelings were as 
 tender as those of a lady. Yet, in battle, he was as 
 brave as Caesar, as all who saw him in that position will 
 testify. We were speaking about some battles ; during 
 which time the names of Prince Salm Salm came up. 
 His Majesty said of him : " He was as brave as a lion, 
 Sir." He had no good feelings toward Marshal Bazaine, 
 nor his own general, Marquez. He considered that he 
 himself had to suffer, and perhaps to lose his life, 
 through the actions of Bazaine. 
 
 I said to him, "The treaty of Miramar placed Your/ 
 Majesty in an exceedingly difficult position; while it) 
 c?ave the French commander full control over the mill- V 
 tary actions and movements of the French troops, as J 
 well as over any body of mixed French and Mexican / 
 forces : it made the Sovereign head responsible for their 
 acts." He replied, " Yes, I know it, and I am almost 
 ashamed of it ; but I submitted to it, thinking it would 
 be the best for the country." 
 
 In speaking of President Juarez, he said, " I believe he 
 is a good man." I never heard him say any unkind 
 words of Juarez. 
 
 After my two first visits, I requested the Fiscal to 
 allow me to speak in English or French, as I could therein 
 best express the law to the Emperor, inasmuch as I was 
 one of his counsel ; to which he assented. In speaking 
 in English, he sometimes hesitated for a word, and would 
 place in its stead a French one, when I would give him 
 the English of it. After a few days conversation, he re 
 marked, " Since my practice with you, I speak better 
 
204 MAXIMILIAN. 
 
 English. I do not speak as well as I did fifteen years 
 ago : when in the navy, I was in the habit of meeting 
 officers who spoke it." He spoke English very well, and 
 read it better. He had but two books, I think, in his 
 room to read. One was a Universal History in Spanish, 
 and the other I have forgotten. I carried him, " W/iea- 
 ton on the JLaw of Nations," in Spanish. He asked if 
 I thought the translation good. I replied, " Very good." 
 
 When conversing about his case, he remarked, on 
 several occasions, placing his hand on his heart, " I have 
 never done anything against my conscience." He spoke 
 it with such a sincerity of expression, that no man could 
 have heard him say it without believing it. Two or 
 three times he said to me, " I should like very much to 
 see the Empress, my dear wife, my mother, and other 
 relatives ; but my honor before life." The name of her 
 Majesty Queen Victoria was mentioned in conversation 
 between us alone, on one or two occasions, when he 
 spoke in a very kind and brotherly manner of her. His 
 expression indicated that he looked upon her as a warm 
 friend. 
 
 He held Americans in high estimation. He said: 
 " The Americans are a great people for improvements. 
 And besides, they are great lovers of justice. They pay 
 such respect to the laws, that I admire them. And if 
 God should spare my life, I intend to visit the United 
 States, and travel through them." He further said of 
 them, " You can rely on the word of an American gentle 
 man." The idea of improvements and progress seemed 
 to occupy a good deal of his attention. He was anxious 
 to see Mexico advance. He frequently alluded to the 
 lavish bounty of nature to the country: he was much 
 delighted with its natural beauty and resources. We 
 were much in hopes that the point raised as to the juris 
 diction of the court would be decided against it, in 
 order that more time might be obtained, as that would 
 
MAXIMILIAN. 205 
 
 decrease the excitement against his Majesty ; and that 
 after such a favorable point gained, the government 
 might determine to bring the matter before Congress. 
 His Majesty said : "If my case can go before the Mexi 
 can Congress, I am not afraid. I will speak myself, 
 without any lawyers." He then turned towards me, 
 and smiled a little, and observed, " I might need a law 
 yer to point out some of the law, but I would do the 
 talking." 
 
 When I pointed to several articles in the Mexican 
 Constitution, which were in his favor, he took his own 
 copy of it, and marked the articles with a red pen 
 cil, read them carefully, and became quite animated. 
 They had not been suggested to him before. He sent 
 immediately for Mr. Vasquez, one of his lawyers. When 
 he came, he alluded to what I had said in regard to the 
 unconstitutionality of certain laws. Mr. Vasquez replied 
 that he believed that I was correct in my opinion ; but 
 as the Government was still, in some respects, acting 
 contrary to the Constitution, he could not say what view 
 would be taken of those questions. He further said, 
 that the Minister of Foreign Affairs, Seiior Lerdo Tejada, 
 when a member of Congress, had expressed his opinion 
 upon the Constitution in conformity with mine. 
 
 Afterward I set forth my opinion upon the case, in a 
 written document, which was translated into Spanish. 
 This, he said, he would like to have sent to the United 
 States and Europe : a copy thereof is inserted herein 
 among the papers of his cause. 
 
 After I had read the accusations in the law-office of 
 Sefior Vasquez, I visited His Majesty, and found him in 
 bed, not very well, but sitting up. I said to him, " I 
 have just read the accusations." " Have you ?" he ob 
 served ; and smiling, said, " When they were read to me, 
 I had to put my hand over my mouth to keep from 
 laughing, they were so silly." I remarked that I could 
 
200 MAXIMILIAN. 
 
 not say that they appeared to be written in a lawyer- 
 like style. 
 
 On Tuesday morning, June 4th, soon after I entered 
 his room, the Emperor said, "We must hurry with busi 
 ness. I have been talking with Miramon. He has 
 counted up the time, and says that he thinks they will 
 shoot us Friday morning." I replied to him that I 
 thought not, that more time would be given by the 
 President. We had been anxiously waiting the arrival 
 of the lawyers from the city of Mexico. They had been 
 expected for several days, and what detained them we 
 could not learn. As the city of Mexico was besieged, 
 we thought it possible that the difficulty might be that 
 they were not permitted to pass the lines. They arrived 
 that evening, the 4th. 
 
 For two days the wife of Prince Salm Salm had been 
 doing her utmost to procure mules or horses to convey 
 her to the city, to ascertain the reason of the delay of 
 the lawyers. She had been able to obtain a carriage, 
 but no animals. I went in search of animals. I called 
 on General - , of the Liberal army, whom I knew, 
 and solicited animals of him, saying that I wished them 
 to go only to the first station, where the stage line 
 changed. He replied that he had not sufficient for his 
 own use. At first I did not tell him the urgent reason 
 of my desire for the animals. After I ascertained that 
 he had none to spare, and as he asked me why I wished 
 them, and if I were going to Mexico myself, I told him 
 that I wished them to send for the lawyers whom the 
 Emperor was desirous of having to assist in his defence. 
 He then observed to me, that if he had a thousand to 
 spare, he would not let one go for that purpose. In 
 other words, he would deprive the Emperor of any de 
 fence, if he could. That class of officers caused the death 
 of the Emperor. General Escobedo is among that num 
 ber. It has been said by those in Mexico, that he could 
 
MAXIMILIAN. 2Q 7 
 
 have saved the life of Maximilian if he had desired it ; 
 notwithstanding, he communicated the statement to the 
 President, that if Maximilian was not shot, that he, Es- 
 cobedo, could not hold his army together. The truth 
 will some day make its appearance. It has already to 
 me, on good authority. And I attach more blame to 
 Escobedo than to Juarez. When Escobedo appointed 
 the members of the court-martial, he knew what their 
 decision would be. There were many officers of the 
 Liberal army that would have rejoiced at the verdict 
 of not guilty, in the Emperor s case. 
 
 On one occasion I visited the convent about the mid 
 dle of the day. I found the Emperor, Generals Mira- 
 mon, Mejia, Prince Salm Salm, and Dr. Basch, around 
 a table in the space in the corridor, in front of His Ma 
 jesty s room, playing dominoes. As I entered, they 
 were about to stop, through politeness ; but I insisted 
 that they should proceed with the game. They re 
 quested me to join them. I did so placing myself be 
 tween General Miramon and Prince Salm Salm, and op 
 posite the Emperor. They all smiled a little, and His 
 Majesty looked up at me and said, "This is a stupid 
 game ; it s like children s play." He seemed to be im 
 pressed with the idea that I might think it was a silly 
 occupation for men of talent to be engaged in. He 
 made that same remark twice. I replied that it was by 
 no means stupid ; that it occupied the mind, and made 
 the time pass pleasanter than sitting idle. I think we 
 played an hour. The Emperor asked me one day if I 
 thought that he and his two generals, Miramon and 
 Mejia, w r ould be justified in escaping, if they could. I 
 answered him, " Certainly, by all means; I have no idea 
 that the court-martial will do you justice : the law is 
 clearly in your favor ; but from my discussion on some 
 of the principles of law with the officers of the govern 
 ment, I am quite satisfied that the determination is to 
 
208 MAXIMILIAN. 
 
 convict you at all hazards." He preferred to have a 
 fair trial before Congress, rather than to have escaped ; 
 but believing that they were anxious to murder him, he 
 had no scruples about saving his life the best way that 
 might be provided. He remarked, " I have never given 
 my word that I would not escape ; I was clever about 
 that." But if he had ever promised not to escape, he 
 would have kept his word. He was punctilious about 
 his honor. 
 
 He then told me of a plot formed to save them. One 
 Henry B. del Borgo, an Italian rascal, a captain in the 
 Liberal army, had received two thousand dollars of the 
 Emperor s money to purchase six horses, saddles, equip 
 ments, and pistols. He purchased that number of horses of 
 an ordinary class, and the accoutrements. I do not think, 
 from an examination of them, that they could have cost 
 over seven or eight hundred dollars. The horses were 
 to be ready on the night designated, at a given point, 
 and the three prisoners were to be let out at the proper 
 time, to mount their horses, and to rush for the moun 
 tains. It was known that Mejia was well acquainted 
 with the whole country, and that with him, there would 
 be no danger of being lost. Much to the surprise of us 
 all, the Italian left one morning early, taking with him 
 the balance of the money ; and it was believed that he 
 had made known the plot : but as to that, we did not 
 positively know. I think he left on the morning of the 
 5th of June. 
 
 That night the guard was increased, and a light kept 
 burning all night near the Emperor s room. We began 
 to conjecture as to the cause. Finally, it was rumored 
 that Miramon s wife had attempted to bribe the officers ; 
 that she had succeeded with several, but one of them 
 had told the secret. We therefore considered that the 
 Emperor s plot was yet undiscovered. 
 
 The getting out of the convent was the difficult part. 
 
MAXIMILIAN. 209 
 
 They considered that once out, there would be no dan 
 ger. How to pass the officer and nine or ten sentinels, 
 was the great question. The Emperor once said to me : 
 " Cannot we get out with ropes putting one hand over 
 the other, like sailors in climbing? You know I am 
 good at that I have been in the navy." I answered 
 him, perhaps that might be done, but I thought it would 
 be difficult, as there was no outside window to his room. 
 I did not think it feasible, as the most difficult part 
 would be to pass the first guards in the corridor, which 
 he would have to do to reach any opening. 
 
 After the foregoing had taken place, I was requested 
 by the officer of the guard to speak entirely in Spanish 
 to His Majesty. He said that was the order which he 
 had received. As he remained near us when we con 
 versed, I was compelled to talk in that language. At 
 one time I knew that the wife of Prince Salm Salm was 
 to be there within a half-hour or more ; I therefore pro 
 longed my visit, knowing that she could talk but little 
 Spanish, and was under the necessity of speaking in 
 Eno-lish to the Emperor. As they conversed I joined in, 
 of course in English ; and then I availed myself of the 
 opportunity of saying to His Majesty what I did not 
 wish the officer of the guard to understand. 
 
 The lawyers from the city of Mexico visited His Ma 
 jesty the next day after their arrival. They suggested 
 that the laws were unconstitutional, and that they would 
 attack the laws on that ground. 
 
 His Majesty said to me on the following day, that 
 when they made those observations to him he imme 
 diately said to them that those points, as to the un- 
 constitutionality of the laws, had already been made. 
 They inquired, " By whom ?" " By an American law 
 yer." They exhibited a little surprise, His Majesty 
 said, that a foreign lawyer should be so familiar with 
 their constitxition and laws. The Emperor pointed out 
 
210 MAXIMILIAN. 
 
 the favorable positions which I had assumed, and gave 
 them a translation of my legal views. They did me the 
 honor to say that they agreed perfectly with all my 
 opinions. They requested that I should meet them in 
 consultation the next day at ten o clock in the morning. 
 Before that hour arrived, they thought it best for Messrs. 
 Palacio and De la Torre to go forthwith to San Luis 
 Potosi to see what could be done with the President and 
 Cabinet. 
 
 The lawyers all worked very hard to save the Emperor. 
 They did all that was in their power as lawyers, and 
 with their influence as men. 
 
 I asked the Emperor if he thought he would have 
 been able to sally out of Queretaro had he not been sold 
 liy Lopez, and had the plans formed on his part been ex 
 ecuted. He replied, " Yes." He believed that he would 
 have been successful in reaching Vera Cruz. He ob 
 served that he had at that time, May 14th, five thousand 
 men in Queretaro. He did not seem to have any doubt 
 in his mind that he would have fought his way through. 
 
 While he was sitting up in bed one day, the name of 
 Lopez came up in the conversation, and the wife of 
 Prince Salm Salm was present, who remarked to me, 
 " What do you think ? A few days ago His Majesty 
 heard that some man was in pursuit of Lopez to kill 
 him, and His Majesty sent a person to inform Lopez of 
 the fact, and to be on his guard." I looked at the Em 
 peror, and observed, "Did Your Majesty do that?" 
 He smiled, and blushed a little, and answered, " Yes, I 
 did." I then said that that was more than I could have 
 done to a man that had sacrificed me. He made some 
 remark to the effect that he supposed but a few persons 
 would have done it. 
 
 I asked him if I could have one of his photographs ; 
 to which he replied, " With the greatest pleasure ; and 
 you will please give me yours, with your signature on it." 
 
MAXIMILIAN. 211 
 
 He gave me one of his, observing that it was taken some 
 time ago, but that if God spared his life he would give 
 me a better one. I gave him my own, with my sig 
 nature. He thanked me very kindly. He further said, 
 " If God spares my life, and you go to Europe, the castle 
 of Miramar shall be your home." I thanked him, and 
 said I hoped we would meet there ; and that if he and 
 I lived, we should probably see each other in Europe. 
 It was his custom, when speaking of what he would 
 probably do if he lived, to preface the remark with the 
 words, " If God should spare my life" 
 
 His Majesty was dressed in citizen s clothes, having 
 on black pants and vest, a dark-blue single-breasted 
 frock-coat, black necktie, white socks, and a pair of 
 variegated cloth slippers. His health was not very good; 
 and frequently, when I visited him, he was sitting up in 
 his bed, somewhat feeble. 
 
 On the seventh of June, I was sent for by General 
 Escobedo. I called at his office. After a few moments 
 conversation, he observed that he had just made an order 
 requiring all foreigners to leave the city on the follow 
 ing day. He further said that I was not alone included 
 in the order. I inquired of him if any accusations had 
 been made against me ; to which he replied, " Not any." 
 I then called upon the Emperor, and informed him of 
 the fact ; at which he was very much displeased. He 
 wished me to say to General Escobedo that I was one 
 of his counsel, and on that ground, to request that I 
 could stay with him through the trial. He also desired 
 that I should solicit Mr. Vasquez, one of his counsel, to 
 call upon General Escobedo, and ask of him permission 
 for me to remain. I called on Mr. Vasquez, and made 
 known to him the desire of the Emperor. He refused to 
 comply, saying that he had once that day called upon 
 the general, and found him in a bad humor, and quite 
 enraged about something. I bid His Majesty good- 
 
MAXIMILIAN. 
 
 bye that afternoon, saying that I did not see how it was 
 possible for me to remain any longer, as the order of the 
 commanding officer was positive, and must be obeyed. 
 He said to me "Good-bye" most affectionately, with a 
 very complimentary additional remark; and then we 
 parted. That parting I never shall forget. 
 
 Subsequently, I saw General Escobedo again, and said 
 to him that I was one of the Emperor s counsel, and 
 that it was his wish that I should remain with him. He 
 replied, " Foreigners cannot practice in our courts." I 
 might further add, that if he had the control of the 
 nation, and the law-making power, he would not allow 
 a foreigner to live in the country. He did say, that 
 were it in his power to govern the rights of foreigners, 
 he would not permit them to live in Mexico, unless they 
 became citizens of the country. The following morning 
 I left the city for Tacubaya. 
 
CHAPTER XIII. 
 
 Court-martial Accusations Defence Trial and judgment Maximilian s de 
 cree of October 3d, 1865 Law of Juarez, 1862 Treaty of Miramar Corre 
 spondence between United States and Mexico Parts of the Mexican Con 
 stitutionComments on the law. 
 
 BY an order of Seilor Don Benito Juarez, as Presi 
 dent of the Republic of Mexico, General Mariano 
 Escobedo, chief of the forces at Queretaro, was com 
 manded to form an Ordinary Council of War, which 
 should be authorized and required to try His Majesty 
 Maximilian, and his generals, Miramon and Mejia, 
 
 The Government of Mexico recognized Maximilian 
 only as Archduke of Austria, and the other two prison 
 ers as mere citizens, not acknowledging their titles as 
 generals, but as the "so called generals." 
 
 They were thus entered on the records. 
 
 General Escobedo telegraphed to the Minister of War 
 on the 2Yth of May, 1867, that, in answer to his note of 
 the 21st, he had the honor to say that proceedings had 
 been taken toward the trial of the three mentioned per 
 sons. 
 
 In accordance with the foregoing order, General Esco 
 bedo appointed the following persons as members of 
 that Council of War: Lieutenant-Colonel Platon San 
 chez (President), Captain Jose Vicente Ramirez, Emilio 
 Lojero, Ignacio Jurado, Juan Rueday Auza, Jose Veras- 
 tigui, and Lucas Villagran. 
 
 Lieutenant-Colonel Manuel Aspiroz was appointed by 
 the general as Fiscal, and Joaquin M. Escoto as Asesor. 
 Both are law-officers of the Government. The Fiscal s 
 duty is to write the accusations, take the evidence, and 
 
214 MAXIMILIAN. 
 
 manage the cause on the part of the Government ; in 
 short, he is the attorney for the Government. The Ase- 
 sor s duty is to examine the cause after the court shall 
 have passed judgment, and to render his opinion there 
 upon, in favor or against the legality thereof ; which opin 
 ion governs the commanding-officer, in his approval or 
 disapproval of the judgment. 
 
 The Minister of War sent instructions to the Fiscal 
 containing the main points of complaint ; upon which 
 the latter drew the accusations, which were based oi 
 the alleged violations of the provisions of the law beaj-| 
 ing date January 25th. A. D. 1862, created by the Pi 
 dent of the Liberal party alone. 
 
 The three prisoners were tried together, although 
 upon separately-written charges. 
 
 The first proceeding, on the part of the Government, 
 after the formation of the Court, was a preparatory 
 writing, drawn by the Fiscal, containing interrogatories 
 addressed to the Emperor, demanding of him to answer 
 whether he was Ferdinand Maximilian, Archduke of 
 Austria, the so-called Emperor; and for what purpose 
 he came to Mexico. To which he answered that he was 
 the aforesaid Archduke, and was born July 6th, 1832: 
 that he came to Mexico at the solicitation of a large 
 number of Mexican citizens ; and that he believed that 
 he was so called by a majority of said citizens. 
 
 A Protest, bearing date May 29th, was drawn by 
 Senor Vasquez, the resident lawyer of His Majesty at 
 Queretaro, signed by Maximilian, wherein was set forth 
 that various Mexicans were desirous of establishing an 
 empire in Mexico, and to elect him Emperor thereof; 
 that he answered them that he wished proof that a 
 majority of the Mexican people were of that opinion : 
 that subsequently an Assembly of Notables presented 
 him a document which evidenced that the people of 
 Mexico had already adopted that form of government ; 
 
MAXIMILIAN. 215 
 
 and that believing, after an examination, that the prin 
 ciples therein laid down were in accordance with the 
 will of the Mexican people, he then consented to their 
 proposition to accept the crown ; that, accordingly, he 
 governed Mexico for more than two years, recognized by 
 the nations of Europe. Also that other facts presented 
 themselves in favor of his cause, namely: Jesus G. 
 Ortega proclaimed himself President of the Republic 
 of Mexico ; that he had been arrested and not yet tried, 
 but was waiting for a high tribunal, vested with compe 
 tent authority ; and that he, Maximilian, was chosen 
 Emperor while he was at Miramar, and did not, like 
 Ortega, proclaim himself the head of the Government. 
 Finally, the Protest closed, asking : first, that the Coun 
 cil of War be declared incompetent ; second, that orders 
 be given to suspend all summary proceedings against 
 him, based upon the said law of .Tfl.n]]p.ry 25th. 1862 ; 
 third, that no Ordinary Council of War be formed or 
 installed, based upon the said law of January, the com 
 petency of which he did not recognize. The Protest 
 had subjoined thereto the following : 
 
 " Finally, I say, that in conformity with the frankness 
 of my character, I ought not to keep it as a secret from 
 you, General, that a true copy of this writing is in the 
 hands of the Hamburg Consul, in order that he may 
 transmit the same, when he may be able, to the Diplo 
 matic Corps, accredited near my person. 
 
 " QUEHETARO May twenty-ninth, one thousand 
 eight hundred and sixty-seven. 
 
 " MAXIMILIAN. 
 
 " JESUS M. VASQUEZ, Counsel" 
 
 The foregoing Protest was handed me for examina 
 tion, and for an opinion as to the points raised in favor 
 of the defendant. I do not think it was satisfactory to 
 
210 MAXIMILIAN. 
 
 the lawyers who came from the city of Mexico on behalf 
 of the Emperor, nor to the Emperor himself. 
 
 The objections to the jurisdiction made therein were 
 overruled by General Escobedo; and thereupon the 
 Fiscal prepared the accusations against Maximilian in 
 the form of interrogatories, and propounded the same in 
 the presence of the notary appointed to take down the 
 answers that might be given thereto. 
 
 The accusations, answers of the defendant, and state 
 ments of the notary therein, constituted the charges in 
 full, and were embraced in one document, which was in 
 the following language : 
 
 "Maximilian being asked if he would promise to 
 speak the truth as to all he knew upon which he might 
 be interrogated, responded that he would answer all 
 questions which were not of a political nature. 
 
 " Being asked concerning the charge of having offered 
 himself as the principal instrument of the French Inter 
 vention, to carry out the plans of said Intervention, 
 which were to disturb the peace of Mexico, by means of 
 a war, unjust in its origin, illegal in its form, disloyal 
 and barbarous in its execution ; and of arousing in Mex 
 ico, the political faction that has sacrificed the national 
 rights and interests in order to satisfy their particular 
 interest; and which faction was already reduced and 
 unable to offer further resistance without the assistance 
 of foreign arms : in order to destroy the constitutional 
 Government of the nation established by the people, who 
 were in the exercise of all its poAvers, and recognized by 
 foreign nations, and even by the very powers which 
 brought on the Intervention ; in order to transform the 
 Republic into a monarchy, which would favor the policy 
 of Xapolooji III., in opposing American democracy, and 
 favor the base interests of the French Government and 
 
MAXIMILIAN. 217 
 
 such men as Jeckcr, who had no other object in view 
 than that of obtaining so base and iniquitious advantages 
 from a war which has been called a War of Intervention, 
 the records of which constitute the First Charge, and 
 others, which are of public notoriety. 
 
 " To this Maximilian replied, that this question being 
 a political one, he would refer them to what he had be- 
 fore answered. 
 
 "The Fiscal, after admonishing the defendant, re 
 peated the charge twice to him, without receiving any 
 other answer than the former one. 
 
 " Being asked and warned to answer to the charge of 
 having come to second and put in practice the plans 
 above referred to of the French Government, without 
 any other title than that which the armed force of the 
 same Government gave him, JTJ_ a f w Y0 tpg , which he 
 pretended to call the Tiatiou.il willj notwithstanding that 
 pretended expression of the national will is false in form 
 and substance, as no one can deny ; since the Mexican 
 Republic being established as it was and as it is on 
 the fun.rlajpf>ntal Charter of 185^, the only legitimate 
 expresion of the will of the people is that which is 
 denned in the same charter, and regulated by the elec 
 toral laws in conformity with the same, it being the 
 form established by the^ame supreme law and respec 
 tive regulations ; and the only legitimate one through 
 which the sovereign will of the Mexicans can be made 
 known ; and not the votes of_a few persons, cast in a 
 
 _ 
 
 few particular towns, aji^L thos_pf an incompetent 
 minority of the * Assembly of Notables. who 
 
 maliciously, to represent the genuine will of the people ; 
 pretending to make their acts to express the consent of 
 the people, and transforming the Republic into the so- 
 called Mexican Empire. And whatever might have 
 been the cause for the proclamation of the monarchy 
 
 10 
 
218 MAXIMILIAN. 
 
 , and Maximilian, the votes obtained in the presence of / 
 an armed force cannot be considered the deliberate and / 
 I spontaneous will of the people. / 
 
 "The false representation of said national will was 
 already proclaimed by native Mexican traitors and for 
 eigners at the beginning of the War of Intervention, 
 as it was known to the world, a^id^j^rotesj^ 
 thg^jjress of Europe and jVmerisa ; and also the plans of 
 a few wicked Mexicans, such as Almonte, Gutierrez 
 Estrado, and the diplomatic efforts of the cabinet of the 
 Tuilleries, which arrived to destroy, at all costs, the 
 Republican Government, and to found, by force, a Mex 
 ican Monarchy, at the head of which the French Govern 
 ment had resolved to place a prince who would accept 
 * the crown, and did, in effect, place the Prince who is 
 present. 
 
 "Maximilian responded as he did to the prior charge, 
 stating that his answer to other charges which might 
 be made would be no other than already given, if they 
 were questions of a political character. The Fiscal then 
 repeated twice the foregoing question and charge last 
 made, and passed on to the 
 
 " Third Charge : That the Archduke Maximilian ac 
 cepted voluntarily the responsibilities of an usurper of 
 the Sovereignty of a people constituted as a nation free 
 and independent ; for the acceptance of which respon 
 sibilities he is severely condemned by the legislation of 
 all nations and various previously made laws of the 
 Republic of Mexico, among which last is that of the 
 twenty-fifth of January, one thousand eight hundred 
 and sixty-two, which has ever since been in force. 
 
 " The Fiscal repeated the said charge twice, and passed 
 on to the 
 
 "fourth Charge: That of having, with an armed 
 force, disposed of the lives, rights, and interests of the 
 Mexican people. 
 
MAXIMILIAN. 219 
 
 " The Fiscal repeated this charge twice, and passed 
 , on to the 
 
 "Fifth Charge: That of having made war against 
 the Mexican Republic, and by and in many cases under 
 the^ direction of the Commander-inj^ef^fjheJ^m^ 
 armyjin Mejdco. Consenting to, authorizing, and com 
 mitting molestations and atrocities of all kinds which 
 could be put into practice to oppress the Mexican peo 
 ple, andjto impose upon them the will of a Prince elects! 
 by the French Government *r> n^y*>rn Mp^iro. 
 
 " Here the Fiscal caused to be read a list of the fright 
 ful number of executions by court-martial of Maximilian, 
 of the Mexican who defended the cause of the Repub 
 lic, and also of the pillage and burning of entire towns 
 throughout the Mexican Territory, and especially in the 
 States of Coahuila, Michoacan, Sinaloa, Chihuahua, Nue- 
 vo Leon, and Tamaulipas. 
 
 " The Fiscal here repeated this last charge twice, and 
 passed on to the 
 
 "Sixth Charge: That of having made, in his own 
 name, a filibustering war, inviting and enlisting for 
 eigners from all nations, principally Austrians and Bel 
 gians, subjects of Powers who were not at war with the 
 Mexican Republic. 
 
 " The Fiscal repeated this twice, and passed on to the 
 "Seventh Charge: That of having published and of 
 having carried into effect against the Mexicans who did 
 ^ not submit to his authority, the barbarous decree of 
 October third, one thousand eight hundred and sixty- 
 \, five, which gave power to all commanding officers of the 
 so-called Imperial army to execute on the spot all pris 
 oners, without regard to the rank or the denomination 
 of the organized body which they formed, or the cause 
 which they defended, and without excluding those who 
 followed them unarmed, or citizens who aided them di 
 rectly or indirectly. 
 
220 MAXIMILIAN. 
 
 "The Fiscal repeated this last charge twice, and 
 passed on to the 
 
 " Eighth Charge : That of having the audacity to as 
 surae in his manifesto of the second of October, which 
 served as a preamble to the said Barbarous decree, that 
 the person at the head of the Constitutional Republican 
 Government had abandoned the Mexican Territory; 
 deducing from this entirely false fact extraordinary 
 consequences in favor of his tyranny, and for the perse 
 cution and disdaining the true patriots who were defend 
 ing the flag of the Republic. 
 
 "The Fiscal repeated this last charge twice, and 
 passed on to the 
 
 " N-inth Charge : That of having attempted to sustain 
 his false title of Emperor of Mexico after the French 
 army had withdrawn from Mexico, and when he saw the 
 Republic rising by his side against the pretended Em 
 pire ; and in support of which he surrounded himself 
 with some of the men who, during the civil war of Mexi 
 co, became famous for their crimes; that of employing 
 means of violence, of death, and desolation ; that of 
 shutting himself in this plaza of Queretaro, in order to 
 check the victorious Republicans from the frontiers of 
 the north to this place ; and that he did not deliver his 
 sword until the plaza was taken by the besiegers, and 
 then to the Colonel of the Campana near by, and on 
 being also assaulted, and in the fort of which Campana 
 he took refuge with two of his Generals, and a handful 
 of other officers, and until after his forces had been im 
 prisoned or dispersed, leaving him no elements to pro 
 long his defence. 
 
 " The Fiscal repeated this charge, and passed on to 
 the 
 
 " Tenth Charge : That of having abdicated the false 
 title of Emperor, so that the abdication should not take 
 
SfAXIMILIAX. 221 
 
 effect immediately, but only when he should be con 
 quered ; that is, at a time when he would not be able to 
 do so by his will, but when he found himself overcome 
 and compelled to abdicate by force of arms. 
 
 " The Fiscal repeated this, and passed on to the 
 
 " Eleventh Charge : That of pretending to be entitled 
 to the consideration due to a Sovereign conquered in 
 war, when for the Mexican nation he has not been such ; 
 not by law, because of the illegality of his title of Em 
 peror, which he abrogated to himself, not, in fact, be 
 cause he was unable to sustain his title by his own 
 forces. 
 
 " In respect to the foregoing charge, the Fiscal read 
 the following facts to him : 
 
 " That Maximilian was unable to establish peace under 
 his rule, even with the assistance of the French army ; 
 that from the complete evacuation of Mexico by the 
 French army to the time of his fall, not even three 
 months had elapsed ; that the Republican Government 
 had sustained itself without interruption, notwithstand 
 ing the strenuous efforts of the French and Maximilian 
 to destroy it ; that the war of Mexico against the French 
 intervention, and against the so-called Empire, the ideal 
 of said intervention, has been maintained without cessa 
 tion for more than five years, always in the name of the 
 Republic, by the authority and under the direction of 
 the Government of the same. 
 
 " The Fiscal repeated this charge, and passed on to 
 make the 
 
 " Twelfth : That of not recognizing the competency 
 of the Council of War, which the law of the twenty-fifth 
 of January, one thousand eight hundred and sixty-two, 
 establishes to try offenders guilty of the crimes therein 
 specified ; which crimes, almost in their totality, Maxi 
 milian committed, and which law he understood, and is 
 
222 MAXIMILIAX. 
 
 applicable to him, because it was already in force before 
 he came to Mexico to commit the specified crimes against 
 the independence and security of the people, against the 
 law of nations, against public peace and order, against 
 individual guaranties ; and which law is now in force, 
 and has been applied, being used as an incontestable 
 right as inherent in the sovereignty of the country, and 
 by which law the government of the Republic has sus 
 tained itself in the defence of the national independence 
 against the French intervention, and that of its internal 
 sovereignty against the usurpation of Maximilian ; with 
 out which there might be some reason that the law was 
 insufficient in this case. 
 
 " The Fiscal repeated the charge twice, and passed on 
 to the 
 
 " Thirteenth Charge : That of protesting against the 
 competency of the Council of War and that of the Gene- 
 ral-in-chief to try him, when the nation has by its ancient 
 and modern laws deposited in said council the adminis 
 tration of justice in time of war, in order to try those 
 who have been conquered during it, or who, for some 
 other reason, are subject to military law. 
 
 " The Fiscal called his attention to the consequences 
 which he would incur by persisting in denying the juris 
 diction of the General-in-chief over him, to whom he had 
 surrendered at discretion. This was repeated twice, and 
 Maximilian was required to answer it, as well as the rest 
 of the foregoing charges. The Fiscal notified him again 
 that, by the laws of the country, all the charges preferred 
 against him would be taken as confessed, if he refused 
 to answer and defend himself. And not having obtained 
 any answer from Maximilian, except the one which he 
 had previously given that he could not answer any 
 question of a political character, because he thought he 
 ought not to recognize the competency of a military 
 judge to try him the present confession was finished 
 
MAXIMILIAN. 223 
 
 and terminated, with the charges which the Fiscal and 
 Maximilian will sign, with the notary who subscribes to 
 
 the same. 
 
 " MANUEL ASPIEOZ. 
 " MAXIMILIAN. 
 
 " Before me, JACINTO MELENDEZ." 
 
 It will not be surprising to the professional man, nor 
 even to the layman, that the reading of such trash as 
 the foregoing accusations and charges should have pro 
 duced the remark which the Emperor made to me. He 
 observed, " I had to put my hand over my mouth when 
 they were read to me, to prevent laughing." 
 
 We could not expect to see such a document as that 
 issue from among men where jurisprudence is taught as 
 a science. And the face of Maximilian will not be the 
 only one on which the reading thereof will have pro 
 duced a smile. It will likewise cause surprise to those, 
 at least, who have been nurtured under the benign in 
 stitutions of a free government, to behold the trial of a 
 man, for his life, under a rule of law that compels him 
 to be a witness against himself, and if silent thereon, 
 every accusation and charge shall be taken to be true. 
 The humane doctrine advanced and adhered to in Eng 
 land and the United States is, that a man shall be 
 deemed innocent until proved guilty; and that the 
 temptation to perjury shall be held out to no man 
 where his life or person is in jeopardy. And frequently 
 in those two countries a defendant has been allowed to 
 withdraw a plea of guilty, and to enter one of "not 
 guilty." 
 
 What civilized country authorizes its officers to pre 
 fer charges against a man for raising a plea to the 
 jurisdiction of its tribunals ? Where Justice reigns, is 
 a man to be chastised for presenting every, point which 
 his counsel maj think valid in law ? Suppose the points 
 
L ~ r MAXIMILIAN. 
 
 arc overruled, is that evidence of a crime or mis 
 demeanor ? 
 
 Such a proceeding is enough to make a Repub 
 lican blush, as he is told that it has been carried out 
 under his form of government. 
 
 The Emperor desired that I should set forth my views 
 of the law, in order that the world might know his true 
 legal position, so for as I was able to state it, even 
 although the Mexican authorities should overrule the 
 positions. I did so, somewhat hurriedly. He requested 
 me to send copies of that defence to the United States, 
 so that it might be read by the distinguished men of 
 that country. That defence was in the following 
 words : 
 
 " Yv 7 hereas, Maximilian is now a prisoner in the city 
 of Queretaro, Mexico, by virtue of his surrender to the 
 Mexican forces, heretofore, to wit, on the 15th of May, 
 A. D. 1867; and whereas certain criminal proceedings 
 have been ordered on certain charges and accusations I 
 against him by the Mexican authorities ; and whereas I 
 the said Maximilian has, heretofore, made his solemn 
 protest, denying the jurisdiction of the court estab-J 
 lished for the purpose of trying him on said accusations^ 
 and charges : Therefore, be it known, that the said Max- ; 
 imilian hereby further protests against the jurisdiction , 
 of said military court or tribunal, and against the right 
 of any military tribunal to try him ; that he is only a 
 prisoner of war, and was so considered and declared so 
 to be by the Commander-in-chief of the Mexican Lib 
 eral Army, to w T hom he surrendered himself, as afore 
 said. 
 
 ." 1st. He contends that he is only a prisoner of ioar 9 
 and that, according to the generally recognized usages 
 and rules of war, that if he is to be tried by any court, 
 or by any law, the trial should be before a competent 
 
MAXIMILIAN. 225 
 
 court, and lit accordance with International Law, as 
 understood among civilized nations ; which consists of 
 those rules of conduct which reason deduces as con 
 sonant to justice from the nature of the society existing 
 among independent nations, with such definitions and 
 modifications as has been established by general con 
 sent. 
 
 " 2d. That, according to the generally recognized 
 usages and rules of International Law, no use of force 
 is lawful except so far as it is necessary. A belligerent 
 has therefore no right to take away the lives of those 
 subjects of the enemy whom he can subdue by any other 
 means. Those who are actually in arms, and continue 
 to resist, may be lawfully killed ; but those who, being 
 in arms, submit and surrender themselves, may not be 
 slain, because their destruction is not necessary for ob 
 taining the just ends of war. The killing of prisoners 
 can only be justified in those extreme cases where re 
 sistance on their part, or on the part of others who came 
 to their rescue, renders it impossible to keep them. 
 Both reason and general opinion concur in showing that 
 nothing but the strongest necessity will justify such an 
 act. See Wheaton on the Law of Natiojis, Part 4th, 
 Chapter 2d, Section 2d. 
 
 " 3d. That, if it be lawful to try him by a court-mar 
 tial, the officers who compose the court established by 
 the order of the Mexican authorities of the Liberal 
 Party are of too low a rank,- according to the usage 
 and rules of civilized nations. 
 
 " 4th. That the internal sovereignty of a State does 
 not, in any degree, depend upon the recognition by 
 other States. The existence of the State de facto 
 is sufficient, in this respect, to establish its sove 
 reignty de jure. It is a State because it exists. Upon 
 this principle, the Supreme Court of the United States 
 held, in 1808, that the internal sovereignty of the United 
 
226 MAXIMILIAN. 
 
 States of America was complete from the time they de 
 clared themselves free, sovereign, and independent 
 States, on the 4th of July, 1776. The same principle 
 was recognized in the treaty with Great Britain and the 
 United States, in 1782. See Wheaton on the Law of 
 Nations, Part 1st, Chapter 2d, Section 6th. 
 
 "5th. That he, Maximilian, was Emperor and Sover 
 eign head of Mexico for a long time, and as such Sover 
 eign head exercised jurisdiction and control over the 
 greater part of the territory of Mexico. 
 
 " 6th. That he, Maximilian, being the Sovereign head 
 of Mexico, and so recognized by nearly all of the nations 
 of the world, was not and is not subject to any laws or 
 decrees made by the President of the Liberal or any 
 other party, although said President was recognized by 
 the United States as President of Mexico, because said 
 Liberal party was not the government de facto of Mex 
 ico, and therefore he ought not to be adjudged by any 
 such laws or decrees. 
 
 " 7th. That, according to the rules and principles of 
 International Law, the Sovereign head of a government 
 de facto cannot be tried or punished for making or issu 
 ing any decree or law ; and while within his own govern 
 ment, is not amenable to the municipal laws of any other 
 government or party. Therefore, Maximilian, upon legal 
 principles, cannot be tried or condemned for issuing the 
 decree known as the Decree of October 3d, whatever 
 may be the character of said decree. Every State has 
 certain absolute sovereign rights; one of the most im 
 portant is the right of self-preservation. This right 
 necessarily involves all the incidental rights which are 
 essential as means to give effect to the principal end. 
 See Wheaton on the Law of Nations, Part 2d, Chapter 
 1st, Sections 1, 2 and 3. 
 
 " 8th. The law of President Juarez of 1862, January 
 25th, is unconstitutional. 1st. Because it was made by 
 
MAXIMILIAN. 227 
 
 the President alone, who has no authority to legislate. 
 See Mexican Constitution, Title 3d, Art. 50, under the 
 Division of Powers, which says that the supreme 
 power of the federation is divided into legislative, ex 
 ecutive, and judicial powers ; that no two of said powers 
 can ever be united in one person ; and that legislative 
 power shall never be deposited in one individual. There 
 fore any law not made by the legislative power is un 
 constitutional. 2d. Said law is unconstitutional, because 
 it punishes a man with death for political crimes, con 
 trary to Art. 23d, Title 1st, Section 1st. 
 
 " 9th. The powers given to the President in Art. 29, 
 Title 1st, Section 1st, .Mexican Constitution, to suspend 
 certain guarantees mentioned in said Constitution, do 
 not extend to those guarantees that secure the life of 
 man. 
 
 "10th. The word guarantees^ in the Constitution 
 means individual guarantees or rights, and the power 
 to suspend them does not give the power to the President 
 to make laws. If the President can make laws, he can 
 destroy the form of the government, and it would be 
 come monarchial rather than constitutional. If the 
 President can exercise legislative power, he can likewise 
 exercise judicial power, and he would then be an auto 
 crat. 
 
 "llth. That the Congress of Mexico have no power 
 to declare that the President can make laws. Congress 
 cannot delegate its power to any one. If it can delegate 
 its powers to the President, then it can do so to any 
 other individual. Neither Congress nor the President 
 can destroy the form of government by giving each 
 other a part of their respective constitutional powers. 
 All the powers of Congress are mentioned in Title 3d, 
 Section 1st, Paragraph 3d, Art. 72 ; and there is no au 
 thority given to delegate the powers of Congress to the 
 President. According to Title 6th, Art. 117, the powers 
 
228 
 
 which are not expressly conceded in the Constitution to 
 the federal functionaries are understood to be reserved 
 to the States. Art. 126th, Title Gth, says that This 
 Constitution, the laics of the Congress of the Union 
 which emanate from it, and all treaties made, or which 
 may be made by the President of the Republic, with 
 the approbation of Congress, shall be the supreme law 
 of the Union. It does not say that the laws of the 
 President shall be the supreme law of the land, but, on 
 the contrary, none but the laws of the Congress of the 
 Union. And, further, under the head Of the Inviola 
 bility of the Constitution, Title 8th, Art. 128th, it says, 
 * This Constitution shall not lose its force and vigor even 
 in time of rebellion? 
 
 " 12th. The late or present war being a civil war, the 
 punishment of death cannot be awarded for political 
 crimes, according to the said Art. 23d. 
 
 " 13th. That there is a distinction between an execu 
 tive regulation and a law. The executive can only pro 
 vide for the execution of the law; consequently a regula 
 tion or decree of the President conflicting with any exist 
 ing law, or the Constitution, is void. Lares, in his DerecJio 
 Administrate o, page 19, says: Neither the judicial 
 nor administrative tribunals are under any obligation to 
 obey illegal reglamentos* (regulations). Such is the 
 opinion of the writers on the Civil law which is in force 
 in Mexico. 
 
 " 14th. That if the said war is & foreign one, then Max 
 imilian is not guilty of treason, as he is an Austrian. 
 
 " 15th. That whilst a civil war, involving the contest 
 for the government, continues, other States may remain 
 indifferent spectators of the controversy, or may espouse 
 the cause of either. The positive law of nations make 
 no distinction between a just and an unjust war in this 
 respect ; and the intervening State becomes entitled to 
 till the rights of war against the opposite party. And 
 
MAXIMILIAN. 229 
 
 the fact that foreign States in Europe furnished him, 
 Maximilian, troops and munitions of war, or whether 
 such troops rendered him aid voluntarily, does not, ac 
 cording to the law of nations, change his rights as a 
 contestant in the struggle for the supremacy of gov 
 ernment. 
 
 " 10th. That the general usage of nations regards a 
 civil war as entitling both the contending parties to all 
 the rights of war against each other, and even as re- 
 spects neutral nations. And therefore, if the decree of 
 Juarez, of January 25th, 1862, was legally made which 
 punished with death prisoners of war, then Maximilian 
 was justified in issuing the decree of October 3d, 1885, 
 in retaliation, it being only equal in severity. 
 
 " 17th. That, as a fact, the French forces under Mar 
 shal Bazaine were not subject to the control of Maxi 
 milian in regard to their military regulations, orders, 
 and movements, as will appear by the treaty of Miramar ; 
 but only so in regard to their political government 
 while in the Empire of Mexico. 
 
 " 18th. That the said decree of October 3d, 1865, was 
 drawn by instructions, and according to the direction 
 of Marshal Bazaine ; and that he, Maximilian, was in 
 formed that the said Marshal Bazaine enforced a part 
 of said decree before it was signed by said Maximilian. 
 
 " 19th. That at the time said Maximilian signed said 
 decree, Marshal Bazaine stated to him, Maximilian, that 
 ex-President Juarez had positively left the territorial 
 jurisdiction of Mexico, and that he was then in the 
 State of Texas, in the United States of North America. 
 
 " 20th. That the said Maximilian, after he left the city 
 of Mexico for Orizaba, at the Hacienda Zoquiapam, on 
 the 21st of October, 1866, annulled said decree; but 
 that said annulment thereof was secreted by the said 
 Marshal Bazaine for three weeks before the same was 
 published, although he, the said Maximilian, sent three 
 
230 MAXIMILIAN. 
 
 despatches to the city of Mexico, ordering the said an 
 nulment to be published forthwith. Therefore, upon 
 principles of natural justice and the usage of nations, the 
 said decree of January 25th, 1862, if ever legal, should 
 not have been enforced after the annulment of the said 
 decree of Maximilian of October 3d, 1865. 
 
 " 21st. And the said Maximilian hereby declares, as a 
 fact, that in no single instance did he ever issue an 
 order to take the life of any particular prisoner or 
 prisoners ; but that, on the contrary, whenever he was 
 informed that prisoners of war were in the possession of 
 his forces, he immediately issued orders not to take the 
 life of any of them. 
 
 " 22d. And further, as one of the charges preferred 
 against him, Maximilian, is, that of contumacy in ob 
 jecting to the jurisdiction of the court ordered to try 
 him, he avers that that is a question of law ; and that 
 in every court in civilized nations it is the legal right 
 of a defendant to make such objections as he may be by 
 
 :~ounsel advised. 
 "FEEDEKIC HALL, Of Counsel." 
 
 The foregoing points of defense were prepared on the 
 4th of June, and translated into Spanish. The counsel 
 from the city of Mexico having arrived on the 5th, those 
 points were presented to them for consideration. They 
 observed to His Majesty, to the Diplomatic Corps, and 
 to myself, that they fully concurred in the foregoing 
 opinion. 
 
 On the 6th, Messrs. Ortega and Yasquez filed a peti 
 tion in the nature of a plea to the jurisdiction, wherein 
 they set forth that, according to the 128th Art. of the 
 Constitution, in case of the observance of that Constitu 
 tion being interrupted by a rebellion, and that the peo 
 ple thereafter should recover their liberty, the re-estab 
 lishment of that instrument should immediately take 
 
MAXIMILIAN. 231 
 
 place ; that, in accordance with its provisions and the 
 laws under it, the persons who rebelled against it should 
 be tried ; that the defendant, Ferdinand Maximilian, is 
 N,on trial as the head of the rebellious government formed 
 contrary to the Constitution of 1857, and therefore the 
 128th should govern. 
 
 That the same Constitution, in treating of the judicial 
 power of the Federation, provides in Art. 97, that the 
 Federal tribunals are clothed with the power, among 
 others, to try those cases in which the Federation is a 
 party; that the Federation is a party in all cases in 
 which it has an interest ; that it has in no case more 
 interest than where the rights of the nation have been 
 violated. 
 
 That it is quite clear, according to said Art. 97, and 
 Arts. 100, 104, and 105, that the Federal tribunals have 
 jurisdiction of the cause of Maximilian. That the Fed 
 eral tribunals are the District, Circuit, and Supreme 
 Court, as well as Congress, in certain cases ; that only 
 in such courts ought the defendant to be tried, and not 
 in any Council of War, either ordinary or extraordi 
 nary. That, according to Art. 13 of the Constitution, 
 no person can be tried by private laws, nor by special 
 tribunals; that the laws of January 25th, 1862, is a pri 
 vate law, and the Council of War a special tribunal. 
 That Art. 23d prohibits the punishment of death for 
 political crimes, except against traitors in a foreign war ; 
 that the defendant, Maximilian, is a foreigner, and can 
 not be a traitor ; that it is clear that said law of January 
 25th, 1862, is contrary to the said Articles 13 and 23 
 of the Constitution of 1857. That Art. 29 of that in 
 strument authorizes the suspension of certain guaran 
 tees, but that it is equally clear that it does not extend 
 to cases which secure the life of man ; that no extraor 
 dinary faculties could enable the President to enact laws 
 contrary to the Constitution ; and that the Constitution 
 
232 MAXIMILIAN. 
 
 can only be changed by a two-third vote of the members 
 of Congress, and the approval thereof by a majority of 
 the Legislatures of the States. 
 
 The petition, or plea, closes with a prayer that the 
 Council of War be declared incompetent to try the de 
 fendant Maximilian, asking that he may be tried by 
 the Federal tribunals ; and that if the general in com 
 mand does not wish to take the responsibility of deciding 
 the question, that he consult the Supreme Government 
 upon that point. 
 
 Such were the principal points of law raised against j 
 the jurisdiction of the court on the 6th of June ; and the* 
 same being presented to the commanding general, and 
 by him considered, were overruled, and the party ordered 
 to trial. 
 
 The Emperor and his counsel were desirous of post 
 poning the trial as long as possible ; but were compelled 
 ^o;jx)tnalj3n 13th of June. ^,^s*^- 
 
 On that day, at six o clock in the morning, fifty 
 mounted men of the Cazadores de Galeana (Sharp 
 Shooters of Galeana), and fifty infantry of the batallion 
 called the Supreme Powers, formed in front of the door 
 of the Convent of Capuchinaa. 
 
 At eight o clock, the Court, dressed in full uniform, 
 assembled in the Iturbide Theatre, a building which 
 will contain about fifteen hundred persons. On that 
 occasion the house was filled. 
 
 The Court and two of the prisoners occupied the stage. 
 At nine o clock Generals Miramon and Mejia entered a 
 carriage and were conducted to the place of the court, 
 escorted by the force above mentioned. 
 
 The Emperor was a little unwell, and did not appear 
 in court. Had it been necessary he could have gone ; 
 but he had too much discretion to make a show of him- 
 celf to a curiosity-seeking crowd. He remarked that if 
 
MAXIMILIAN. 233 
 
 they intended to convict him, they would do it whether 
 he was present or absent. 
 
 The President of the Council of War opened the court 
 immediately after the arrival of the two aforesaid de 
 fendants, and the Fiscal commenced to read the cause. 
 So far as the Emperor s case was concerned, no witnesses 
 were introduced by either party. The Fiscal read some 
 records of the shooting of General Ateaga and Colonel 
 Salasa, who were executed by order of General Mendez, 
 at Morelia, in the State of Michoacan, in October, 1865. 
 It appears that they tried him for every execution that 
 could be thought of which was made under the Empire. 
 It certainly will be considered by the world as an an 
 omaly in judicial proceedings. Some printed decrees and 
 other documents, purporting to be signed by the Empe 
 ror, were introduced, without any proof that they were 
 genuine. This evidence was supported, the Fiscal con 
 tended, by the law that permits the evidence of public, 
 notoriety to be adduced in proof of the acts of the de 
 fendant. Not a witness was sworn in the case to testify 
 upon any point. 
 
 As the three cases were tried together, the reading of 
 the charges, documentary evidence, and written argu 
 ments occupied two days. On the second day neither 
 of the defendants were in court. 
 
 After the Fiscal had presented his views of the law, 
 the opinion of Messrs. Ortega and Yasquez, dated June 
 12th, 1867, with their signatures attached thereto, was 
 read. My name will not be found in the record of the 
 cause : being a foreigner, the law would not permit me 
 to make an appearance in court, nor to file any paper in 
 the cause as counsel. But it will be observed that my 
 views of the law, laid down in the document written on 
 the fourth of June by me, are adopted in the petition, 
 or plea, to the jurisdiction of the court, written by Messrs. 
 Ortega and Yasquez, on the sixth of June. The same 
 
234 MAXIMILIAN. 
 
 principles are advanced by them in their written argu 
 ment of the 13th. I will state that it was my intention 
 to have written a more lengthy opinion, had I been 
 allowed to remain in Queretaro until the termination of 
 the trial, and to have sustained my points by references 
 to the authorities found in the work of Justice Story on 
 the Constitution of the United States, and the decisions 
 of the Supreme Court of our country provided I should 
 have been able to obtain them from the United States 
 Consul s office in the city of Mexico. What I wrote 
 were points briefly stated, as is quite apparent, upon 
 which, thereafter, I desired to extend my argument. 
 As the Emperor especially desired my humble opinion 
 to be sent abroad, that the legal points, if of any value 
 in his favor, should be known, although lie might be 
 convicted by that court ; and inasmuch as I was a for 
 eigner in Mexico, and not allowed to make an appear 
 ance in the cause, I deem it due to myself to make this 
 statement as to my position. 
 
 It would be far more in unison with my feelings to in 
 sert herein the written argument of Messrs. Ortega and 
 Vasquez ; but its length is the reason rendered for its 
 non-appearance. The following is given as embracing, 
 in brief, the points of their discussion : 
 
 They presented their objections to the proceedings 
 upon the grounds of the unconstitutionality of the 
 law of January 25th, 1862, as contained in their plea to 
 the jurisdiction of the court on the sixth of June ; that 
 there was no proof, either oral or documentary, that 
 supported the charges ; that under the legislation of no 
 country is a defendant prohibited from presenting any 
 objection to the court or proceedings which he may 
 think valid in law ; that if he does present them, it is no 
 crime, although the decision thereon be against him ; 
 that the court is not an inquisition ; that, according to 
 
MAXIMILIAN. 235 
 
 the legislation of Mexico, hearsay testimony is of no value ; 
 that such testimony is contrary to the doctrine laid down 
 in law 28th, title 16, of the 3d Partidas ; that, according 
 to the law of Mexico, two witnesses of good character 
 who saw the alleged act committed are required for full 
 proof (prueba plena) ; that proof of public notoriety is 
 not allowed when witnesses can be obtained who wit 
 nessed the commission of the alleged crime. Here coun 
 sel cited the authority of Escriche, under the title " Fa- 
 ma" showing that the testimony called that of "public 
 notoriety" in criminal cases, is of no value ; and that 
 Escriche says, " Notoriety, although it may be proved, 
 is not generally full proof, because many times it is false 
 and deceiving ; as the common laws says, "Dictum uni- 
 cus facile sequitur midtitudo" They also quoted the 
 following from Ferraris : " Fama regulariter loquendo 
 
 de per se non facit plenam probationem facit 
 
 tamen semiplenam probatium in causes civilibus, secus 
 autem in criminalibus, ubi requiruntur probationes in- 
 dubitata et luce meridiana clariores" Which law clearly 
 illustrates that the civil law does not consider public no 
 toriety sufficient in a civil case, and much less in a crim 
 inal one. The same doctrine is supported by Febrero, 
 in Lib. 3d, title 2d, chap. 12, num. 108, wherein he says 
 that " public notoriety, in criminal causes, is no proof, 
 because that ought to be clear as light, conclusive, un 
 doubted, and not to be determined by suspicions." 
 
 The counsel further contended that, by the said law 
 of January 25, 1862, in Art. 6, that public notoriety was 
 sufficient to institute an inquiry, as provided by the 
 General Ordinance of the Army and Law of September 
 15, 1857 ; but that said laws do not hold that such testi 
 mony is sufficient to convict a party ; and that, accord 
 ing to Escriche, under title " Collar" (to be silent), 
 that no one was obliged to accuse himself, and that 
 silence is not proof that the alleged charges are true ; 
 
236 MAXIMILIAN. 
 
 and that the 55th Article of the Ordinance says, that 
 "to sustain the sentence of death, every judge ought to 
 recollect that there must be conclusive proof of the 
 crime, unless the defendant has confessed the crime." 
 
 That the crime must be proved as alleged, and that 
 the criminal intent must also be shown to have existed, 
 in order to constitute a crime. 
 
 That the decree of the Emperor, of October 3, 1865, 
 would favorably compare with the said law of January 
 25, 1862. 
 
 The counsel then referred to the noble example of the 
 United States in behalf of Jefferson Davis ; that he had 
 been conquered in 1865, and not subjected to an incom 
 petent tribunal for trial ; that when the popular crowd 
 of Paris severed the head of Louis XVI., the impartial 
 opinion of the world did not approve the act ; that the 
 English of the present day do not sustain the execution 
 of Charles I. ; and that Charles X. of France, in 1830, 
 had his life respected. 
 
 Such is a summary of the points taken by the counsel 
 in their written argument for the defence. After which, 
 they orally commented upon the case, Mr. Ortega clos 
 ing the discussion. 
 
 On the 14th day of June, the arguments being closed 
 in the three cases, the public session was adjourned, and 
 a private one opened, for the consideration of the case ; 
 and at the end of their deliberation, at eleven o clock at 
 night, a unanimous decision of guilty, with the punish 
 ment of death, was pronounced against each of the de 
 fendants. 
 
 On that night the papers in the cause were passed 
 over to the Asesor for his examination, who, on in 
 vestigation thereof, rendered an opinion that the same 
 were valid ; whereupon the commanding general, Es- 
 cobedo, signified his approval, making the same final. 
 
 In order to have a complete understanding of the 
 
MAXIMILIAN. 237 
 
 Emperor s cause, it will be necessary to examine the law 
 of January 25th, 1862 ; the decree of the Emperor dated 
 October 3d, 1865 ; certain parts of the Mexican Consti 
 tution which are applicable to the cause ; the treaty of 
 Miramar ; and the correspondence between the United 
 States and Mexico relative to the preservation of the 
 life of Maximilian. 
 
 The placing of the foregoing correspondence as one 
 of the documents in the case, may produce a smile from 
 the members of the bar ; but although it was not pro 
 duced on the trial as evidence in support of the issue on 
 either side, it was so impressed upon the minds of a 
 large number of Mexicans, that it was scarcely possible 
 to keep it out of the scales of justice. That it had great 
 weight in the discussions outside of the court is certain. 
 Whether the court was entirely free from its influence 
 remains doubtful. 
 
 It created so much excitement and discussion through 
 out Mexico, in connection with the fate of Maximilian, 
 that it was considered proper and convenient to include 
 it herein, so that the reader might not be compelled to 
 look elsewhere to obtain a correct idea of its tenor. 
 
 Neither was the treaty of Miramar adduced as evi 
 dence ; but it might have been an important feature, as 
 showing, in respect to the direct acts of French officers, 
 a want of criminal intention or injustice on the part of 
 the Emperor in connection therewith, when they shielded 
 themselves under that treaty in committing acts wholly 
 at variance with his wishes. 
 
 The laws, treaty, and correspondence referred to, are 
 the following: 
 
 PROCLAMATION OF H. M. THE EMPEROR. 
 
 "MEXICANS ! The cause which D. Benito Juarez de 
 fended with so much valor and constancy, has already 
 succumbed under the force, not only of the national 
 
238 MAXIMILIAN. 
 
 will, but also of the very law which that officer invoked 
 in support of his pretensions. To-day, even the faction 
 into which the said cause degenerated, is abandoned, by 
 the departure of its chief from the native soil. 
 
 "The National Government for a long time was 
 lenient, and exercised great clemency, in order to give 
 the chance to misled and misinformed men to rally to 
 the majority of the nation, and to place themselves anew 
 in the path of duty. It has fulfilled its object ; the 
 honorable men have assembled under its banner, and 
 have accepted the just and liberal principles which regu 
 late its politics. The disorder is only maintained by 
 some leaders carried away by unpatriotic passions, and 
 assisted by demoralized persons who cannot reach to the 
 level of political principles, and by an unprincipled sol 
 diery, the last and sad remnants of the civil wars. 
 
 " Hereafter the contest will only be between the hon 
 orable men of the nation and the gangs of criminals and 
 robbers. Clemency will cease now, for it would only 
 profit the mob, who burn villages, rob and murder peace 
 ful citizens, poor old men, and defenceless women. 
 
 " The Government, resting on its power, from this day 
 will be inflexible in its punishments, since the laws of 
 civilization, the rights of humanity, and the exigencies 
 of morality demand it. 
 
 " MAXIMILIAN. 
 
 "MEXICO, October 3d, 1865." 
 
 " MAXIMILIAN, Emperor of Mexico. Having heard our 
 Council of Ministers and our Council of State, We De 
 cree : 
 
 "ART. 1. All persons belonging to armed bands or 
 corps not legally authorized, whether they proclaim or 
 not any political principles, and whatever be the number 
 of those who compose the said bands, their organiza 
 tion, character, and denomination, shall be tried niili- 
 
MAXIMILIAN. 239 
 
 tarily by the courts-martial, and if found guilty even 
 of the only fact of belonging to the band, they shall be 
 condemned to capital punishment within twenty-four 
 hours following the sentence. 
 
 " ART. 2. Those who, belonging to the bands men 
 tioned in the previous article, shall be captured with 
 arms in their hands, shall be tried by the officer of the 
 force which has captured them ; and he shall, within a 
 delay never extending over twenty-hours after the said 
 capture, make a verbal inquest of the offence, hearing 
 the defence of the prisoner. Of this inquest he shall 
 draw an act, closing with the sentence, which must be 
 to capital punishment, if the accused is found guilty, 
 even if only of the fact of belonging to the band. The 
 officer shall have the sentence executed within the twenty- 
 four hours aforesaid, seeing that the criminal receive 
 spiritual assistance. The sentence having been executed, 
 the officers shall forward the act of inquest to the Min 
 ister of War. 
 
 "ART. 3. From the penalty established in the pre 
 ceding Articles, shall only be exempted those who, hav 
 ing done nothing more than being with the band, will 
 prove that they were made to join it by force, or did 
 not belong to it, but were found accidentally in it. 
 
 "ART. 4. If, from the inquest mentioned in Article 
 2d, facts are elicited which induce the officer holding it 
 to believe that the prisoner was made to join the band 
 by force, without having committed any other crime, or 
 that he was found accidentally in it, without belonging 
 to it, the said officer shall abstain from passing sentence, 
 and he shall send the accused, with the respective act of 
 inquest, to the proper court-martial, in order that the 
 trial be proceeded with by the latter, in conformity with 
 Article 1st. 
 
 "ART. 5. Shall be tried and sentenced conformably 
 with Article 1st of this law: 
 
240 MAXIMILIAN. 
 
 " 1. All those who will voluntarily assist the guernlle- 
 ros with money or any other means whatever. 
 
 " 2. Those who will give them advice, information, 
 or counsels. 
 
 "3. Those who voluntarily, and knowing that they 
 are guerrilleros, will put within their reach or sell them 
 arms, horses, ammunition, subsistence, or any articles of 
 war whatever. 
 
 " ART. 6. Shall be also tried conformably with the 
 said Article 1 st : 
 
 " 1. Those who will hold with the guerrilleros such 
 relations as infer connivance with them. 
 
 " 2. Those who voluntarily and knowingly will con 
 ceal them in their houses or estates. 
 
 " 3. Those who, by words or writing, will spread 
 false or alarming reports, by which public order may bo 
 disturbed, or will make against it any kind of demon 
 stration whatever. 
 
 " 4. All owners or administrators of rural estates who 
 will not give prompt notice to the nearest authority of 
 the passage of some band through the same estates. 
 
 "Those included in paragraphs 1st and 2d of this 
 Article, shall be punished by imprisonment from six 
 months to two years, or by hard labor from one to 
 three years, according to the gravity of the case. 
 
 " Those who, being included in paragraph 2d, were the 
 ascendants, descendants, spouses, or brothers of the party 
 concealed by them, shall not suffer the penalty afore 
 said; but they shall remain subject to the vigilance of 
 the authorities during the time the court-martial will fix. 
 
 "Those included in paragraph 3d of this Article, 
 shall be punished by a fine of from $25 to $1,000, or 
 by imprisonment from one month to one year, accord 
 ing to the gravity of the offence. 
 
 "Those included in paragraph 4th of this Article, 
 shall be punished by a fine of from $200 to $2,000, 
 
MAXIMILIAN. 241 
 
 "ART. 7. The local authorities of the villages who 
 shall not give notice to their immediate superiors of 
 the passage through their villages of armed men, shall 
 be ministerially punished by the said superiors, by a 
 fine of from $200 to $2,000, or by seclusion from three 
 months to two years. 
 
 " ART. 8. Whatever resident of a village who, hav 
 ing information of the proximity or passage of armed 
 men by the village, shall not give notice of it to the au 
 thorities, shall suffer a fine of from $5 to $500. 
 
 "ART. 9. All residents of a village threatened by 
 any gang, who are between the ages of eighteen and 
 fifty-five years and have no physical disability, are 
 obliged to present themselves for the common defence, 
 as soon as called, and for failing to do so, they shall be 
 punished by a fine of from $5 to $200, or by imprison 
 ment of fifteen days to four months. If the authorities 
 think more proper to punish the village for not having 
 defended itself, they may impose upon it a fine of from 
 $200 to $2,000, and the said fine shall be paid by all 
 those together, who, being in the category prescribed 
 by this Article, did not present themselves for common 
 defence. 
 
 u ART. 10. All owners or administrators of rural es 
 tates, who, being able to defend themselves, will not 
 prevent the entrance in the said estates of c/uerrilleros or 
 other malefactors ; or, after these have entered, will not 
 give immediate information of it to the nearest military 
 authority; or will receive on the estates the tired or 
 wounded horses of the gangs, without notifying the said 
 authority of the fact, shall be punished for it by a fine 
 of $100, according to the importance of the case; and 
 if it is of great gravity, they shall be put in prison and 
 sent to the court-martial, to be tried by the latter con 
 formably with the law. The fine shall be paid to the 
 principal Administration of Rents, to which the estate 
 
 11 
 
242 .MAXIMILIAN. 
 
 belongs. The provision of the first part of this Article 
 is applicable to the populations. 
 
 e ART. 11. Whatever authorities, whether political, 
 military, or municipal, shall abstain from proceeding, 
 in conformity with the provisions of this law, against 
 parties suspected or known to have committed the of 
 fences provided for in said law, shall be ministerially 
 punished by a fine of from $50 to $1,000; and, if it ap 
 pears that the fault Avas of such nature as to import 
 complicity with the criminals, the said authorities shall 
 be submitted, by order of the Government, to the court- 
 martial, to be tried by the latter, and punished accord 
 ing to the gravity of the offence. 
 
 "ART. 12. Thieves shall be tried and sentenced in 
 conformity with Article 1st of this law, whatever may 
 be the nature and circumstances of the theft. 
 
 "ART. 13. The sentences of death, pronounced for 
 offences provided for by this law, shall be executed 
 within the delays prescribed in it ; and it is prohibited 
 that any demands for pardon be gone through. 
 
 " If the sentence is not of death, and the criminal is a 
 foreigner, even after its execution, the Government may 
 use toward him the faculty it has to expel from the ter 
 ritory of the nation all obnoxious strangers. 
 
 "ART. 14. Amnesty is granted to all those who 
 may have belonged and may still belong to armed bands, 
 if they present themselves to the authorities before the 
 fifteenth of November next ; provided they have not 
 committed any other offences subsequently to the date 
 of the present law. The authorities will receive the 
 arms of those who will present themselves to accept the 
 amnesty. 
 
 "ART. 15. The Government reserves the faculty to 
 declare when the provisions of this law will cease. 
 
 " Each one of our Ministers is charged with the exe 
 cution of this law in the part whicli concerns him, 
 
MAXIMILIAN. 243 
 
 and will give the necessary orders for its strict observ 
 ance. 
 
 " Given at the Palace of Mexico, on the 3d of Octo 
 ber, 1865. 
 
 " MAXIMILIAN. 
 
 " The Minister of Foreign Affairs, charged with the 
 Ministry of State. 
 
 "Josis E. RAMIREZ." 
 
 LAW OF JUAREZ. 
 " MINISTER OF GOVERNMENT : 
 
 " The Citizen President of the Republic has been 
 pleased to transmit me the decree winch follows : 
 
 " BENITO JUAREZ, Constitutional President of the 
 United States of Mexico, to its Inhabitants Know ye : 
 
 " That in use of the ample faculties with which I find 
 myself invested, I have decreed the following law to 
 punish crimes against the nation, against order, public 
 peace, and individual guaranties : 
 
 ART. I. Among the crimes against the independence 
 
 d security of the nation are comprised : 
 
 " 1st. The armed invasion of the territory of the Re 
 public by foreigners and Mexicans, or by the former 
 alone, not preceded by a declaration of war on the part 
 of the power to which they belong. 
 
 " 2d. The voluntary service of Mexicans in the for 
 eign troops of the enemy, whatever be the character in 
 which they accompany them. 
 
 " 3d. The invitation, made by Mexicans or by foreign 
 residents in the Republic, to subjects of other powers to 
 invade the national territory, or to change the form of 
 government which has been given to the Republic, what 
 ever may be the pretext under which it is done. 
 
 " 4th. Any kind of complicity to excite or prepare 
 the invasion, or to favor its realization and end. 
 
244 MAXIMILIAN. 
 
 " 5th. In case of an invasion being made, to contribute 
 in any manner by which, in the places occupied by the 
 invader, may be organized any shadow of a government, 
 voting, forming meetings, making laws, accepting em 
 ployment or commissions, be it from the invader him 
 self or from other persons delegated by him. 
 
 " AKT. 2. Among the crimes against the laws of na 
 tions, the punishment of which belongs to the nation to 
 impose, are comprehended : 
 
 " 1st. Piracy, and the traffic of slaves in the waters 
 of the Republic. 
 
 " 2d. The same crimes, although they may not be 
 committed in the same waters, if the criminals are Mex 
 icans, or if, in case of their being foreigners, they should 
 be legitimately consigned to the authorities of the 
 country. 
 
 " 3d. The attempt to take the lives of foreign Min 
 isters. 
 
 " 4th. To induce citizens of the Republic, without 
 the knowledge and license of the Republican Gov 
 ernment, to serve another power, or to invade its ter 
 ritory. 
 
 " 5th. To entice or invite citizens of the Republic to 
 unite with foreigners who intend to invade, or who may 
 have invaded the territory. 
 
 "ART. 3. Among the crimes against public peace 
 and order, are comprised : 
 
 " 1st. Rebellion against the political institutions, 
 whether proclaiming their abolition or reform. 
 
 " 2d. Rebellion against the legitimately established 
 authorities. 
 
 " 3d. To attempt to take the life of the supreme chief 
 of the nation, or that of the Ministers of State. 
 
 " 4th. To attempt to take the life of any of the Rep 
 resentatives of the nation, in the place of their sessions. 
 
 " 5th. A seditious rising up, denying any proper de- 
 
MAXIMILIAN. 245 
 
 cree of the authority, or asking that any particular law 
 may be issued, omitted, revoked, or altered. 
 
 " 6th. The formal disobedience of any authority, civil 
 or military, to the orders of the supreme magistrate of 
 the nation, transmitted through the channels which the 
 laws of the ordinance of tfilParmy may designate. 
 
 " 7th. Public riots and disturbances, caused intention 
 ally, with premeditation or without it, when they have 
 for their object disobedience or insults to the authori 
 ties, perpetrated by tumultuous meetings, with the in 
 tent to use force against any persons or the property of 
 any citizen ; contumelious shouting ; introducing one s 
 self violently into any public or private edifice ; tearing 
 down decrees from the places in which they are fixed 
 for the information of the people ; fixing in the same 
 places subversive proclamations or pasquinades, which 
 may in any manner incite the disobedience of any law 
 or governmental order, which may have been ordered 
 to be observed. In any of the cases referred to, to force 
 the prisons, to carry arms and distribute them, to ha 
 rangue the multitude, to ring the bells, and all those ac 
 tions manifestly directed to augment the tumult, will be 
 aggravating circumstances. 
 
 " 8th. To fix in any public place, to distribute and to 
 communicate openly and clandestinely a copy of any 
 true or false order which is directed to impede the ful 
 filment of any supreme order. To order such publica 
 tions made, and to co-operate with those that may be 
 made, recalling their contents in places where people are 
 assembled, or to clothe them in oifensive and disrespect 
 ful expressions against the authorities. 
 
 " 9th. Breaking out of prison, or place of exile or con 
 finement, in which may have been placed by legitimate 
 authority any citizen of the Republic, or the violation 
 of the banishment imposed on those who are not citi 
 zens; as well as military men, who absent themselves 
 
246 MAXIMILIAN. 
 
 from their quarters, station, or residence, which may 
 have been designated by competent authority. 
 
 "10th. To assume the supreme power of the nation ; 
 that of the States or Territories ; that of the districts, 
 partidos, and municipalities, acting by their own author 
 ity, or by commission from that authority which may 
 not be legitimate. 
 
 " llth. Conspiracy, which is the act of a few or many 
 persons uniting together, with the object of opposing 
 obedience to the laws or the fulfilment of the orders of 
 the recognized authorities. 
 
 "12th. Complicity in any of the aforesaid crimes, by 
 concurring in their perpetration in an indirect mode, by 
 aiding in giving information to the enemies of the nation 
 or Government, especially if those who reveal said in 
 formation are public employees; by administering re 
 sources to the seditious persons or foreign enemy, 
 whether of arms, provisions, money, baggage, or imped 
 ing those which the Government may have ; by serving 
 the same enemies as spies, post-carriers, or agents of any 
 kind, the object of which may be to favor their under 
 taking or those of the invaders, or that the disturbers 
 of the public tranquillity may realize their plans by 
 spreading alarming and false news, or which may 
 weaken public enthusiasm by surmising facts contrary 
 to the honor of the Republic, or comments on them in a 
 manner disfavorable to the interests of the country. 
 
 " ART. 4. Among the crimes against individual guar 
 anties are comprised : 
 
 " 1st. Plagiarism of the citizens or inhabitants of the 
 Republic, in order to require them to pay a ransom. 
 The sale, which may be made of them, or the forced let 
 ting of their services or work. 
 
 " 2d. Violence exercised against persons with the ob 
 ject of disposing of their goods and rights, which legiti 
 mately constitute their property. 
 
MAXIMILIAN. 247 
 
 " 3d. The attack, by armed hand, on said persons in the 
 cities or uninhabited places, although the capture of said 
 persons or their goods may not result through such attack. 
 
 "ART. 5. Every citizen of the Republic has the right 
 to accuse, before the authority established by law to 
 judge the crimes by it expressed, any individual who 
 may have committed any of said crimes. 
 
 "ART. 6. The respective military authority is the 
 only one competent to try the crimes specified in this \ 
 law ; for that effect, as soon as said authority has know- ^ 
 ledge that any of said crimes have been committed, 
 whether by public notoriety, by complaint or accusa- \ 
 tion, or by any other manner, it will proceed to make } 
 the proper examination according to the General Ordi 
 nance of the Army, and the Law of the 15th of Septem- j 
 ber, 1857; and the cause, when stated, will be adjudi- 
 cated before the Ordinary Council of War, whatever I 
 may be the category, employment, or commission of the \ 
 person prosecuted. In places where there are no mili 
 tary commanders, or generals-in-chief, the governors of 
 the States will act in their stead. 
 
 " ART. 7. The procedure will be prepared ready for 
 the defence by the Fiscal within sixty hours ; and in the 
 space of twenty-four thereafter the defence will be com 
 pleted: then the Council of War will immediately as 
 semble. 
 
 " ART. 8. Whenever a sentence of the Ordinary Coun 
 cil of War shall have been confirmed by the respective 
 military commander, general-in-chief, or governor, as 
 the case may be, it will be executed immediately with 
 out further recourse, and as is provided for in time of 
 war or in a state of siege. 
 
 " ART. 9. In crimes against the nation, order, the pub 
 lic peace, and individual guaranties, which have been 
 specified in this law, an appeal for pardon is not ad 
 missible. 
 
248 MAXIMILIAN. 
 
 "Airr. 10. The military Asesors, appointed by the 
 Supreme Government, will necessarily be present in the 
 Ordinary Council of War, as is provided in the Law of 
 the 15th of September, 1857, in order to give his opinion 
 to the members of said Council of War. The judgment 
 which they may give to the military commanders, 
 generals-in-chief, or governors, legally founded, must be 
 executed in conformity with the circular of the 6th of 
 October, 1860, since the necessary Asesors are, in fact, 
 responsible for the advice which they may give. 
 
 "ART. 11. The Generals-in-chief, Military Command 
 ers, or Governors, on whom is incumbent the exact ful 
 filment of this law, and their Asesors, will be person 
 ally responsible for any omission they should incur by 
 their action in the national service. 
 
 PENALTIES. 
 
 "ART. 12. The invasion made into the territory of 
 the Republic, which is spoken of in Fraction 1, Art. 1, 
 of this law, and the service of Mexicans among foreign 
 troops of the enemy, which are spoken of in Fraction 2, 
 will be punished with the penalty of death. 
 
 "ART. 13. The invitation made to invade the territory, 
 which is spoken of in Fractions 3 and 4 of Art. 1, will 
 be punished with the penalty of death. 
 
 "ART. 14. The captains of vessels engaged in piracy 
 or the commerce of slaves, spoken of in Fractions 1 and 
 2 of Art. 2, will be punished with the penalty of death; 
 the other individuals of the crew will be condemned to 
 hard labor for the term of ten years. 
 
 "ART. 15. Those who shall invite or decoy citizens 
 of the Republic for the ends expressed in Fractions 
 4 and 5 of Art. 2, will suffer the penalty of five years 
 imprisonment : if the deception or invitation should be 
 made in order to invade the territory of the Republic, 
 the penalty will be death. 
 
.MAXIMILIAN. 249 
 
 "ART. 16. Those who shall attempt to take "the life 
 of the Supreme Chief of the nation, wounding him in 
 any manner, or only threatening him with arms, will 
 suffer the penalty of death. If the threat is without 
 arms, and it is done in public, the penalty will be eight 
 years imprisonment ; if it is done by private acts, the 
 penalty w T ill be seclusion for four years. 
 
 "ART. 17. Those who shall attempt to take the life 
 of the Ministers of State, or that of the Foreign Min 
 isters, with a knowledge of their rank, and should 
 wound them, shall suffer the penalty of death ; and if 
 they should only threaten with arms, the penalty shall 
 be ten years imprisonment. It being understood al 
 ways, that said Ministers have not been the first ag 
 gressors in fact, because in such cases the crime shall be 
 considered and adjudged according to the common laws 
 on quarrels. 
 
 " ART. 18. The attempt against the life of the Repre 
 sentatives of the nation, which is spoken of in Fraction 
 4 of Art. 2, shall be punished with the penalty of death, 
 provided the Representative be wounded ; if he should 
 only be threatened with arms, the penalty shall be from 
 five to eight years imprisonment, according to the dis 
 cretion of the judge : it being understood always, that 
 the said Representative may not have been the first 
 aggressor, in Avhich case the crime will be considered 
 and adjudged in conformity with the common law on 
 quarrels. 
 
 "ART. 19. The crimes which are spoken of in Frac 
 tions 1, 2, and 5 of Art. 3, shall be punished with the 
 penalty of death. 
 
 " ART. 20. The formal disobedience, which is spoken 
 of in Fraction 6 of Art. 3, shall be punished with the loss 
 of employment and salary, which the guilty party may 
 obtain, and four years hard labor ; provided always that 
 by such disobedience no losses should have resulted to 
 
 11* 
 
250 MAXIMILIAN. 
 
 the nation, in which case it will be taken in account to 
 augment the punishment, at the discretion of the judge. 
 
 "ART. 21. Those who prepare the public riots and 
 disturbances, spoken of in Fraction 7 of Art. 3, and 
 those who join them, on the terms expressed in said 
 fraction, or other similar ones, shall suffer the penalty 
 of ten years imprisonment, or of death, in case aggra 
 vating circumstances should occur, referred to at the 
 end of said fraction, being besides liable to respond with 
 their property for the damages which individually they 
 may have caused. 
 
 ART. 22. Those who may have committed the crimes 
 spoken of in fraction 8 of Art. 3d will suffer the penalty 
 of six years imprisonment. 
 
 ART. 23. Those who escape from imprisonment, to 
 which they may have been reduced by legitimate au 
 thority, shall suffer double the term of their penalty ; 
 and if a second time repeated, punishment of death shall 
 be inflicted ; which shall in like manner be applied to 
 foreigners who, once expelled from the national territory, 
 should return without permission of the Supreme Gov 
 ernment. Military men absenting themselves from the 
 barracks, place of employment, or residence, which may 
 have been designated for them, shall suffer the loss of 
 their employment and four years imprisonment. 
 
 "ART. 24. Those who assume the public powers, spoken 
 of in Fraction 10 of Art. 3d, shall suffer the penalty of 
 death. 
 
 " ART. 25. The crime of conspiracy, spoken of in frac 
 tion 11 of Art. 3d, shall be punished with the penalty 
 of death. 
 
 "ART. 26. Those who, in the perpetration of the 
 crimes spoken of in Fraction 12 of Art. 3d, by aid 
 ing in giving news to the enemies of the nation or Gov 
 ernment, by furnishing resources to the seditious or to 
 the foreign enemy, whether of arms, provisions, money, 
 
* UMIV . / 
 
 251 
 
 baggage, or by impeding their possession by the author 
 ities ; or by serving the enemies as spies, mail-carriers, 
 guides, or as agents of any class whatever, the object 
 of which should be to favor the undertaking of said per 
 sons, or of the invaders, shall suffer the death penalty. 
 Those who shall spread false or alarming news, or shall 
 weaken public enthusiasm, by surmising facts contrary to 
 the honor of the Republic, or commenting in a disfavor- 
 able manner on the interests of the country, shall suffer 
 the penalty of eight years imprisonment. 
 
 " ART. 27. Those who commit the crimes specified in 
 fractions 1, 2 and 3 of Art. 4th, shall suffer the penalty 
 of death. 
 
 ART. 28. The criminals who shall be caught in fla- 
 grante delicto in any action of the war, or who shall 
 have committed those crimes specified in the foregoing 
 article, shall be identified, and they shall be immediately 
 executed. 
 
 GENERAL DISPOSITIONS. 
 
 " ART. 29. The receivers of stolen property in unin 
 habited places shall suffer the penalty of death ; those 
 offending in like manner in populated places shall be 
 punished by six years hard labor. 
 
 " ART. 30. The individuals who have in their posses 
 sion munition arms, and shall not have delivered them 
 according to the disposition contained in the decree of 
 the 25th of last month, if they do not give them up 
 within eight days after the publication of the present 
 law shall, in case of their being Mexicans, be treated as 
 traitors, and as such shall receive the punishment of 
 death ; but if they are foreigners, they shall be impris 
 oned for ten years. 
 
 "ART. 31. The chiefs and officers of the National 
 Guard who may have been called into service by virtue 
 of this law, shall receive their pay from the Federal 
 
252 MAXIMILIAN. 
 
 treasury during the time of the commission which may 
 have been given them. 
 
 " Wherefore, I order that this law be printed, published, 
 and observed. 
 
 " National Palace of Mexico, the twenty-fifth day of 
 January, one thousand eight hundred and sixty-two. 
 
 " BENITO JUAREZ. 
 " To Citizen MANUEL DOLLADO, 
 
 " Minister of Relations and Government" 
 
 TREATY OF MIRAMAR 
 
 " Napoleon, by the grace of God and the national 
 will, Emperor of the French, to all who shall see these 
 presents, Greeting : 
 
 " A convention, followed by additional secret articles, 
 was concluded on the 10th of April, 1864, between 
 France and Mexico, for the purpose of regulating the 
 condition of the French troops stationed in Mexico. 
 
 CONVENTION" AND ADDITIONAL SECRET ARTICLES, THE 
 TENOR OF WHICH IS AS FOLLOWS: 
 
 " The Governments of H. M. the Emperor of Mexico, 
 and of H. M. the Emporor of the French, animated by 
 an equal desire to assure the establishment of order in 
 Mexico, and consolidate the new Empire, have resolved 
 to regulate, by means of a convention, the condition of 
 the French troops stationed in that country, and for 
 that purpose have appointed as their plenipotentiaries : 
 H. M. the Emperor of the French, M. Charles Franyois 
 Edouard Herbert, Minister Plenipotentiary of the first 
 class, Councillor of State, Director in the Ministry for 
 Foreign Affairs, Grand Officer of His Imperial Order of 
 the Legion of Honor, etc., etc. ; H. M. the Emperor of 
 Mexico, M. Joaquin Velazquez de Leon, His Minister of 
 State without the portfolio (sans porte-feuille\ , Grand 
 
MAXIMILIAN. 253 
 
 Officer of the distinguished Order of Our Lady of 
 Guadalupe, etc. etc. 
 
 " Who, after mutually communicating their full and 
 written powers, found in good and due form, have agreed 
 upon the following articles : 
 
 " ART. 1. The French troops actually in Mexico shall 
 be reduced as soon as possible to a strength of 25,000 
 men, including the foreign legion. 
 
 " In order that the army may serve as a safeguard to 
 the interests which have caused the Intervention, it will 
 remain in Mexico temporarily, under the conditions 
 stipulated in the following articles : 
 
 " ART. 2. The French troops will evacuate Mexico as 
 soon as the Emperor of Mexico shall be able to organize 
 the necessary troops to replace them. 
 
 " ART. 3. The foreign legion in the service of France, 
 composed of 8,000 men, shall, however, remain in Mex 
 ico for the term of six years after all the French troops 
 are called home, in conformity with Article 2. 
 
 " The said legion will pass immediately into the ser 
 vice of the Mexican Government, and will be paid by 
 the same. The Mexican Government reserves to itself 
 the right to shorten the period during which it will em 
 ploy the foreign legion in Mexico. 
 
 " ART. 4. The points of territory which will be occu 
 pied by the French troops, as well as the military ex 
 peditions of these troops, if they take place, shall be 
 determined by common accord, and directly between 
 H. M. the Emperor of Mexico and the Commander-in- 
 chief of the French army. 
 
 " ART. 5. In all points where the garrison is not ex 
 clusively composed of Mexican troops, the military com 
 mand will belong to the French commander. 
 
 "In case of combined French and Mexican expe 
 ditions, the command shall likewise appertain to the 
 French officer. 
 
254 MAXIMILIAN. 
 
 " ART. 6. The French commander shall have no right 
 to intervene in any branch of the Mexican Administra 
 tion. 
 
 "ART. 7. During the time the requirements of the 
 French army necessitate every two months a service of 
 transports between France and the port of Vera Cruz, 
 the expenses of such service, fixed at the sum of 400,000 
 francs for every voyage (going out and returning), shall 
 be reimbursed by the Mexican Government, and paid in 
 Mexico. 
 
 "ART. 8. Ths naval stations which France possesses 
 in the West Indies and in the Pacific Ocean shall fre 
 quently send men-of-war carrying the French flag into 
 the ports of Mexico. 
 
 " ART. 9. The expenses of the French expedition to 
 Mexico, which the Mexican Government is obligated to 
 reimburse, have been fixed at the sum of two hundred 
 and seventy millions for the whole duration of the ex 
 pedition until the 1st of July, 18G4. Said sum to bear 
 interest at the rate of three per cent, per annum. After 
 the 1st of July, 1864, all expenses of the Mexican army 
 will be defrayed by Mexico. 
 
 " ART. 10. The indemnity which the Mexican Gov 
 ernment obligates itself to pay to France for expenses, 
 salaries, keeping and maintaining the troops of the army, 
 commencing on the 1st of July, 1864, is fixed at the 
 sum of one thousand francs for every man per annum. 
 
 " ART. 11. The Mexican Government w r ill immediately 
 remit to the French Government the sum of sixty-six 
 millions francs in bonds of the loan at their emission 
 value, and of which amount will be applied fifty-four 
 millions on account of the debt mentioned in Art. 9, 
 and twelve millions on account of indemnities due to 
 the French in virtue of Art. 14 of the present conven 
 tion. 
 
 "ART. 12. For the payment of other war expenses 
 
MAXIMILIAN. 255 
 
 and for the extinction of the charges mentioned in Art. 
 Y, 10, and 14, the Mexican Government binds itself to 
 pay annually to France the sum of 25 millions in cash. 
 
 The payment shall be applied as follows : 
 
 1st. Towards liquidating sums due in virtue of Art. 
 7 and 10. 
 
 2d. Paying off amount of interest and capital of the 
 sum, as stipulated in Art. 9. 
 
 3d. For indemnities due to French subjects, in virtue 
 of Art. 14 and the following: 
 
 "ART. 13. The Mexican Government will deliver in 
 Mexico, on the last day of every month, to the Paymas 
 ter-General of the army, the necessary sum to cover the 
 expenses of the French troops who shall have remained 
 in Mexico, in conformity with Art. 10. 
 
 "ART. 14. The Mexican Government binds itself to 
 indemnify French subjects for losses which they unjustly 
 may have sustained, and which may have been caused 
 by the expedition. 
 
 "ART. 15. A mixed commission, composed of three 
 Frenchmen and three Mexicans, nominated by their re 
 spective governments, shall meet at Mexico within three 
 months, for the purpose of examining into and regulating 
 those reclamations. 
 
 "ART. 16. A revising commission, composed of two 
 Frenchmen and two Mexicans, appointed in the same 
 manner, and who will reside in Paris, shall proceed with 
 the definite liquidation of the reclamations previously 
 admitted by the commission as designated in the last 
 article, and will pronounce upon those submitted to their 
 decision. 
 
 ART. 17. The French Government will place at liberty 
 all Mexican prisoners of war, as soon as H. M. the Em 
 peror of Mexico shall have entered his States. 
 
 "ART. 18. The present convention shall be ratified, 
 and the ratifications exchanged as soon as possible. 
 
256 MAXIMILIAN/ 
 
 " Given at the Palace of Miramax 1 , on the 10th of 
 April, 1864. 
 
 (Signed) " VELAZQUEZ, 
 
 " HERBERT." 
 
 To this treaty have been added the following three 
 secret clauses, which are conceived in the following 
 terms : 
 
 ADDITIONAL SECRET ARTICLES. 
 
 " II. M. the Emperor of the French and H. M. the 
 Emperor of Mexico, desiring by additional secret clauses 
 to this Convention, to explain in a complete manner their 
 reciprocal intentions, and to clearly stipulate that, not 
 withstanding the events that might arise in Europe, the 
 assistance of France will be given to the new Empire, 
 have appointed for that purpose as their plenipotentia 
 ries, namely : H. M. the Emperor of the French, M. 
 Charles Frai^ois Edouard Herbert, etc., etc. ; and H. 
 M. the Emperor of Mexico, M. Joaquin Velazquez de 
 Leon, etc., etc. ; who, after mutually communicating 
 their full and written powers, found in good and due 
 form, have agreed upon the following articles, viz. : 
 
 "ART. 1. H. M. the Emperor of Mexico, approving of 
 the principles and promises as set forth in the proclama 
 tion of General Forey, dated June 12, 1863, as well as 
 of the measures adopted by the Regency and by the 
 French General-in-chief in conformity with said procla 
 mation, has resolved to make known to his people his 
 intentions regarding the same. 
 
 " ART. 2. On the other hand, H. M. the Emperor of 
 the French declares that the actual effective force of the 
 French army of 38,000 men shall, gradually only, be 
 reduced every year, in such a manner that the French 
 troops who will remain in Mexico, and inclusive of the 
 Foreign Legion, shall be : 
 
MAXIMILIAN. 257 
 
 "28,000 men in 1865; 
 25,000 do. 1866; 
 20,000 do. 1867. 
 
 " ART. 3. As soon as the Foreign Legion, in conformi 
 ty with the terms of Art. 3 of said Convention, passes 
 into the service of Mexico, and is paid by it, as said 
 Legion will continue to serve a cause in which France 
 is interested, the general and the officers serving therein 
 shall retain their nationality of Frenchmen, and their 
 rights to advancement in the French army, according to 
 the law. 
 
 "Given at the Palace of Miramar, on the 10th of 
 April, 1864. 
 
 (Signed) " HERBERT, 
 
 " VELAZQUEZ." 
 
 " After perusal and examination of this Convention, 
 accompanied by additional secret articles, we have ap 
 proved and do herewith approve it, in all and every one 
 of the dispositions which they contain. We declare the 
 same accepted, ratified, and confirmed, and promise its 
 inviolable observance. 
 
 " In virtue of which, we give the present, signed by 
 our own hand, and to which is affixed our Imperial seal. 
 
 " Given at the Palace of the Tuileries, on the llth of 
 
 April, of the year of grace, 1864. 
 
 " NAPOLEON. 
 
 " By the Emperor, 
 
 " DROUYN DE LHUYS." 
 
 " NEW ORLEANS, April 6th, 1867. 
 "SiR: 
 
 " For reasons which are doubtless well understood 
 by you, it has not been in my power to present formerly 
 to His Excellency, President Juarez, my letters of cre 
 dence as Envoy Extraordinary and Minister Plenipoten- 
 
25 8 MAXIMILIAN. 
 
 tiary of the United States to the Republic of Mexico. 
 The instructions of October last, under which I started 
 on my mission, gave me a discretionary power in a cer 
 tain contingency to establish my official residence tem 
 porarily at any place in the United States, or elsewhere 
 near the frontier or coast of Mexico. For causes not 
 necessary herein to be explained, I left Matamoras and 
 came to this city in December last, since which time, 
 under instructions from the Secretary of State, it has 
 been the place of my official abode. The Government 
 of the United States has observed with much satisfac 
 tion the withdrawal of the French expeditionary forces 
 in Mexico, and the advance of the armies of the Consti 
 tutional Government toward the Capital of the Republic. 
 This satisfaction has been recently disturbed by the re 
 ports it has received in regard to the severity practised 
 on the prisoners of war taken by your armies at Zaca- 
 tecas. Its fears, too, have been thereby excited that in 
 the event of the capture of the Prince Maximilian, and 
 the forces under him, this severity might be repeated. 
 I have this day received by telegraph a dispatch from 
 the Secretary of State, instructing me to express to His 
 Excellency, President Juarez, these apprehensions in 
 the most expeditious manner. Therefore, I communi 
 cate them by special bearer of dispatches. The Govern 
 ment of the United States has sincerely sympathized 
 with the Republic of Mexico, and feels a deep interest 
 in its success. But I have to express the belief that a 
 repetition of the reported severities referred to, would 
 shock its sensibilities and check the current of its sym 
 pathies. It is believed that such acts to prisoners of 
 war as are reported, cannot elevate the character of the 
 Mexican States in the estimation of civilized people, and 
 may tend to bring into disrepute the cause of Repub 
 licanism, and retard its progress everywhere. The Gov 
 ernment instructs me to make known to President Jua- 
 
MAXIMILIAN. 259 
 
 rez, promptly and earnestly, its desire, that in case of 
 the capture of the Prince Maximilian, and his supporters, 
 that they may receive the humane treatment accorded 
 by civilized nations to prisoners of war. I have the 
 honor to be, very respectfully, 
 
 " Your Excellency s most obedient servant, 
 "LEWIS D. CAMPBELL. 
 
 " To his Excellency S. Lerdo D. Tejada, 
 Minister of Foreign Affairs of the 
 United Mexican States, San Luis Po- 
 tosi, Mexico. 
 
 " SAN Luis POTOSI, MEXICO, April 22cl, 1867. 
 
 " SIK : I had the honor, yesterday, to receive the com 
 munication which you sent me from New Orleans on 
 the 6th inst. You were pleased to inform me in it that, 
 for reasons which are understood, you have not come to 
 present your credentials as Envoy Extraordinary and 
 Minister Plenipotentiary of the United States of America, 
 near the Republic of Mexico, and that you have re 
 mained in New Orleans since December last. The 
 Government of the Republic regrets that those reasons 
 should have prevented you from coming to present your 
 credentials in order to commence your official relations, 
 since it would be very satisfactory for the Government 
 to receive you in your character as representative of the 
 United States. 
 
 " You were also pleased to inform me that the satis 
 faction with which the Government of the United States 
 had seen the withdrawal of the French forces from Mex 
 ico, and the advance of the armies of the Constitutional 
 Government toward the Capital, has been disturbed by 
 information received concerning the severity with which 
 the prisoners of war taken at San Jacinto were treated. 
 You also mentioned that it was the desire of the Gov- 
 
2GO MAXIMILIAN. 
 
 eminent of the United States that, in case Maximilian 
 and his partisans were captured, they should be treated 
 humanely as prisoners of war. 
 
 " The enemies of the Republic, desiring to produce an 
 unfavorable impressio n concerning the same, have en 
 deavored to falsify the facts and spread inaccurate infor 
 mation as to the care of the prisoners of San Jacinto. 
 The greater part of them, a considerable number, were 
 pardoned, and the punishment which the chief of the 
 Republican forces meted out to some of them was upon 
 the ground that they were not simply prisoners of war, 
 but violators of the law of nations and the laws of 
 the Republic. They had abandoned themselves to all 
 kinds of excesses and crimes in the city of Zacatecas, 
 because they were fighting like filibusters, without coun 
 try, without flag, and as mercenaries paid to shed the 
 blood of Mexicans, who defend their independence and 
 their institutions. 
 
 " No small number of those foreigners taken at San 
 Jacinto were conducted to Zacatecas, where they have 
 been treated with much benevolence ; and those taken in 
 Jalisco have been treated in the same manner, whose 
 acts had not so many aggravating circumstances of 
 especial culpability. 
 
 "The invariable conduct of the Government of the 
 Republic, and that which the chiefs of its forces have 
 observed generally, has been to respect life, and to treat 
 with the greatest consideration the prisoners taken from 
 the French forces; while on their part, and even by 
 order of their chiefs, the prisoners which they took from 
 the Republican forces were frequently assassinated. 
 Many times, without the obligation of exchange, prison 
 ers taken from the French forces have been generously 
 set at liberty. 
 
 " Many of the principal chiefs of the French forces or- 
 
MAXIMILIAN. 2G1 
 
 dered entire towns to be burnt down; others were deci 
 mated by what were called court-martials ; and some 
 times, for a simple suspicion, without the appearance of 
 a trial, they killed defenceless and aged persons who 
 were unable to bear arms against them. Notwithstand 
 ing this, the Government of the Republic and the com 
 mander of its forces, generally, far from exercising the 
 right of reprisals, as they were provoked to do, have 
 always observed the most humane conduct, giving con 
 stant examples of the greatest generosity. In this man 
 ner the Republican cause of Mexico has excited the 
 sympathies of all civilized nations. 
 
 " The French forces having retired, Archduke Max 
 imilian has desired to continue to shed unfruitfully the 
 blood of Mexicans. With the exception of three or 
 four cities governed by force, he has seen the entire 
 Republic rise against him. Notwithstanding this, he 
 has desired to continue the work of desolation and ruin 
 of civil war without an object, being surrounded by men 
 most known by their spoliations and grave assassina 
 tions, and the most stigmatized with the misfortunes of 
 the Republic. 
 
 " In case these should be captured, persons on whom 
 rest such responsibilities, it does not appear that they 
 should be considered as mere prisoners of war; for 
 those are responsibilities defined by the law of nations 
 and the laws of the Republic. The Government, which 
 has given numerous proofs of its humane principles and 
 of its sentiments of generosity, is also obliged to con 
 sider, according to the circumstances of the cases, what 
 the principles of justice demand, and the duties which it 
 has to fulfil for the welfare of the Mexican people. 
 
 "The Government of the Republic hopes that with 
 the justification of its acts it will preserve the sympa 
 thies of the people and of the Government of the United 
 
2G2 -MAXIMILIAN. 
 
 States, who have been and are held in the highest esti 
 mation by the Government of Mexico. 
 " I have the honor to be 
 
 " Your Excellency s very respectful 
 
 " and very obedient servant, 
 " SEBASTIAN LERDO DE TEJADA. 
 
 " To His Excellency LEWIS D. CAMPBELL, 
 Envoy Extraordinary and Minister 
 Plenipotentiary of the United States, 
 New Orleans." 
 
 It was contended in behalf of Maximilian that the 
 law decreed by President Juarez on the 25th of Janu 
 ary, 18G2, is in conflict with the Constitution of the Re 
 public, adopted February 12th, 1857, which is, and has 
 been since that d&te, in force with the Republican 
 party. 
 
 It will require no very deep rellection to determine 
 that the position assumed by the defendant was correct. 
 
 On the 7th of June, 1861, the Mexican Congress 
 passed an Act, entitled, " Relative to the Suspension of 
 Guaranties for the present" wherein it was declared 
 that certain specified articles and parts of articles were 
 suspended. In that Act no mention is made of Articles 
 23, 29, 97, nor 101. 
 
 The 10th Article of that law declares that "The 
 suspension of these guaranties shall continue for the 
 term of six months." 
 
 The said Article 23d declares that capital punishment 
 for political crime is abolished, and can be extended 
 only to the traitor to the country during a foreign war, 
 the highway robber, the murderer, persons committing 
 crimes under the military law, and to pirates. 
 
 The 97th Article says, that "The courts of the Feder 
 ation have cognizance of all questions arising concerning 
 
MAXIMILIAN. 263 
 
 the fulfilment and application of the Federal laws. Of 
 those questions in which the Federation may be a party." 
 
 Article 101 is as follows : "The tribunals of the Fed 
 eration shall decide all controversies which arise : 
 
 " I. Upon laws or acts of whatever authority which 
 violate individual guaranties. 
 
 " Upon laws or acts of the Federal authorities which 
 violate or restrain the sovereignty of the States." 
 
 One of the striking features of a Republic, is a division 
 of the powers of government, so that the rights of the 
 people may not be subject to the will of any onejndir_ 
 vidual, or one body of persons. The wisdom of the 
 framers of the Constitution of the United States pro 
 vided that the division of governmental functions should 
 be into three parts, legislative, judicial, and executive ; 
 and that each within its respective sphere should be in 
 dependent. Mr. Justice Blackstone said, where the 
 right of making and enforcing laws is vested in the 
 same man, there can be no public liberty. It is very 
 apparent that the liberties of the people would be in 
 jeopardy if any one or two divisions of government 
 could enlarge their own constitutional powers, or lessen 
 those of a co-ordinate branch. The people only can 
 make that change, and in the manner prescribed by the 
 Constitution. 
 
 The Republic of Mexico followed the example of the 
 United States in the division of its powers of govern 
 ment. In fact, in its organic basis it has expressed that 
 division as clearly as human language is capable of 
 doing. And in speaking of the three powers, it says 
 that " No two of those powers can ever be united in one 
 person or corporation, nor the legislative power be de 
 posited in one individual." It would be difficult to sug 
 gest how the executive of a government thus consti 
 tuted could assume legislative functions with any ap 
 pearance of honesty. 
 
264 MAXIMILIAN. 
 
 Under the head, " Of the Executive Power," Section 
 II., Article 85, the powers and obligations of the Presi 
 dent are defined as follows : 
 
 " 1. To promulgate and execute the laws made by the 
 Congress of the Union, ordaining, in the administrative 
 sphere, their exact observance. 
 
 " 2. To nominate and remove at will the secretaries 
 of departments, to remove the diplomatic agents and 
 the higher employees of the treasury, and to appoint 
 and remove at will the other employees of the Union 
 whose appointments or removals are not determined in 
 any other manner in the Constitution or the laws. 
 
 " 3. To appoint ministers, diplomatic agents, and 
 consuls, with the approbation of Congress, or, in its re 
 cess, of the permanent deputation. 
 
 " 4. To appoint, with the approbation of Congress, 
 colonels, and other superior officers of the national army 
 and navy, and the superior employees of the treasury. 
 
 " 5. To appoint the other officers of the national army 
 and navy, according to the laws. 
 
 " 6. To dispose of the permanent armed force, both 
 on land and on the sea, for the internal security and ex 
 ternal defence of the Federation. 
 
 " 7. To dispose of the National Guard for the same 
 purpose, in the manner prescribed in clause 20 of Article 
 72. 
 
 u 8. To declare war in the name of the United States 
 of Mexico, according to the law of the Congress of the 
 Union previously enacted. 
 
 " 9. To grant letters of marque, subject to the rules 
 ordained by Congress. 
 
 " 10. To direct diplomatic negotiations, and to cele 
 brate treaties with foreign powers, submitting them to 
 the ratification of the Federal Congress. 
 
 "11. To receive Ministers and other Envoys from 
 foreign powers. 
 
MAXIMILIAN. 265 
 
 " 12. To call extraordinary sessions of Congress, when 
 the permanent deputation shall consent thereto. 
 
 "13. To give to the judicial power all necessary as 
 sistance for the dispatch of their functions. 
 
 " 14. To create all ports of entry, to establish ma 
 rine and frontier custom-houses, and to designate their 
 locality. 
 
 " 15. To grant, according to the laws, pardons to 
 criminals sentenced for crimes within the jurisdiction of 
 the Federal tribunals. 
 
 Art, 86. To expedite the business of the administra 
 tive branch of the Federation, there shall be a sufficient 
 number of secretaries named by a law of Congress, 
 which law shall designate the business incumbent upon 
 each secretary. 
 
 "Art. 87. In order to be a secretary of a department, 
 it is required to be a Mexican citizen by birth, to be in 
 the exercise of his rights, and to be twenty-five years of 
 age. 
 
 "Art. 88. All the regulations, decrees, and orders of 
 the President shall be issued under the signature of the 
 secretary of the department to which the business ap 
 pertains : without this requisite they will not be obeyed. 
 
 "Art. 89. The secretaries of departments, as soon as 
 the first session is commenced, shall render an account 
 to Congress of the state of their respective branches. 
 
 Article 5 1 declares that " The exercise of the supreme 
 legislative power is deposited in an assembly, which shall 
 be styled the Congress of the Union. " 
 
 Under Art. 72, there are 32 sections, which contain the 
 specific powers of Congress. The last section, number 
 33, says that Congress has the power " To make all laws 
 that may be necessary and proper to carry out the 
 aforesaid powers, and all others conceded by this Con 
 stitution to the authorities of the Union." 
 
 Neither branch of government is vested by the Con- 
 12 
 
266 MAXIMILIAN. 
 
 gtitution with any special functions that conflict with 
 the division of powers under Title 3, Article 50. 
 
 The Constitution protects all persons in certain indi 
 vidual rights, such as those of carrying arms for personal 
 security; travelling through the territory without let 
 ters of security, and others therein mentioned. But in 
 time of war, or a disturbance of the public peace, those 
 individual guaranties maybe suspended, if public safety 
 require it. Article 29 provides for that suspension as 
 follows : 
 
 "In cases of invasion, serious perturbation of the 
 public peace, or any other events that place society in 
 imminent danger or conflict, only the President of the 
 Republic, conjointly with the council of ministers, and 
 with the approbation of the Congress of the Union, and 
 in the recess of Congress of the permanent deputation, 
 can suspend the guaranties granted in this Constitution, 
 always excepting those which guarantee the life of man; 
 but it shall be done for a limited time, by means of gen 
 eral laws, and such suspension shall not be to the preju 
 dice of any particular individual. If the suspension 
 should take place, Congress being in session, it (Con 
 gress) shall grant the powers it deems necessary, in 
 order that the executive may meet the exigencies of the 
 situation. Should the suspension take place during a 
 recess of Congress, it shall be summoned immediately, 
 in order to give its consent." 
 
 The Mexican government confounds the right to sus 
 pend certain rights with that of making laws. The di 
 visional lines of powers are great monuments of govern 
 mental functions that cannot be changed unless by an 
 amendment, as provided in the Constitution. 
 
 It^ h as been_he_ld by the Mexicans, that in time of war 
 the Constitution loses its force and vigor. And yet 
 they invoke that instrument whenever it supports their 
 position ; and in the same breath they deny its validity, 
 
MAXIMILIAN. 267 
 
 if they desire to exercise powers not within its limits. 
 Upon an examination of their Constitution, it is clear 
 that some parts of it never can be of practical use ex 
 cept in time of war or great public danger. The very 
 suspension of certain guaranties can only be made 
 during such a period ; but even then, that which guar 
 antees the life of man cannot be suspended. 
 
 They declare that by the Constitution they suspend 
 certain individual rights ; and if they wish to take the 
 life of the individual, they then hold that the Constitu 
 tion has no force, inasmuch as war exists. It is con 
 venient for a vindictive executive, who desires to have 
 his power circumscribed by his will only, to thus argue : 
 but the argument is an exhibition of a great poverty of 
 reason. And further : Article 128 says that " This Con 
 stitution shall not lose its force and vigor, although its 
 observance may be interrupted by an armed rebellion. 
 If, in case of public disturbance, a government contrary 
 to the principles sanctioned in it be established, as soon 
 as the people recover their liberty, its observance shall 
 be re-established ; and those that figured in the govern 
 ment springing out of the rebellion, as well as those co 
 operating in its establishment, shall be tried according 
 to the Constitution and the laws issuing therefrom." 
 
 After the Republican party had taken a given place 
 from the enemy, and exercised complete control over 
 the same, how they can seriously aver that the force of 
 the Constitution is destroyed, when the said 128th Ar 
 ticle still exists as a part of their fundamental jurispru 
 dence, is difficult to understand. 
 
 To amend the Constitution, requires a two-third vote 
 of the members of Congress present ; which vote must 
 be approved by a majority of the Legislatures of the 
 States. No amendments having been thus made, the 
 Constitution of 1857 was and is in force. 
 
 The President of Mexico assumes, under the provi- 
 
268 MAXIMILIAN. 
 
 sions of Art. 29, which declares " Congress shall grant 
 the power it deems necessary in order that the execu 
 tive may meet the exigencies of the situation," that 
 Congress may vest him with legislative function. But 
 such is not the true construction of the language ; and 
 if it were, it would be in conflict with other parts of the 
 Constitution. It only authorizes Congress to empower 
 the President to make orders or executive regulations in 
 regard to individual rights during war-time ; and these 
 orders and regulations must cease to be in force after a 
 certain period fixed therein. 
 
 It is somewhat analogous to the principle adopted in 
 the United States, where the Legislature authorizes the 
 judiciary to make rules which shall govern the practice 
 in courts. That never has been considered a power to 
 make laws. The laws of Mexico can only be made by 
 the Legislature, and that body is not compelled to speci 
 fy therein how long the same shall remain in force. They 
 will thus remain until repealed by that body ; which 
 clearly shows that there is a broad distinction contem 
 plated by the framers of the Mexican Constitution be 
 tween their laws and the orders made by the President 
 by virtue of his powers received from the Legislature, 
 under Art, 29. 
 
 There is one great principle of law that pervades the 
 jurisprudence of all civilized countries, and that is, when 
 a person has a bare power or authority from another to 
 do an act, he must execute it himself, and cannot dele 
 gate his authority to another. It is a trust or confidence 
 reposed in him personally. The old common-law maxim 
 is, " Delegata potestas non potest delegari" (a delegated 
 power cannot be delegated). Such is the civil law, al 
 though the language of their maxim is not the same, but 
 is, " Procuratorem alium procuratorem facere non powc 
 (the agent of one person cannot appoint another agent). 
 Therefore, when the people of Mexico delegated their 
 
MAXIMILIAN. 2G9 
 
 law-making power to the Congress of the Union, with 
 out authorizing that body in their Constitution to dele 
 gate the same power to another, they placed a certain 
 trust and confidence in Congress which cannot be exe 
 cuted by any other person. 
 
 Efforts were made by the Legislatures of several States, 
 of the United States, to relieve themselves of the respon 
 sibility of their functions by submitting statutes to the 
 will of the people. Such proceedings were held uncon 
 stitutional. The New York Court of Appeals said, 
 " The Legislature have no power to make such submis 
 sion, nor had the people the power to bind each other 
 by acting upon it. They voluntarily surrendered that 
 power when they adopted the Constitution." 
 
 The Legislature makes, the Executive executes, and 
 the Judiciary construes the law. The learned Chief Jus 
 tice Marshall, in the Supreme Court of the United States, 
 in the case of Wayman vs. Southard, 10 Wheaton, 46, 
 observed, " It will not be contended that Congress can 
 delegate to the courts, or to any other tribunals, powers 
 which are strictly legislative." 
 
 As has been observed, in article 23 of the Mexican 
 Constitution, the punishment of death for political 
 crimes has been abolished except for treason in a foreign 
 war, and other cases therein mentioned. It is clear then, 
 that prisoners guilty of political crimes in a civil war 
 are not subject to the death penalty. That the late war 
 in which Maximilian figured was a civil war will hardly 
 be denied. After the French left, the main body of 
 both armies were Mexicans, struggling for their respec 
 tive forms of government. 
 
 Such being the facts, and the Liberal party standing 
 by and endeavoring to sustain the Constitution, why 
 political prisoners taken by them should not have been 
 protected in their constitutional rights, is not easy to be 
 comprehended. 
 
270 MAXIMILIAN. 
 
 It is true that the executive made a law declaring that 
 whoever should take up arms against the constituted 
 government would no longer be considered political 
 prisoners, but felons, to be punished according to the 
 law of 1862. 
 
 The first question which legally presents itself under, 
 tliis head is, What are political crimes? 
 
 The adjective, " political," means that which pertains 
 to government. Political rights are those which may 
 l)_e exercised in the formation or administration 7)f gov 
 ernment.^ Civil rights are those which a marT"enioys as 
 regards other individuals, and not in relation to gov 
 ernment. 
 
 Political crimes are those acts of a person or persons 
 in violation of the political government of the country, 
 under the belief that he or they are justified in so act 
 ing according to their honest convictions. And the 
 crime is as distinct from a felony as black is from white. 
 The man who robs or wilfully kills with malice afore 
 thought, makes no pretensions to justification, because 
 he is acting contrary to his own conscience. Any one 
 act as much as another against the regularly constituted 
 government, by a dissident, is a political crime. The 
 Constitution has made no classification of political 
 crimes, but has declared that no person shall suffer death 
 who may commit them. Undoubtedly Congress could 
 classify such crimes, as the prohibition in the Constitu 
 tion is only on the limit of punishment. 
 
 The Supreme Court of the United States said, in Mar 
 tin vs. Hunter s Lessees, 1 Wheaton, 304, that " The 
 words of the Constitution are to be taken in their nat 
 ural and obvious sense, and not in a sense unreasonable 
 or enlarged." 
 
 One of the Circuit Courts of the United States held 
 that the words, " admiralty and maritime jurisdiction," 
 in the Constitution of the United States, had a signifi- 
 
MAXIMILIAN. 271 
 
 cation which could not be extended or curtailed by Con- 
 
 It is manifest then, from the plain import of the Mex 
 ican Constitution : 
 
 1st. That the President has no legislative power. 
 
 2d. That the Congress of Mexico cannot delegate its 
 powers to the President. 
 
 3d. That among the individual guaranties which may 
 be suspended, that which affects the life of man is not 
 included. 
 
 4th. That the powers of suspension in regard to indi 
 vidual guaranties do not authorize either the President 
 or Congress to deprive the Constitutional Courts of their 
 jurisdiction. 
 
 5th. That neither the Legislative nor Executive branch 
 of government can change the signification of the lan 
 guage of the Constitution from its usual and general 
 
 sense. 
 
 6th. That the Constitution provides that its provis 
 ions shall not be inoperative during the time of war. 
 
 7th. That the ordinary Council of War which tried 
 Maximilian had no jurisdiction of the cause. 
 
 It follows from this review that the law made by Jua 
 rez, dated January 25th, 1862, upon which the accusa 
 tions against Maximilian were based, is in violation of 
 the Mexican Constitution, and therefore void. 
 
 Passing from the questions of constitutional and mu 
 nicipal laws of the Republic of Mexico, which have been 
 applied to the case, it becomes necessary to investigate 
 the rights of the parties under the law of nations. This 
 has become quite essential, in order to arrive at just 
 conclusions, inasmuch as the severest criticisms have 
 been passed upon the Emperor for issuing the decree of 
 October 3d, 1865. That decree engendered a great deal 
 
272 MAXIMILIAN . 
 
 of bitterness in Mexico, and it lias been alleged to be 
 the cause of the Emperor s death. Those who were the 
 bitterest in their denunciations of him were under the 
 necessity of presenting some kind of an argument to 
 support their position ; and the severity of that decree 
 was advanced as sufficient therefor. It has been so 
 much commented upon by the Mexicans, and by their 
 press, while they have been silent as to the terrible law 
 of their own enactment, that the people of the United 
 States and Europe have been inclined to attach consid 
 erable blame to Maximilian for issuing it without know 
 ing the circumstances and facts which surrounded the 
 Emperor, and which so clearly, in the eyes of the law, 
 justified him in issuing the same. 
 
 When Maximilian executed that decree, he was the 
 sovereign of the de facto government of Mexico, beyond 
 any doubt. He was so recognized by several powei-s. 
 The fact that the United States did not so recognize him, 
 did not change the real condition of things in Mexico. 
 It brings to my mind an observation once made by that 
 distinguished American jurist, Chief-Justice Marshall, 
 who said, " If Congress should pass a resolution, declar 
 ing that Hume never wrote the History of England, I 
 do not think that it would change the fact." 
 
 The United States, for certain political reasons, did 
 not wish to recognize any new Empire on the American 
 continent, particularly in an adjacent territory. Those 
 reasons were not based upon the true state of facts as 
 tp the actual possession of the one or the other contend 
 ing parties in Mexico. 
 
 If the relative position of the two parties had been 
 changed, the United States would not for a moment 
 have doubted that the same facts which surrounded 
 Maximilian would have been ample, upon principles of 
 international law, to hold that he was the sovereign de 
 facto and de jure. 
 
MAXIMILIAN. 273 
 
 The law of nations is governed by the state of facts 
 which exist in a country, not what some nations may 
 say of it. Suppose a nation declares certain ports 
 blockaded, does the proclamation ipso facto render them 
 blockaded in the eyes of the law ? Will not the law 
 inquire whether adequate physical and material force is 
 actually on the spot to support the blockade ? 
 
 The same reason applies to a nation. The question 
 is, what party holds and exercises control over a country. 
 Whatever party does, that is the government de facto 
 of that country. If no other nation on earth Fad re- 
 cognized the Empire of Maximilian, still the fact of its 
 having the possession and control of the territory, made 
 it the government de facto and de jure. The internal 
 sovereignty of a State requires no such recognition. It 
 is a State because it exists. 
 
 Nor did the fact that foreign troops aided the Em 
 pire change its rights. The settled doctrine of the law 
 of nations, which w T as adhered to by the United States 
 Supreme Court, is, that a weak power does not surrender 
 its independence and right to self-government by asso 
 ciating with a stronger and taking its protection. It 
 would be a singular doctrine to advance that the na 
 tionality of some of the troops of the Empire could 
 change the rights of its Sovereign. 
 
 One of the absolute rights of a State is to protect it 
 self, and to make all needful laws ; and no other power 
 has a right to dictate to it in regard to those municipal 
 laws. And the judicial investigation and punishment 
 of a sovereign for enacting laws within the jurisdiction 
 of his territory, is what will not be found on the records 
 of any nation but those of Mexico. Such an investiga 
 tion may well be considered a judicial curiosity. 
 
 After the intervention ceased, and Maximilian as 
 sumed the reins of government, at the request of a 
 large number of Mexicans, and, as he believed, in accord- 
 
 12* 
 
274 MAXIMILIAN. 
 
 a nee with the will of a majority, the war was a civil 
 one. Wheaton says, and it is not denied by any other 
 writer on international law, that " the general usage of 
 nations regards such a war as entitling both of the con 
 tending parties to all the rights of war as against each 
 other, and even as respects neutral nations." ( Wh. on 
 Laws of Nations, part 4, ch. 1, V.) 
 
 What, then, are the rights of war f One among the 
 
 many is that of retaliation. That is, one nation may 
 
 apply in its transactions with another the same rule of 
 
 conduct by which that other is governed under similar 
 
 circumstances (Ibid., Section 1st). Notwithstanding 
 
 f the severity of the decree of October 3d, executed by 
 
 ! Maximilian, we tail to nnd less in the law of January 
 
 1 25th, 1862, made by President Juarez. According to 
 
 said law ol 1862, if any Mexican should be caught who 
 
 had served in any manner the foreign troops in the 
 
 country, which were the enemies of the Liberals, he 
 
 would be punished with death. (See Article 2d.) 
 
 Under that law, if the Liberal party contained only 
 one-eighth part of the whole population, and the other 
 seven-eighths wished to change the form of government, 
 and should attempt it, and any one of them should be 
 caught so doing by the Liberals, he would be subject to 
 the punishment of death. 
 
 If a Mexican boy should carry wood to build a fire 
 for one of the enemies of the Liberal party, he would be 
 liable to the same punishment if caught. And yet the 
 party that promulgated that harsh and bloodthirsty law 
 charge the Imperial ruler with cruelty in issuing the de 
 cree of October 3d, 1865. 
 
 Not only was the law of January 25th, 1862, on the 
 statute-books of the Juarez party, but the bloody act 
 was carried into execution. 
 
 Was not General Robles caught on the road to Vera 
 Cruz without arms, and shot in cold blood by the Juarez 
 
MAXIMILIAN. 275 
 
 party, merely because it was suspected that he was going 
 to talk to the French forces? The shocking crimes, 
 covered by the law of 1862, Avere numbered by hun 
 dreds, nay thousands, long before the decree of October 
 3d was issued. Will not the surprise of the reader be 
 rather that such a decree was not issued earlier, than 
 that it was issued at all? Was the Emperor not justi 
 fied upon the principle of retaliation, based on inter 
 national law, in issuing that decree ? 
 
 Let us suppose another case for illustration. If the 
 Liberals were composed of only one-third of the popu 
 lation, and possessed all of the arms in the country, and 
 should see proper to issue decrees contrary to the Consti 
 tution, and to enforce them upon the unarmed two-thirds, 
 and if the latter, in their defence, should invite foreign 
 aid, in the way of men and munitions of war, and be 
 subsequently caught by the Liberal party, they would 
 be liable to a death punishment under the law of 1862. 
 Such a case might well arise, because one-third of a na 
 tion well armed could hold in subjection the remaining 
 unarmed two-thirds. 
 
 It appears, not unfrequently, by observation among 
 men, that many persons first determine in their own 
 minds which of the contending parties have the right 
 side of the issue, and then conclude that that party is 
 authorized to enact laws, however severe, which its 
 judgment may dictate, while they deny the same right 
 to the other party. The rule of law is, that the justness 
 or unjustness of the war is not to be taken into consider 
 ation, when passing upon the question of the method of 
 warfare. 
 
 There are certain principles of international law which 
 are founded on the rights of humanity, and enforced by 
 moral sanction; and it makes no difference what has 
 caused the war, for when it has once commenced, cer 
 tain rules based on international morality, and acknowl- 
 
276 MAXIMILIAN. 
 
 edged by the civilized world to be just and humane, are 
 to govern the acts of the contending parties. 
 
 And the fact that one party in a civil war is vastly 
 superior in numerical strength, does not alter the rights 
 of either. Nor is there any rule of international law 
 that will support the position that, if the head of one 
 party in a civil war be a foreigner, the rights of 
 that party as to the method of warfare are lessened 
 thereby. And Maximilian, as the sovereign head of the 
 Empire, was entitled to all the rights which any Mexi 
 can would have been had he held the same position. 
 
 It would be difficult for any moral man, be he pro 
 fessional or layman, to advance any good reason why 
 that principle of law, which holds that no use of force is 
 lawful except so far as it is necessary, and that a bel 
 ligerent has no right to take away the lives of the sub 
 jects of the enemy, whom he can subject by any other 
 means, should not have governed in the war between 
 the Imperialists and Liberals in Mexico. 
 
 If a man declares that he justifies the shooting of the 
 Emperor because he is opposed to the establishment of 
 an empire in Mexico, or because some secessionists in 
 the Southern part of the United States favored Maxi 
 milian s policy, he would give no room for discussion, 
 and would be rather an object of pity than of admira 
 tion, on account of his prejudices and great want of 
 argumentative powers. 
 
 While the law of January 25th, 1862, stares the 
 world in the face, the complaint of inhumanity against 
 Maximilian comes with a bad grace from the lips of the 
 Juarez party. 
 
 It will be readily admitted that there was a time in 
 the barbarous ages, as even now among the wild savage 
 tribes, when warriors considered it their right to take 
 the lives of prisoners of war; but we have long indulged 
 the hope that the torch of science had dispelled such 
 
MAXIMILIAN. 277 
 
 a doctrine; and that there was a universal desire 
 among the civilized nations of the present age to adopt 
 measures that would mitigate that ancient practice of 
 cruelty. And it is with no very kind feelings that we can 
 view that people who claim a place in the great family 
 of nations, who cannot consent to respect the principles 
 of international morality. 
 
 As we closely review the individual acts of His Majes 
 ty, which pertain to the Empire, we shall perceive sO 
 steady aim on his part to avoid cruel treatment and to 
 keep within the rules of warfare that are sanctioned by 
 the general consent of mankind, as being just and hu 
 mane. If we investigate the treaty of Miramar, we 
 shall ascertain that the position of Maximilian was not 
 an enviable one for a sovereign. Wherever there was 
 a body of French troops or allied forces of French and 
 Mexican soldiers, they were under the control of the 
 French commander by virtue of that treaty. And thus, 
 while they were acting in accordance with instructions 
 from a French general, they were committing acts ob 
 noxious to the feelings of the head of the nation, and 
 upon whom was placed all the blame for the committal 
 of those acts. 
 , Assoon as the Emperor was freed from the dictation 
 
 fthe French c^mmandf" Tfo^ he annulled the decree 
 
 I 
 j 
 
 of OctoberJkLjm^ ; which act took placejibouLthe 
 21st of Oct^bkl866^Thus, for many months prior to 
 t v TTFTTq5tufe-oT the Emperor, that decree which infuriated 
 the Liberals was not in force, while their murderous law 
 of January 25th, 1862, was still unrepealed-J 
 
 And further, even while the said decree of October was 
 in full vio-or, Maximilian never consented to its enforce 
 ment in any given case ; but, on the contrary, issued strict 
 orders to his commanders not to execute it. Wherever 
 executions were rendered under the law, it was with 
 out his prior knowledge, and met subsequently with his 
 
278 MAXIMILIAN. 
 
 disapproval. At the same time, hundreds of prisoners 
 taken by the Liberal forces were sent to their graves 
 under the stern provisions of the law of 1862. 
 
 Humanity, and the just principles of war, demanded 
 that the Liberals should have ceased to carry out the 
 law of 1862, after the annulment of the October decree, 
 by His Majesty. Is there any rule of law or conscience 
 that would hold the life of the Emperor responsible for 
 every murder, or unjust act committed by French sol 
 diers, against the will of the Emperor ? The rule of law 
 is, that the conduct which is observed by one nation 
 toward another, will be reciprocally observed by the 
 latter toward the former. And the moment the rigor 
 of a law is abated by one party, the other should im 
 mediately repeal that law which was enacted by it as 
 retaliatory of the one which was abated. Reason and 
 good faith could not support any other doctrine. 
 
 There is a very short argument advanced by some 
 who favored the murder of Maximilian, and that is, that 
 he had no business to come to Mexico. 
 
 Let us examine that question in a legal and moral 
 point of view. 
 
 The generally recognized doctrine that a people have 
 the right to change their form of government, is ex 
 pressly laid down in the 39th Art., Sec. 1, Title 2, of 
 the Mexican Constitution, in these words : " The people 
 have at all times the inalienable right to alter or modify 
 the form of their government." 
 
 The Imperial party attempted to avail themselves of 
 that right. The next question which would naturally 
 present itself is, Did that party represent a majority of 
 the people of Mexico ? Upon that point there are two 
 opinions in Mexico. 
 
 As I am in favor of the stability of the Republic, 
 and against the Empire, upon principle, I hope I shall 
 not be charged with prejudice against the Liberal party. 
 
MAXIMILIAN. 279 
 
 And as I wish to make no incorrect statement in regard 
 to Mexico, I will not state which way the majority of 
 the people would have decided that issue had a test vote 
 been taken. I will give some facts from which conclu 
 sions may be drawn. 
 
 I have visited Mazatlan, Durango, Zacatecas, San Luis 
 Potosi, Queretaro, the city of Mexico, Puebla, Orizaba, 
 Cordova, and Yera Cruz. With the exception of Zaca 
 tecas and Yera Cruz, a large majority in those places 
 were in favor of the Empire. That Guadalajara, Guan- 
 ajuata, Puebla, and Orizaba were strongly in support of 
 the Empire was never doubted. I have thus mentioned 
 nearly all of the large cities of Mexico. The majority 
 of the educated and refined people of those. cities do not 
 mix with the Liberals. There is also a marked change 
 noticed by those who observed the government under 
 both regimes, in regard to the activity of business and 
 the gayety of social life ; showing that progress was 
 making headway under the Empire. When the Empe 
 ror and Empress entered the country they were greeted 
 with unbounded enthusiasm. Many who witnessed that 
 entrance have frequently remarked that no one could 
 have doubted that the majority were for the Empire. 
 
 I witnessed the entrance of President Juarez into the 
 city of Mexico, on the 15th of July last, and I was com 
 pletely surprised at the want of enthusiasm. It ap 
 peared more like a funeral than a joyous reception. Sev 
 eral Liberal officers standing by me could not help re 
 marking what a silence prevailed. A large portion, if 
 not a majority of the intelligent people in Mexico, dressed 
 in mourning for the demise of the Emperor. In conse 
 quence thereof it was difficult to obtain many articles 
 of mourning wearing-apparel at the mercantile estab 
 lishments. 
 
 As an admission from the Liberals, we take the fol 
 lowing article from the " La Sociedad" May 25th, 1866, 
 
280 MAXIMILIAN. 
 
 which copied the same from the " Revista" of Vcra 
 Cruz, a Liberal journal. 
 
 " Before the Emperor Maximilian arrived in this coun 
 try, when the Assembly of Notables in the Capital pro 
 claimed the Monarchy, and elected him the arbiter of 
 the destinies of Mexico, he wished to know the will of 
 the entire country, or at least of the localities occupied 
 by the French-Mexican army ; and a call was made on 
 the inhabitants of those localities, the only object of 
 which call was to know the true opinion of the Mex 
 icans. 
 
 " In fact, in each locality a declaration was made, 
 which was subscribed by thousands of citizens, and 
 among them, certainly, very few figured that were not 
 in feeling favorable to the new order of things. 
 
 " The Archduke Maximilian, in view of these acts, 
 which we cannot deny were numerous, accepted the im 
 perial crown which the Mexican deputation, who were 
 sent for that purpose, offered him at Miramar 
 
 " We who, whatever may be our ideas, cannot deviate 
 from the path we have marked out, believe ourselves 
 obliged to confess that if any ruler ever had reason to 
 believe himself really called by the people, the Emperor 
 Maximilian had in the highest degree. 
 
 " And it is so far so, that we even recollect the first 
 words which the new Emperor dictated to the Mexicans 
 on his arrival to our shores, words which were in com 
 plete harmony with the facts already referred to." 
 
 The rejoicing exhibited wherever the Emperor went 
 in Mexico, and the foregoing admission of one of his 
 political enemies, ought to be considered as some evi 
 dence that a large party of the Mexicans were friendly 
 to the Empire, if not a majority of them. The admis 
 sion of that Liberal journal is so strong, that it relieves 
 
MAXIMILIAN. 28 1 
 
 the Emperor of the charge of an intent to act contrary 
 to the will of the Mexican people. 
 
 The fact that the Liberals conquered the Imperialists, 
 is no proof that the former are supported by a majority 
 of the people. Any one acquainted with the history of 
 Mexico, will well understand how that may be. No 
 party can long remain in power in that country. And 
 it is immaterial what principles are advocated by the 
 reigning party, they are destined, sooner or later, to be 
 overthrown. As I have in another place observed, the 
 supreme power of a nation is always with the party who 
 happen to have the arms in their hands, although that 
 party may not number one-third of the whole. 
 
 Out of the whole population of Mexico, there is not a 
 million that have anything to say about the affairs of 
 government. The common soldier has no opinion on 
 political matters, and knows not the difference between 
 an empire and a republic. And the man who thinks 
 that the soldiers volunteered in the Liberal party, never 
 had a more erroneous idea. They were forced into the 
 service, not by any law regulating a draft as in other 
 countries, but by sending armed men to take them 
 wherever they could be found. I have this information 
 from persons who have lost their working men in that 
 manner. I adduce these facts in support of the propo 
 sition that the numerical strength of the Liberal army 
 is no criterion of the correct views of their political 
 opinions. 
 
 I went to Mexico in the beginning of the year 1867, 
 strongly impressed with the idea that the Liberal party 
 was far in the majority and I must confess, against my 
 wish, I have had that opinion shaken. That the majori 
 ty of the wealthy people were in favor of the Empire, I 
 think no well-informed and unbiased man will deny. 
 
 More improvements were made under the Empire than 
 tinder any President, during the same length of time. 
 
282 MAXIMILIAN. 
 
 It has been difficult for the people in Europe and the 
 United States to obtain correct information as to the 
 condition of affairs in Mexico. Many correspondents of 
 newspapers have visited Mexico with a view to obtain 
 profitable concessions from the Government, and with a 
 view of aiding their contemplated projects : they have 
 written highly favorable to the Administrative power. 
 And others strongly biased, have written in opposition 
 thereto. The poorer class care but little who governs ; 
 the rich are in favor of an empire, but do not wish to do 
 the fighting ; arid the middle class, together with some 
 of the rich, are the most energetic, and belong to the 
 Liberal party; hence their success, added to the fact, 
 that the Imperialists had no sufficient army of native 
 element formed when Bazaine left. 
 
 To sum up then, it is obvious that a number so large, 
 of the Mexican people, were in favor of Maximilian as 
 their ruler, that he was not wholly without proof that 
 the party was composed of a majority. The weight of 
 evidence is in his favor sufficiently to acquit him in a 
 moral point of view. 
 
 And further, it is too clear and conclusive to admit of 
 a serious argument, that the law of January 25th, L&2, 
 is in conflict with the provisions of the Mexican Consti 
 tution ; and that international law cannot support the 
 execution of Maximilian. 
 
 The sustaining of Mexico in that brutal act, is only on 
 a par with the praise of Booth, for murdering President 
 Lincoln. The latter was a cold-blooded murder without 
 a trial ; the former was murder after a farcical one. 
 
 Mexico has long witnessed calamities flowing from 
 mutual persecutions, but it was to be hoped that in this 
 age some benefits and improvements were to be expected 
 from the light, and human sympathy acquired from the 
 advancement of science. When the Mexican people 
 formed their present Constitution, they were not un- 
 
MAXIMILIAN. t 280 
 
 mindful of the barbarity and injustice indulged in dur 
 ing their many intestine conflicts ; and in order to im 
 press moderation upon their minds, and to work up to 
 the standard of modern ideas of civilization, they wove 
 into that Constitution certain principles in harmony 
 with justice, and which were, that life should not be 
 forfeited on account of political opinions, nor for any 
 acts honestly committed in support thereof; and that 
 confiscation of property should not take place. And 
 yet the party that stands upon that Constitution as its 
 political platform, pays but little respect to its prohib 
 itory clauses. 
 
 And admitting, for argument s sake, that the law of 
 January 25th, 1862, was in perfect harmony with the 
 Constitution, and that the Court had jurisdiction of the 
 cause, then it can be safely said that the judgment was 
 fraudulent, and unsupported by the evidence presented, 
 according to the rules of the Civil Law, which governs 
 judicial proceedings in Mexico. Public notoriety, hear 
 say testimony, nor secondary evidence never were suffi 
 cient under the Civil Law, nor by the legislative laws 
 of Mexico, to sustain a judgment of guilty in a criminal 
 cause. 
 
 It was not from ignorance that the authorities of Mex 
 ico committed their deed of horror, nor from any mis 
 taken notion of law and justice. 
 
 It was considered too good an opportunity to lose to 
 show the world that Mexico was an independent nation, 
 and that however much sympathy the adjoining Repub 
 lic might have heretofore shown in the hour of need, it 
 was by far insufficient to permit that Republic to assume 
 an advisory position which savored in the slightest de 
 gree of dictation. Such has been given by Mexicans 
 themselves as one reason why the executioner should 
 have done the bloody work. 
 
 As we review all the circumstances of the case, we 
 
284 MAXIMILIAN. 
 
 cannot but conclude that they justify the suspicion that 
 revenge and cupidity dictated their acts rather than the 
 spirit of a manly foe. 
 
 We have seen, in this case, great questions of" consti 
 tutional and international law considered and decided 
 within a few hours by not very wise and learned men 
 questions that learned tribunals in other lands would 
 have considered for days before giving a final decision. 
 That is, although they might have considered at first 
 blush the questions not difficult, yet the magnitude and 
 importance of the cause would have demanded from 
 learned jurists a complete and serious examination before 
 the rendition of a definite judgment thereon. 
 
 Had the goddess of Justice been present during the 
 trial of the Emperor, she would have hung her head in 
 shame as the judgment was read. 
 
 It is apparent that the scales and beam of justice were 
 broken into fragments, and that there was no weighing 
 of the evidence. 
 
 The trial was the prelude to the tragedy, in order to 
 increase the assumed dignity, and to extend the great 
 dramatic play of the nation. It was, indeed, a bombas 
 tic farce, and the tragedy that followed a terrible one. 
 And both are recorded as a stain on the pages of the 
 history of the Mexican nation which can never be effaced 
 therefrom, though steeped in the sulphurous fumes of 
 the infernal regions. 
 
CHAPTER XIV. 
 
 Application for pardon Pardon denied Sentence approved Pardon again 
 asked and denied Execution postponed Letter from Maximilian to Baron 
 Largo Pardon asked by Baron Magnus Refused Despatch from Maxi 
 milian to Juarez Preparations for execution Last words of the victims- 
 Execution. 
 
 A FTER the decision of the Council of War, or court- 
 JLJL. martial, and the approval thereof by the Com 
 mander of the Division, General Escobedo, there was 
 but one other mode to pursue on the part of the defend 
 ants that was, to seek the clemency of the Executive. 
 Before, and during the time of the trial, Messrs. Palacio 
 and De la Torre, two of the Emperor s counsel, were at 
 San Luis Potosi exercising their influence with the Presi 
 dent and Cabinet. 
 
 The said counsel having learned that, on the 14th of 
 June, at ten minutes past twelve o clock at night, the 
 three prisoners, Maximilian, Miramon, and Mejia, had 
 been condemned to death, immediately applied for the 
 pardon of the three, without waiting to ascertain whether 
 the decision of General Escobedo would be in approval 
 or disapproval of the said sentence. In answer to that 
 application, the Minister of War transmitted to the said 
 counsel the following note : 
 
 " SECRETARY OF STATE, WAR, A^D NAVY : 
 
 " You have set forth in your new petition that hav 
 ing notice that the Council of War assembled in Quere- 
 taro have condemned to the extreme penalty Fernando 
 Maximilian of Hapsburg, you ask, as his counsel, the 
 Government to grant him a pardon, or, that if even it 
 
283 MAXIMILIAN. 
 
 cannot pass upon that question, that in the mean time it 
 will order a suspension of the sentence. The Citizen- 
 President being in possession of this new petition, has 
 directed me to say to you, as I declared to you yester 
 day officially, that it is not possible to pass upon the 
 question of pardon before knowing the condemnation of 
 the court, there not being a condemnation that may have 
 the effect as such, as, in the mean while, the judgment 
 of the Council of War may not be confirmed by the 
 military chief according to the ordinance and respective 
 laws. And further, I am directed to say to you, also, as 
 I stated to you officially yesterday, that the Government 
 not having altered the provisions of the law, if in case 
 the judgment of the Court should be confirmed, and 
 then should be submitted within the proper time to the 
 decision of the Government, the question of pardon, in 
 such a case, among the considerations which the Gov 
 ernment ought to weigh, it will remember the facts set 
 forth in your two petitions. 
 
 " Independence and Liberty. San Luis Potosi, June 
 15th, 1867. 
 
 "MEJIA. 
 
 " Citizens MARIANO RIVA PALACIO, and 
 " Lawyer RAFAEL MARTINEZ DE LA TORRE. 
 
 u Present." 
 
 "Telegram from Queretaro for Potosi, received the 
 16th day of June, 1867, at one o clock and 15 minutes 
 of the afternoon : 
 
 " CITIZEX-PKESIDENT : 
 
 "The sentence which the Council of War pro 
 nounced on the 14th inst., has been confirmed at these 
 headquarters, and to-day, at ten o clock of the morning 
 the prisoners were notified thereof, and at three o clock 
 this afternoon they will be shot. 
 
 " ESCOBEDO." 
 
MAXIMILIAN. 287 
 
 The Government having read the report of General 
 Escobedo, approving the judgment of the Court, and 
 having received another petition from the said counsel, 
 replied thereto with the following note : 
 
 " SECRETARY OF STATE, WAR, AND NAVY. 
 
 "As to the petition presented by you of to-day s 
 date to the Citizen-President of the Republic, soliciting 
 a pardon for Ferdinand Maximilian of Hapsburg, who 
 has been sentenced, in Queretaro, by the Council of War 
 tha4T tried him, to suffer the extreme penalty, the Presi 
 dent has come to the following determination : 
 
 " Having examined this solicitation for pardon with 
 all the gravity which the case requires, and the other 
 solicitations for the same purpose, the Citizen-President 
 of the Republic has thought proper to determine that 
 the petitions cannot be acceded to ; the gravest consid 
 erations of justice and of necessity to assure the peace 
 of the nation being opposed to this act of clemency. 
 
 " And I communicate it to you for your information, 
 and as the determination on your said petition. 
 
 " SAN Luis POTOST, June 16th, 1867. 
 
 "MEJIA. 
 " Citizens MARIANO EIVA PALAXJIO, and 
 
 Lawyer KAFAEL MARTINEZ DE LA TORRE, 
 
 " Present." 
 
 Upon an application for further time to be extended 
 to the Emperor s life, the following despatch was for 
 warded to the commanding officer, at Queretaro : 
 
 " Telegram S. Luis Potosi, June 16th, 1867. At one 
 o clock of the afternoon. 
 
 " CITIZEN GENERAL M. ESCOBEDO, Queretaro : 
 
 "The counsel of Maximilian and Miramon have 
 just presented themselves, to state to the Government, 
 that the sentence of the Council of War has been con- 
 
288 MAXIMILIAN. 
 
 firmed, which imposed upon them and Mejia the pun 
 ishment of death ; and that the execution has been 
 ordered to take place this afternoon. Pardon has been 
 asked for the three condemned persons, which the Gov 
 ernment has denied, after having held the most atten 
 tive deliberation thereupon. In order that the con 
 demned may have the necessary time to arrange their 
 business, the Citizen President of the Republic has de 
 termined that the execution of the three condemned 
 persons will not take place until Wednesday morning, 
 the 19th of the present month. 
 
 " Please give your orders in conformity with this reso 
 lution, and advise me immediately of the receipt of this 
 message. 
 
 "MEJIA." 
 
 The following reply came from General Escobedo : 
 
 " Telegram from Queretaro for San Luis Potosi re 
 ceived the 16th of June, 1867, at four o clock and one 
 minute of the afternoon. 
 
 " CITIZEN MINISTER OF WAR : 
 
 " I am informed that the Citizen President has or 
 dered a suspension of the execution of the three prison 
 ers until the morning of Wednesday, the 19th. I shall 
 comply Avith this supreme order. 
 
 " M. ESCOBEDO 
 
 " SECRETARY OF STATE, WAR, and NAVY. 
 " SAN Luis POTOSI, June 16th, 1867." 
 
 Baron Yon A. Y. Magnus, the Prussian Minister near 
 the Imperial Government of Mexico, was also at San 
 Luis Potosi, for the purpose of interceding in behalf of 
 Maximilian. The Baron gave all his attention to tlio 
 welfare of the Emperor. After the final conclusion of 
 the President upon the question of pardon, the Baron 
 
MAXIMILIAN. 289 
 
 became anxious to hasten with all speed to Qucrctaro. 
 In order to facilitate him in that respect, the Govern 
 ment ordered the owners of the stage-line to make pre 
 parations therefor, as follows : 
 
 " MINISTER OF FOREIGN RELATIONS AND GOVERNMENT, 
 Department of Government Section First. 
 
 "The Citizen President of the Republic has deter 
 mined that you will please to so arrange immediately, 
 that there will be provided an extra stage which will go 
 with all possible dispatch from this city to Queretaro ; 
 and that you will place this stage at the disposition of 
 Baron A. V. Magnus, and the persons whom he wishes 
 to accompany him. 
 
 "I communicate it to you in order that said extra 
 stage may be provided, at the hour which M. Baron 
 Yon Magnus may designate, this afternoon or to-night. 
 
 " Independence and Liberty. San Luis Potosi, June 
 16th, 1867. 
 
 " LERDO DE TEJADA. 
 
 " Seiior Agent of the Stage-lines of this city, Present." 
 
 On the fifteenth of June, General Mejia had been 
 requested to say to the Emperor, that authentic informa 
 tion had just reached Queretaro, that the Empress Car- 
 lota had died. The General communicated the state 
 ment to His Majesty. 
 
 In consequence thereof, he wrote that day a letter to 
 Baron Largo, who had been ordered away from Quere 
 taro, the 14th, by General Escobedo, and who went to 
 Tacubaya, where he received the letter; in the post 
 script to which, the Emperor wrote as follows : " I have 
 just learned that my poor wife has died, and though the 
 news affects my heart, yet, on the other hand, under the 
 present circumstances, it is a consolation. I have but 
 one wish on earth ; that is, that my body may be buried 
 13 
 
290 MAXIMILIAN. 
 
 next to that of my poor wife. I intrust you with this, 
 as the representative of Austria. I ask you that my 
 legal heirs will take the same care of those who sur 
 rounded me, and my servants, as though the Empress 
 and I had lived." 
 
 On the sixteenth, about half an hour before the Em 
 peror s anticipatad execution, he took from his finger his 
 marriage-ring and gave it to his physician, Dr. Samuel 
 Basch, requesting him to carry it to the Archduchess 
 his mother, supposing at the time that his wife the Em 
 press was dead. Not being executed that day, he re 
 ceived it back again, and wore it as usual. On the next 
 day the Emperor wrote the following letter to Baron 
 Largo : 
 
 " DEAR BAROX : 
 
 " I have nothing to look for in this world ; and my 
 last wishes are limited to my mortal remains, which 
 soon will be free from suffering and under the favor of 
 those who outlive me. My physician, Dr. Basch, will 
 have my body transported to Vera Cruz. Two servants, 
 Gull and Tudas, will be the only ones who will accom 
 pany him. I have given orders that my body be car 
 ried to Vera Cruz without any pomp, and that no ex 
 traordinary ceremony be made on board. I await death 
 calmly, and I equally wish to enjoy calmness in the 
 coffin. So arrange it, dear Baron, that Dr. Basch and 
 my two servants be transported to Europe in one of the 
 two war-vessels. 
 
 " I wish to be buried by the side of my poor wife. If 
 the report of the death of my poor wife has no founda 
 tion, my body should be deposited in some place until 
 the Empress may meet me through death. 
 
 " Have the goodness to transmit the necessary orders 
 to the captain of the ship de Groeller. Have likewise 
 the goodness to do all you can to have the widow of my 
 
MAXIMILIAN. 291 
 
 faithful companion in arms, Miramon, go to Europe in 
 one of the two war-vessels. I rely the more upon this 
 wish being complied with, inasmuch as I have recom 
 mended her to place herself under my mother at 
 Vienna. 
 
 "Again, I give you my most cordial thanks for all the 
 inconveniences which I cause you; and I am, with the 
 greatest good-will, 
 
 " Yours, 
 
 tl ^ " MAXIMILIAN. 
 
 QUERETARO, in the Prison of the 
 
 Capuchinas, 17th of June, 1867." 
 
 Before Maximilian s execution, he observed to some 
 of his officers in the convent, that it was not so very hard 
 to die after all ; that he felt as though he were going into 
 battle. He also remarked that he could forgive Lopez ; 
 but Marquez, never ! 
 
 The day before his death, the captain who was to di 
 rect the execution, went to the convent to see the Em 
 peror, and apologized, saying that lie was sorry that he, 
 Maximilian, was compelled to suffer death ; that he him 
 self was ordered to cause him to be executed, which he 
 regretted ; and that he was obliged to obey the order. 
 The Emperor excused him from any blame, observing 
 that it was not his fault. 
 
 Baron Magnus arrived on the eighteenth at Queretaro, 
 from San Luis Potosi, and immediately visited the Em 
 peror. After which, considering as he did that it was 
 his solemn duty to do everything that was within his 
 power, he was not inclined to remain silent, until he saw 
 that the safety of Maximilian s life was beyond hope. 
 He therefore again placed himself in communication 
 with the officers of Government, as the last remedy, 
 at a late hour that night ; when he sent the following 
 message : 
 
292 MAXIMILIAN. 
 
 " Telegram from Queretaro to San Luis Potosi, re 
 ceived at 9 o clock and 30 minutes of the night, June 
 18th, 1867. 
 
 " His EXCELLENCY 
 
 " SENOK D. SEBASTIAN LERDO DE TEJADA : 
 
 "Having reached Queretaro to-day, I am sure that 
 the three persons, condemned on the 14th, died morally 
 last Sunday ; and that the world so estimates it, as they 
 had made every disposition to die, and expected every 
 instant, for an hour, to be carried to the place where they 
 were to receive death, before it was possible to commu 
 nicate to them the order suspending the act. 
 
 " The humane customs of our epoch do not permit 
 that, after having suffered that horrible punishment, they 
 should be made to die the second time to-morrow. 
 
 " In the name, then, of humanity and Heaven, I con 
 jure you to order their lives not to be taken ; and I re 
 peat to you again, that I am sure that my Sovereign, 
 His Majesty the King of Prussia, and all the monarch s 
 of Europe united by the ties of blood with the im 
 prisoned Prince, namely, his brother the Emperor of 
 Austria, his cousin the Queen of the British Empire, his 
 brother-in-law the King of the Belgians, and his cousins, 
 also, the Queen of Spain and the Kings of Italy and 
 Sweden, will easily understand how to give His Excel 
 lency Seiior D. Benito Juarez, all the requisite securities 
 that none of the three prisoners will ever return to walk 
 on the Mexican territory. 
 
 "A. Y.MAGNUS." 
 
 The following reply to the foregoing was received by 
 Baron Magnus : 
 
 " Telegram. San Luis Potosi, June 18th, 1S67, at 10 
 o clock and five minutes of the night. 
 
MAXIMILIAN. 293 
 
 " SENOR BARON A. V. MAGNUS, etc., etc., Queretaro : 
 
 " I am pained to tell you, in answer to the telegram 
 which, you have been pleased to send me to-night, that, 
 as I declared to you day before yesterday, in this city, 
 the President of the Republic does not believe it possi 
 ble to grant the pardon of the Archduke Maximilian, 
 through the gravest considerations of justice, and of the 
 necessity of assuring peace to the Republic. 
 " I am, Seiior Baron, very respectfully, 
 " Your obedient servant, 
 
 " SEBASTIAN LERDO BE TEJADA." 
 
 The following despatch was sent by the Emperor to 
 President Juarez on the 1 8th of June : 
 
 " Central Telegraph Line. Official telegram. De 
 posited in Queretaro. Received in San Louis Potosi at 
 one o clock and fifty minutes of the afternoon, the 1 8th 
 of June, 1867. 
 
 " C. BENITO JUAREZ : 
 
 " I desire that you may preserve the lives of D. Mi 
 guel Miramon and D. Tomas Mejia, who day before yes 
 terday suffered all the tortures and bitterness of death ; 
 and, as I manifested on being taken prisoner, I should 
 
 be the only victim. 
 
 " MAXIMILIAN." 
 
 This was an exhibition of nobleness of character sel 
 dom to be met with, and which had been manifested by 
 the Emperor all through his Mexican career. 
 
 On that night the commander, General Escobedo, vis 
 ited the Emperor at half-past eleven o clock. He asked 
 His Majesty for his photograph, which the Emperor 
 gave him. After a few moments conversation they bid 
 each other farewell, and the General left. The Emperor 
 
294 MAXIMILIAN. 
 
 had retired at nine o clock, but was restless, dozed n 
 little, and was awake when Escobedo entered. lie 
 slept only about two and a half hours. The thoughts 
 of the morrow were ill suited to produce slumber. lie 
 dressed at a little past three o clock. The priest came 
 at four, and prayers were said at about five. He gave 
 to Dr. Basch his marriage-ring, to be delivered to the 
 Archduchess, his -mother, still under the supposition that 
 the Empress was dead. He then wrote the following 
 letter to the President : 
 
 " QUERETARO, June 19th, 1867. 
 " SB. BENITO JUAREZ : 
 
 " About to receive death, in consequence of having 
 wished to prove whether new political institutions could 
 succeed in putting an end to the bloody civil war which 
 has devastated for so many years this unfortunate coun 
 try ; I shall lose my life with pleasure if its sacrifice can 
 cont ribute to the peace and prosperity of my new coun 
 try. Fully persuaded that nothing solid can be founded 
 on a soil drenched in blood and agitated by violent com 
 motions, I conjure you in the most solemn manner, and 
 with the true sincerity of the moments in which I find 
 myself, that my blojxljnay be the last to be spilt; 
 that the .same perseverance which I was pleased to re 
 cognize and esteem in the midst of prosperity that 
 with which you have defended the cause which has just 
 triumphed may consecrate that blood to the most noble 
 task of reconciling the minds of the people, and in 
 founding in a stable and durable manner the peace and 
 tranquillity of this unfortunate country. 
 
 " MAXIMILIAN." 
 
 Many of the last letters and documents signed by His 
 Majesty were penned by Mr. Herman G. Schwesinger, who 
 v/as a confidential friend of His Majesty, and who, for 
 
MAXIMILIAN". 295 
 
 that friendship was imprisoned six weeks without any 
 charges being made against him. He deserves a men 
 tion herein for his fidelity to the Emperor. 
 
 The citv of Qjieretaro, on the 19th of June, A. D. 1867, 
 ^_ * - --^ 
 
 presented one of the most solemn scenes ever witnessed, 
 save that which the murder and burial of Abraham Lin 
 coln produced in Washington City. For a beloved 
 mortal, about to put on immortality, the drapery of 
 mourning was worn by thousands, as an emblem of 
 hearts sincerely touched with grief. 
 
 At half-past six o clock, on that morning, stood before 
 the entrance of the convent of the Capuchinas, three 
 ordinary carriages, with a pair of not very elegant horses 
 attached to each. The first one of those carriages was 
 entered by Maximilian and Father Soria, a priest. The 
 Emperor was dressed in a single-breasted black frock- 
 coat, buttoned up save the last button ; black vest, neck 
 tie, and pants, ordinary boots, and a wide-brimmed hat. 
 
 After the Emperor arrived at the carriage, he sent 
 back for his physician, Dr. Samuel Basch. He desired 
 to have some one that he believed to be his friend near 
 him in the last moment. The Emperor sent for Dr. 
 Basch twice, but the doctor did not appear. It was not 
 because Dr. Basch did not wish to do him a favor; the 
 attachment which endeared His Majesty so much to the 
 doctor completely broke the spirits of the latter, and so 
 unnerved him that he had not the heart to look upon 
 the Emperor as the leaden messenger of death winged 
 its way into his noble form. The doctor was a true 
 friend to His Majesty: would that he had possessed 
 more like him ! 
 
 General Miramon and his accompanying priest occu 
 pied the second carriage, and General Mejia and his 
 priest the other. In the extreme advance of their mili 
 tary escort were five mounted men, one of whom was a 
 corporal, a few paces in front of the others. Next fol- 
 
200 MAXIMILIAN. 
 
 lowed a company of infantry, composed of eighty men, 
 who belonged to the regiment known as the " Supreme 
 Powers ;" in their rear were the three carriages escorted 
 by a battalion of Nuevo Leon infantry, one half of which 
 flanked each side of the road, parallel with the vehicles. 
 Then came a rear guard of two hundred and fifty 
 mounted men, called Gazadares de Galeana (sharp 
 shooters of Galeana). 
 
 Soon after those carriages were thus entered, they 
 and their escorts moved slowly on, carrying three 
 noble men into the arms of death. What a contrast 
 in the two pictures that of His Majesty s entrance 
 into Queretaro, and that of his departure therefrom ! 
 The former was a glittering procession and triumphal 
 entry ; the latter, a solemn march into the hands of the 
 executioner, 
 
 " Where Mexicans wrought their cruelty." 
 
 The appointed place for that work of barbarism was 
 El Cerro de las Campanas (the Hill of the Bells), about 
 one and a quarter mile northwest of the city. It was 
 near that hill the Emperor and Mejia were taken prisoners. 
 Are we to suppose that the conquerors were actuated by 
 the same principles which governed the infuriated Eng 
 lish two centuries ago ? that mob which, dethroned of 
 reason, and wild with vengeance and hate, executed 
 Charles I. before Whitehall, near his own palace, to 
 show the triumph of republicanism over royal majesty. 
 Did the Mexicans hope to overrun the cup of sorrow by 
 presenting to Maximilian s dying view the unfortuaate 
 spot of his surrender? The English would feign seal 
 up that part of their history. What will Mexicans 
 hereafter think of their own past record ? 
 
 While the cortege advanced to the place of execution, 
 the faces of the surrounding multitude were pictured 
 
MAXIMILIAN. 297 
 
 with sorrow. Crowds upon crowds rushed along, mourn 
 fully looking at the victims for the sacrifice, shedding 
 tears, offering up prayers, and holding up the cross as 
 the true emblem of consolation. Could one have dropped 
 suddenly from the clouds among that gathered concourse, 
 he would have thought that a whole nation were in 
 mourning. If ever there was proof of true affection 
 from a whole people for living man it was then. It was 
 not idle curiosity that assembled that mighty host. 
 Their actions, their expressions of grief, their contempt 
 exhibited toward the soldiery, were too apparent to de 
 ceive the observing witness. 
 
 About twenty minutes time brought the unfortunate 
 men to their death-ground. His Majesty stepped out 
 of his carriage and gave his hat and handkerchief, with 
 which he wiped his face, to his servant, to carry to his 
 mother and brother, and looked to see if any friend 
 came, and asked if he was alone, to which the servant 
 on the carriage said " Yes." He stroked down his ample 
 beard, as was his frequent habit, and walked proudly to 
 his place ; this was where the right-hand cross in the 
 engraving herein stands, and is within about twenty feet 
 of the wall in the rear, which is a part of the fortifica 
 tion erected by himself. 
 
 About three thousand soldiers stood in a square, so as 
 to enclose the ground of execution on three sides, leav 
 ing the rear supported by the wall. The centre cross 
 marks the spot where General Miramon stood, and the 
 other the position of General Mejia. 
 
 The Emperor gave to Lieutenant-Colonel Margain, on 
 the 16th, for each of his seven executioners a twenty- 
 dollar gold piece of money, with his profile thereupon. 
 
 The victims embraced each other three times, the Em 
 peror saying that they would meet in Heaven. He also 
 said to Miramon, " Brave men are respected by sover 
 eigns permit me to give you the place of honor," pla- 
 
298 MAXIMILIAN. 
 
 cing him at the same time in the centre. Gen. Escobedo 
 was not on the ground. He remained at his quarters. 
 
 Each of the three victims had an opportunity of de 
 livering a farewell address. The Emperor spoke as 
 follows : 
 
 " Persons of my rank and birth are brought into the 
 world either to insure the welfare of the people, or to 
 die as martyrs. I did not come to Mexico from motives 
 of ambition. I came at the earnest entreaty of those 
 who desired the welfare of our country. Mexicans ! I 
 pray that my blood may be the last to be shed for our 
 unhappy country, and may it insure the happiness of 
 the nation. Mexicans ! Long live Mexico !" 
 
 General Mejia had previously requested General Esco 
 bedo to take care of his son, but at the time of his exe 
 cution he said nothing : his attitude was firm and resolute. 
 
 Miramon drew from his pocket a small piece of paper, 
 from which he read : 
 
 " MEXICANS ! behold me, condemned by a Council of 
 War, and condemned to death as a traitor ! In these mo 
 ments which do not belong to me, in which my life is al 
 ready that of the Supreme Being, before the entire world 
 I proclaim that I have never been a traitor to my country. 
 I have defended my opinions, but my children will never 
 be ashamed of their father. I have not the stain of 
 treason, neither will it pass to my children. Mexicans ! 
 Long live Mexico ! Long live the Emperor !" 
 
 Just as Miramon was finishing, the Emperor placed 
 Ids hand on his breast, threw up his head, and gave the 
 word " Fire !" The executioners then discharged their 
 guns. At each victim six soldiers fired simultaneously. 
 The two Generals were killed immediately. The Emperor 
 
MAXIMILIAN. 099 
 
 first received four balls, three in the left breast, and one 
 in the right ; three passes-through and came out of the 
 shoulder. As they fired, Maximilian fell a little sideways, 
 foiling on his right side, causing a little bruise on the 
 face and hip. And as he fell, he exclaimed, " Hombre ! 
 Hombre /" (O man ! O man !) This statement has been 
 disputed by Baron Magnus, but he did not stand as near 
 the victim as some other individuals, who heard more 
 distinctly. After Maximilian had fallen, a soldier fired 
 into his stomach, which caused him to move slightly; 
 then another shot sent a ball through his heart, produ 
 cing instant death. 
 
 When the victims first entered the ground of execu 
 tion, the officer in command of the forces present read 
 the following order to the surrounding multitude : 
 
 " SOLDIERS : 
 
 " In the name of the nation, he who solicits pardon 
 for the three prisoners, or any of them, will be shot." 
 
 Possibly, it may be denied that such an order was 
 read ; but nevertheless it is true. A general in the Lib 
 eral army said that the law required such an order to be 
 read. 
 
 Thus passed away that good man, Ferdinand Maxi 
 milian I., Emperor of Mexico, from a corruptible to an 
 incorruptible crown of glory. 
 
 He died like the bravest. And well may it be said 
 that 
 
 " Never in moment most elate, 
 
 Did that high spirit loftier rise ; 
 While bright, serene, determinate, 
 
 His looks were lifted to the skies, 
 As if the signal lights of fate 
 
 Were sinning in those awful eyes ! 
 Tis come his hour of martyrdom 
 In honor s sacred cause is come ; 
 
000 MAXIMILIAX. 
 
 And, though his life hath passed away, 
 Like lightning on a stormy day, 
 Yet shall his death-hour leave a track 
 Of glory, permanent and bright." 
 
 It was apparent, even to a casual observer, that tbe 
 spirit of revenge was running high, from the moment of 
 the capture of Maximilian until he was murdered. The 
 zeal and animosity engendered against a man of high 
 rank, who had come from a foreign land, added to the 
 raging violence of a civil war, so inflamed the minds of 
 the Liberals that the voice of reason was unheard. 
 Their victims were marked, the work must be done ; 
 they could not be deprived of the sight of that Impe 
 rial blood which was to tinge their soil, gratify their 
 savage spirit, and satisfy "justice and the peace of the 
 nation" as by them considered requisite. 
 
 No argument could be presented which they would 
 admit savored of reason, if it had for its object the sav 
 ing of life. The officers of the army, from Generals 
 down, with but few exceptions, were desirous that death 
 should embrace the victims. If they were addressed on 
 the subject by persons in favor of leniency, they exhib 
 ited the greatest acrimony of expression which their 
 abilities were capable of forming. You could not go 
 among the officers without inhaling the breath of ven 
 geance. It seemed as though they had turned around 
 and looked the dark ages in the face, that they might 
 bring up the same scenes then witnessed, for the review 
 of the present century. That they equalled them in 
 barbarity cannot be doubted by civilized nations. The 
 ideas of toleration, the mild and charitable spirit taught 
 by Christianity in the present age, entirely escaped their 
 thoughts. In short, such ideas were repugnant to their 
 sentiments of justice. A photograph of the pagan 
 world would present a view not unlike that of to-day, 
 within the jurisdiction of Mexico. 
 
MAXIMILIAN. 301 
 
 I desire not to be understood as applying this to all 
 Mexicans ; there are many exceptions. There are many 
 in the Liberal party that were opposed to taking the life 
 of Maximilian. The officers of the army were furious. 
 The common soldier hardly expressed an opinion on the 
 subject of his execution. I believe the majority of 
 them were not in favor of it. One officer high in com 
 mand, had been in favor of the execution of the Empe 
 ror ; but, when he received a telegram stating that the 
 execution had taken place, he observed to a friend of 
 mine that it made him feel sick for several days. He 
 would have gladly restored him, had such a thing been 
 possible. When reason was brought to bear coolly, 
 the conclusion was correct. I think that there are thou 
 sands of Mexicans who deeply regret the act. Some 
 brutal Mexicans, near the frontier, fired cannon in com 
 memoration of the execution. It would be a sad reflec 
 tion on civilization, if the death of a man should cause 
 rejoicing, even when every principle of law and justice 
 would justify the deprivation of life. 
 ~"~ Cruelty is a plant that took root in Mexico long ago, 
 and the scythe of civilization has made but little ad 
 vancement toward its destruction. 77 
 
CHAPTER XV. 
 
 Order to embalm the body Mode of embalming Bequests for the corpse- 
 Denials Written request granted Corpse delivered to Austrian authori 
 ties Departure of same for Europe. 
 
 PRIOR to the execution of the Emperor, the Gov 
 ernment of the Republic had been solicited to per 
 mit his remains to be so prepared that they could be sent 
 out of the country, and also to allow the transportation 
 thereof to the family of Maximilian in Europe. 
 
 His Majesty wrote a letter to that effect, on the six 
 teenth of June, to Seiior Don Carlos Rubio, and also one 
 on the eighteenth, to General Escobedo, in which he 
 requested that his physician, Dr. Samuel Basch, be per 
 mitted to embalm his body ; and, in conjunction with 
 Baron A. V. Magnus, to take it to his family relatives 
 in Austria. 
 
 That request was not wholly acceded to ; but with a 
 view of having the body so preserved that it might be 
 in a proper condition to convey away, provided that 
 right should thereafter be granted, the Government for 
 warded the following instructions in relation thereto, to 
 General Escobedo : 
 
 " Telegram San Luis Potosi, June 18th, 1867. At 
 nine o clock of the morning : 
 
 " C. GENERAL MABIANO ESCOBEDO, Queretaro : 
 
 " The Government has been asked that, as soon as 
 the execution of Maximilian shall have taken place, 
 permission be granted to dispose of the body, with the 
 intention of carrying it to Europe. 
 
MAXIMILIAN". 003 
 
 " This has not been permitted ; but in consideration of 
 the petition, the C. President of the Republic has ordered 
 that you will proceed in conformity with the following 
 instructions : 
 
 "First. After the execution of the three convicted 
 persons shall have taken place, if the relatives of D. M. 
 Miramon and D. T. Mejia should ask to dispose of their 
 bodies, you will permit them immediately freely to 
 do so. 
 
 " Second. You only will order what may be necessary 
 respecting the body of Maximilian, denying anybody 
 else the right to make any disposition thereof. 
 
 " Third. You will order to be made, within the proper 
 time, boxes of zinc and wood, to preserve in a proper 
 manner the body of Maximilian ; and also those of D. 
 M. Miramon and D. T. Mejia, if their relatives do not 
 ask for them. 
 
 " Fourth. If any person should ask that he be permitted 
 to embalm or inject the body of Maximilian, or to do any 
 thing else which may not be improper, you will refuse 
 the right to any other person to do the same ; but in 
 such a case, you will provide, without prohibiting the 
 presence of foreigners, that it be done by Mexicans, in, 
 whom you have confidence, and that every thing be 
 done in proper manner, at the expense of the govern 
 ment. 
 
 "Fifth. After the execution shall have taken place, 
 you will provide that care be immediately taken of the 
 body of Maximilian, and also of the others, if their rela 
 tives do not ask for them, and that proper decorum be 
 paid them after the fulfilment of justice. 
 
 " Sixth. You will direct that the body of Maximilian 
 be deposited in a proper and secure place, under the 
 vigilance of the authorities. 
 
 " Seventh. For the final rest of the bodv of Maximil- 
 
304 MAXIMILIAN*. 
 
 ian, and of the others, if their relatives do not ask for 
 them, you will provide that the accustomed religious 
 acts be performed. 
 
 "LERDO DE TEJADA." 
 
 Baron de Largo, the Austrian charge d affaires near 
 the Empire of Maximilian, having, among others of the 
 diplomatic corps, been ordered away from Queretaro, 
 went to Tacubaya, and remained until the city of Mexico 
 surrendered. He sent the following message to the 
 President of the Republic : 
 
 "Telegram From Tacubaya, for San Luis Potosi. 
 Deposited in Tacubaya the 19th of June, 1867. 
 
 " Received in Potosi, at nine o clock and 25 minutes 
 of the night, the 20th of June. 
 
 " C. PRESIDENT : 
 
 " I pray you to concede to me the body of Maxi 
 milian, in order that I may convey it to Europe. 
 
 " BARON DE LARGO." 
 
 The following reply thereto was given by the Minister 
 of Foreign Affairs : 
 
 " Telegram San Luis Potosi, June 20th, 1867, at 10 
 o clock and 15 minutes of the night. 
 
 " To SENOR BARON DE LARGO : 
 
 " The President of the Republic has directed me to 
 say to you, in answer to your telegram of yesterday, 
 which was received this evening, that for grave reasons 
 the right cannot be granted you to dispose of the body 
 
 of Maximilian. 
 
 " S. LERDO DE TEJADA." 
 
MAXIMILIAN. 305 
 
 On the 19th, immediately after the execution of the 
 Emperor, his body was transported back to the convent, 
 whence it went forth with breathing life scarcely an 
 hour before. That lifeless corpse presented a ghastly 
 sight to the few surrounding friends that had been near 
 it when it was the tenement of the bright soul that 
 had already winged its flight with more than the wild 
 lightning s speed to mingle with others around the 
 heavenly throne. Alas ! what an hour may bring forth ! 
 It was a mournful proof that there is one event unto 
 all. 
 
 The work of preservation was forthwith commenced 
 by Drs. Rivadeneyra and Licea, in the presence of Dr. 
 Basch ; the latter having no right to dictate as to the 
 mode of procedure in the embalming, but only to make 
 suggestions. The physicians had no naphtha to use in 
 the work, but injected chloride of zinc into the arteries 
 and veins, having taken out the intestines, heart, liver, 
 lungs, etc., leaving the frame by itself. That operation 
 lasted three days. During these nights the body was 
 kept in alcohol, save the head. It was varnished twice, 
 each time occupying two days in drying, and was hung 
 up for that purpose. Nearly eight days were occupied 
 in completing the process of embalming. 
 
 All the parts taken from the interior of the body 
 were prepared by being mixed with the powder of tan 
 nin and gauls. 
 
 The body was afterward dressed in black pants, mil 
 itary boots, with the blue campaign coat which the de 
 ceased wore, with plain gilt buttons, buttoned up to the 
 neck ; black neck-tie, and black kid gloves. Black glass 
 eyes were placed over his natural ones. Glass eyes of 
 the color of Maximilian s could not be obtained. Rob 
 bing the face of a portion of its whiskers, and the head 
 of its hair, and changing the color of the eyes, have 
 somewhat disfigured the remains. 
 
!>Q6 MAXIMILIAN. 
 
 The coffin in which the body was placed was made of 
 cedar and lined with zinc. Within the metallic lining 
 was another of cambric. Under the head was placed a 
 black velvet pillow trimmed with gold thread, with 
 gilt tassels at the four corners. The exterior of the cof 
 fin was covered with black velvet, ornamented with 
 bands of gold lace. The cover over the face was of 
 glass. Near the foot of the coffin and parallel with it 
 were two small compartments, one on each side, and 
 about two feet in length. In the one on the left side were 
 deposited the heart, liver, and lungs ; and in the other 
 the remainder of the substances taken from the in 
 terior of the body, all which were mixed with charcoal 
 and chloride of lime. 
 
 The coffin thus arranged, with its contents, was placed 
 in one of the churches at Queretaro, and subsequently 
 moved to the Governor s quarters. For the first two or 
 three weeks after the embalming the body looked toler 
 ably well; but a month s time darkened it, and it soon 
 gave increasing evidence that the work of attempted 
 preservation had been badly done. While in the quar 
 ters of the Governor, it was seen with the glass cover 
 cracked and spotted with candle-grease, as though 
 stowed away like so much worthless trash. 
 
 Baron Magnus who had been most faithful to the 
 Emperor during his imprisonment, and was still anxious 
 to render favors to the family of the deceased, as well as 
 to carry out his own desires presented the following 
 solicitation to the Minister of Foreign Relations : 
 
 " SAN Luis POTOSI, June 29th, 1867. 
 
 " SIR : The prisoner Prince at Queretaro, the evening 
 before his death, expressed, in a letter signed by his 
 hand and directed to General Escobedo, the desire that 
 his mortal remains be confided to us, myself and Dr. 
 Samuel Basch, physician of the deceased, in order that 
 
MAXIMILIAN. 307 
 
 Dr. Basch might accompany the body to Europe, and 
 that I might charge myself with having the body em 
 balmed, as well as with all that which concerns its 
 transportation to Europe. 
 
 "In conformity with the will of the deceased Prince, 
 which he expressed to me verbally, the transportation of 
 his remains should be done without any ostentation, and 
 in such a manner as may carefully avoid anything which 
 might excite demonstrations or even public curiosity 
 alone. 
 
 "Reiterating, in consequence, the demand which I 
 have had the honor to express to His Excellency, to 
 please cause the necessary orders to be given that the 
 mortal remains may be confided to me ; it would be 
 agreeable to me, should it please the Government, to 
 transport the body to the coast and on board of one of 
 the vessels of the Austrian navy stationed at Yera 
 Cruz. 
 
 "I avail myself of this occasion to repeat to Your 
 Excellency the assurance of my high consideration. 
 
 " A. Y. MAGNUS. 
 " His EXCELLENCY D. SEBASTIAN 
 LERDO DE TEJADA." 
 
 The minister responded to the foregoing communica 
 tion with the following note : 
 
 " SAN Luis POTOSI, June 30th, 1867. 
 " To SENOR BARON A. Y. MAGNUS, <fcc., &c., &c. 
 
 " SIR : I received the communication which you were 
 pleased to direct to me yesterday, stating that the 
 Archduke Ferdinand Maximilian of Hapsburg, on the 
 evening before his death, expressed the desire that 
 his mortal remains should be confided to you and Dr. 
 Samuel Basch, to transport them to Europe. 
 
 " According to what I had the honor to manifest to 
 
308 MAXIMILIAN. 
 
 you before, the Government of the Republic believes 
 that for various considerations it cannot permit the 
 mortal remains of the Archduke to be carried to Europe. 
 
 " For this reason, I am pained to answer you, that the 
 Government cannot give the orders which you have de 
 sired, with that end. 
 
 " I avail myself of this occasion to repeat to you, Senor 
 Baron, that I am, very respectfully, 
 
 " Your obedient servant, 
 
 " S. LEKDO DE TEJADA." 
 
 The body of the Emperor was again solicited on the 
 part of his physician in the following terms : 
 
 " C. LERDO DE TEJADA, Minister of Government and of 
 Foreign Relations : 
 
 " The undersigned, with due respect, has the honor to 
 present to you, Citizen Minister, that : 
 
 " As private physician to the deceased Archkduke 
 Maximilian, I was charged by him to carry his body to 
 Europe, with the object of delivering it to his family. 
 
 " That such was his will is shown by the letter signed 
 by himself, which on the 16th of June last past he di 
 rected to D. Carlos Rubio, in Queretaro, and a copy of 
 which I have the honor to annex hereto (Sub. A), as 
 well as the letter of the 18th of the same month, the 
 original of which is in the hands of C. General Esco- 
 bedo, as it is shown by the letter of C. Colonel Ricardo 
 Villanueva, which (Sub. B) is found hereto annexed. 
 
 " The fulfilment of this request I consider a sacred 
 duty, and I hasten in its performance to solicit you, Cit 
 izen Minister, to be pleased to grant that the above-men 
 tioned body be delivered to me ; supporting this solicita 
 tion by the fact that, by a superior order, the bodies of 
 his companions in misfortune have been delivered to the 
 
MAXIMILIAN. 309 
 
 families, and that never, and in no time, has the supreme 
 government refused to deliver any corpse to the rela 
 tives who asked for it. 
 
 " I beg, finally, that you will condescend to answer 
 my respectful solicitation, whatever that answer may be, 
 in order that, on returning to my country, I may be able 
 to justify myself before the family of the deceased Arch 
 duke, in having done on my part all that I could to suc 
 ceed in transporting the body in question. 
 
 " Which will be received as a favor from you by 
 " Your most respectful servant, 
 
 " DR. SAMUEL BASCH. 
 " C. MINISTER. 
 " MEXICO, July 27th, 1867." 
 
 The above petition produced the following response : 
 
 " Minister of Foreign Relations and of Government. 
 Department of Government, Section 1st. 
 
 " In view of your petition of day before yesterday s 
 date, for permission to convey to Europe the mortal re 
 mains of the Archduke Maximilian, the C. President of 
 the Republic has determined that for various and grave 
 considerations the petition cannot be acceded to. 
 
 "Independence and Liberty. Mexico, July 29, 1867. 
 
 " LERDO DE TEJADA. 
 " To DR. SAMUEL BASCII." 
 
 The following message was sent by the Military Com 
 mander of Vera Cruz to the Minister of War : 
 
 " Telegram From Yera Cruz to Mexico. Received 
 in Mexico the 26th of August, 1867, at 7 o clock and 29 
 minutes of the night. 
 
310 MAXIMILIAN. 
 
 " C. MINISTER OF WAR : 
 
 " The Austrian Admiral, Tegethoff, arrived this morn 
 ing at Sacrificios, in the war-steamer of his nation, JEliz- 
 abeth? He sent a message to this military command, 
 stating that he desired to pass to the Capital, and to 
 obtain permission from the Supreme Government to 
 carry away the body of Maximilian. I desire to know 
 whether I must prohibit his going to Mexico. 
 
 " ZEREGA." 
 
 The answer sent was as follows : 
 
 "Telegram Office of Minister of War and Navy, 
 Mexico, August 26th, 1867. 
 
 " CITIZEN MILITARY COMMANDER OF YERA CRUZ : 
 
 " The President of the Republic has been informed 
 that Admiral Tegethoff has arrived at that port, and 
 that he desires to pass to this Capital. You can let him 
 pass without objection. 
 
 " MEJIA." 
 
 Messrs. Mariano Riva Palacio and Rafael Martinez de 
 la Torre, two of the counsel of Maximilian, presented 
 themselves before the Minister of Foreign Relations on 
 the third of September, and stated to him that Admiral 
 Tegetlioff had arrived, and that he desired an interview 
 with him, the Minister. 
 
 The request was granted, and the hour of five on that 
 afternoon was designated for an audience. 
 
 At the appointed time, the Admiral, accompanied by 
 the two mentioned counsel, appeared before the Minis 
 ter, and said that he had come to Mexico with the object 
 of asking of the Government of the Republic permission 
 to carry away the mortal remains of the Archduke Max 
 imilian. 
 
 Mr. Lerdo, the Minister, replied that he would submit 
 
MAXIMILIAN 311 
 
 the petition to the President of the Republic ; and in 
 order that he might take it into consideration, the Min 
 ister requested the Admiral to be pleased to state in 
 what character he made the solicitation. 
 
 The Admiral said that when he determined to come 
 to Mexico, it was considered that it would appear better 
 to the Government of the Republic that he should not 
 come on an official mission from the Government of Aus 
 tria ; but only with a private charge from the family ; 
 for the natural feelings of affection and piety create 
 the strongest desire to possess and honor the mor 
 tal remains of the Archduke. That in consideration 
 thereof, he had only come with a private charge from the 
 mother of the Archduke, and from his brother s H. M. the 
 Emperor of Austria. 
 
 In response to an observation of the Minister, the Ad 
 miral also remarked that he had brought no written 
 document, and that his charge was given to him ver 
 bally. He added, that were it necessary, he was ready 
 to state in writing that he had come with such a charge. 
 
 The Minister concluded by saying that he would sub 
 mit to him, on the following day, the determination of 
 the President. 
 
 On the 4th, the same counsel and the Admiral re 
 turned to the palace ; on which occasion, the Minister 
 of Foreign Relations stated to them as follows: 
 
 " That the permission to carry away the mortal re 
 mains of the Archduke had been asked before, by Baron 
 Largo, Charge cV Affaires of Austria near Maximilian; 
 by Baron Magnus, Prussian Minister, near him ; and by 
 Dr. Basch, physician of the Archduke. That the Gov 
 ernment answered the three, that it had reasons for not 
 acceding to their petition. It so answered, because the 
 Government believed it to be its duty ; that in order to 
 decide whether it would permit the transfer to Austria, 
 
312 MAXIMILIAN. 
 
 of the body of the Archduke, it would be necessary to 
 have for consideration, either an official document from 
 the Government of Austria, or an express one from the 
 family of the Archduke, asking for the body, from the 
 Government of the Republic. 
 
 " That although the Vice- Admiral, by his social posi 
 tion in Austria, and by his personal circumstances, is 
 worthy of the consideration of the Government of Mexi 
 co, it cannot decide to permit the carrying away of the 
 body of the Archduke, considering that he has brought 
 no document in which is contained any of those two 
 requisites necessary in the case. And that the President 
 of the Republic has authorized the Minister of Relations 
 to say to the Vice-Admiral Tegethoif, that when any 
 of the two requisites are fulfilled, either by an official 
 act of the Austrian Government, or by an express one 
 from the family, asking for the body of the Archduke, 
 the Government of the Republic will be ready to permit 
 that it be transferred to Austria, being governed by the 
 natural feelings of piety through which the petition w r ill 
 be made. 
 
 " That the Government ordered opportunely that the 
 body should be embalmed, and that it should be depos 
 ited and preserved with the care and decorum which a 
 body merits ; which was done through the same natural 
 feelings of piety. 
 
 " LERDO DE TEJADA." 
 
 Xot many days had elapsed after the termination of 
 the foregoing correspondence relative to the body of 
 Maximilian, when the same was transported to the city 
 of Mexico, and deposited in the San Andres Hospital. 
 It was soon observed that decay was working so rapidly 
 upon it, that it became necessary to make some prepa 
 ration to arrest its progress. When the cloth bandages 
 were taken off for that purpose, the smell of putrefaction 
 
MAXIMILIAN. 313 
 
 issuing from the wounded places was sickening. It was 
 bathed for some time in a solution of arsenic, which 
 assisted in its preservation for a short while ; but it was 
 apparent that it would not long be recognizable. The 
 face was much sunken in, and the whole features were 
 gradually changing. There was a prevailing opinion that 
 the Government was ashamed to let the world know the 
 true condition of the corpse ; hence the unwillingness 
 to let any one view it. If any particular friend obtained 
 a permit from the Government to see it, he did not suc 
 ceed in so doing. The keeper gave some excuse, and it 
 so turned out in every instance, that the seeking indi 
 vidual was frustrated in his plan. In fact, I was in 
 formed that the keeper in charge of the corpse had 
 received positive orders to allow no one to see it, al 
 though the persons presenting themselves there for that 
 purpose should bring written permission from the high 
 est officer in the Government. 
 
 After the second process of attempted preservation 
 of the body was completed, it was attired in a suit of 
 black, and laid in a new coffin made of granadilla wood, 
 which was elegantly polished, and ornamented with a 
 few carvings. 
 
 On the 9th of November the corpse was delivered to 
 Vice-Admiral Tegethoff by the Mexican Government, 
 after the following official correspondence in relation 
 thereto : 
 
 Count Beust to the Mexican Minister. 
 
 " VIENNA, Sept. 25, 1867. 
 
 "EXCELLENCY: A premature death having torn the 
 Archduke Ferdinand Maximilian from his relatives, his 
 Imperial and Royal Apostolic Majesty has the very 
 natural desire that the mortal remains of his unfortunate 
 brother may find their last repose beneath the vault that 
 
 14 
 
314 MAXIMILIAN. 
 
 covers the ashes of the princes belonging to the house 
 of Austria. The father, the mother, and the remaining 
 brothers of the august deceased share in this desire with 
 an equal earnestness, as likewise do all the members of 
 the Imperial family. 
 
 " The Emperor, my august master, has the confidence 
 that the Mexican government, listening to sentiments 
 of humanity, will not refuse to mitigate the just grief of 
 His Majesty by facilitating the realization of this desire. 
 
 " To that end, Vice- Admiral de Tegethoff has been 
 sent to Mexico with orders to address to the President a 
 petition for the delivery to him of the remains of His 
 Imperial Majesty s beloved brother, so that they can be 
 conveyed to Europe. On my part, I am charged, in my 
 capacity as Minister of the Imperial Household, to re 
 quest the kind interposition of your Excellency for the 
 object of securing for the Vice- Admiral the authority 
 necessary to that effect. 
 
 " I have the honor, Excellency, of asking that you will 
 convey, in anticipation, to the Chief Executive the ex 
 pression of gratitude on the part of the august Imperial 
 family for the granting of this petition ; and accept for 
 yourself the expression of that same gratitude for the 
 good offices which you may have to perform. 
 
 " I avail myself of this occasion to present to your 
 Excellency the assurances of my high consideration. 
 
 " BEUST, 
 
 Chancellor of the Empire, and Minister of 
 the Imperial Household. 
 
 Reply of Senor Lerdo de Tejada. 
 
 " DEPARTMENT FOR FOREIGN AFFAIRS, > 
 MEXICO, Nov. 4, 1867. f 
 
 " EXCELLENCY : Vice- Admiral de Tegethoff has deliv 
 ered to rne the note which your Excellency addressed 
 me on September 25 last. 
 
MAXIMILIAN. 315 
 
 " Your Excellency informs me therein that His Ma 
 jesty the Emperor of Austria has the very natural wish 
 that the mortal remains of his brother, the Archduke 
 Ferdinand Maximilian, may find their last repose beneath 
 the vault that covers the ashes of the princes belonging 
 to the house of Austria ; that the father, the mother, 
 and the remaining brothers of the deceased Archduke 
 share in this desire, as do likewise all the members of 
 the Imperial family ; and that His Majesty the Emperor 
 having the confidence that the Mexican government will, 
 out of sentiments of humanity, facilitate the realization 
 of this request, has sent to Mexico the Vice-Admiral de 
 Tegethoif to solicit of the President permission to con 
 vey the Archduke s remains to Europe. 
 
 " Fully impressed with the just sentiments set forth 
 in your Excellency s note, the President of the Republic 
 has not hesitated to take measures so that the natural 
 request of His -Majesty the Emperor of Austria, and of 
 the Imperial family, may be duly heeded and carried out 
 with distinguished consideration. In accordance with 
 the dispositions of the President, I have made known to 
 Vice-Admiral de Tegethoff that the mortal remains of 
 the Archduke Ferdinand Maximilian shall be at once 
 delivered to his care, in order to convey them to Austria, 
 and thus accomplish the object of his mission. 
 
 " I have the honor, Excellency, to assure you of my 
 most distinguished consideration. 
 
 " S. LEBDO DE TEJADA. 
 
 " To his Excellency Count of BEUST, Chan 
 cellor of the Empire, and Minister of the 
 Imperial Household of Austria, Vienna. " 
 
 On the 10th of November, Vice-Admiral Tegethoif, 
 several other Austrian officers, and a Mexican force of a 
 hundred men, escorted the remains of Maximilian from 
 the city of Mexico, and reached Vera Cruz on the 25th, 
 
316 MAXIMILIAN. 
 
 at four o clock, p. M. The Ayuntamiento of Vera Cruz 
 met the cortege at Potrero, about two miles distant from 
 the city, and returned with it. The coffin was deposited 
 in the Parochial church until six o clock the next morn 
 ing, whence it was removed to the Austrian war-steamer 
 Novara, en route for Vienna. The saloon was draped 
 in mourning ; in the centre of which, a table covered 
 with black cloth, supported the coffin. At the head 
 was erected an altar bearing a cross with the image of 
 the Saviour ; on the right, hung the Austrian flag ; on 
 the left, the Mexican; both with drapery of black 
 drooped upon the coffin over all which laid a sword. 
 Around the coffin stood six large silver candlesticks, 
 supporting each a large lighted wax-candle. Two armed 
 sentinels stood near by, day and night. 
 
 At about nine o clock that morning, religious service 
 was performed; and at one o clock, p. M., the JVbvara 
 steamed from the Mexican coast for Havana, arriving 
 there on the first day of December. The Cuban Gov 
 ernment had made extensive preparations for imposing 
 obsequies, and communicated with Admiral Tegethoff 
 in relation thereto. The Admiral replied that his in 
 structions would not permit him to allow any funeral 
 pomp. 
 
 The JVbvara remained in that port until six o clock, 
 p. M., of the 4th, when she weighed anchor and sailed 
 for Austria. 
 
 Large crowds of people had gathered upon the 
 wharves, in little boats, and at the windows, long before 
 the hour of departure. At half past five, the bands on 
 the two Spanish war-steamers Gerona and Tetuan, com 
 menced to play funeral marches. On ships and forts, 
 waved at half-mast the Austrian and Spanish colors, 
 wreathed with black crape. And as the JVbvara 
 ploughed the water out into the sea, all the Government 
 bands united to freight the air with martial funeral 
 
MAXIMILIAN. 3 1 >j 
 
 notes. The Austrian fleet in the Levant have been or 
 dered to return to escort the Nbvara as she nears the 
 Austrian coast. 
 
 It will be remembered that the Nbvara carried Maxi 
 milian and Carlota to their new home when both were 
 m blooming health and in high spirits, as the elected 
 Sovereigns over many subjects. 
 
 But how changed ! That Emperor is now a subject 
 Death ! great proprietor of all." The humble clay 
 of that once noble chief has crossed the boundino- main 
 to his native land again, where father, mother, brother 
 and others of imperial and royal blood, await its coming 
 in mourning and sorrow; where the heaving sigh and 
 moistened cheek can but faintly attest the depth of 
 smothered grief; where the monumental stone shall 
 mark the final rest of MAXIMILIAN I. 
 
 "Deep for the dead the grief must be, 
 Who ne er gave cause to mourn before." 
 
This 
 
 cou-SJSaa, a-arSSE 
 
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