JUAREZ CESAR CANTÜ. A nEFtTATION OF THE CDAE(ÍES PEEFEBEED BY TOE ITALIAN HISTOKIAX, IN ills LA^T WORK AGAINST THL AMEKICAN PATKIOT. Conscience demands that the accuser shall prove the veracity of the charges he makes.— Cesar Cantú. — hi his Bio^aphy of Maximilian. OFFICIAL EDITION. MEXICO. PRINTING OFFICE OF THE FEDERAL GOVERNMENT, Sabás A. Munguia, Director. 1885 ÍHf^^ great intellectual gifts wliicli distinguish and recommend the historian Cesar Cantú ha- ^ ve properly earned for him the merited re- y putation he enjoys in the civilized world; and we, who have always been his sincere admirers, are to-day the first to acknowledge that universal opinion. It is precisely because of his fame as a historian that we lament the fact that Cesar Cantú, when referring to matters relating to the Mexican Republic, whether he narrates the history of the past or treats of contem- poraneous events, has not adhered to that histori- cal accuracy which it is his bounden duty to observe, and which impartial criticism should not alter in any •way. "7w Mexico n — says Cesar Cantú, in his work en- titled THE HISTOEY OF THE LAST THIRTY YEAUS—Hvhile u Spain tvas ivarring against Napoleon /, the noUes and iii/ie clergy unfurled the banner oftlie ancient Astee mon- uarchs, the tvhite and hi ue standard of the Virgin of Gua- ^'dalupe^ and separated from the mother country, etc. -i S/S3? Cí3f This iTü pardonable error as to tlie liistoric origin of tlie independence o£ Mexico, is repeated by Cesar Cantil in liis biography of Maximilian. It wonld be difficult to explain tliis error of judgement on tlie part of the eminent historian otherwise than by attributing it to the lack of authentic data respecting a matter so well known, and so different from the account pres- ented in the Ilistori/ of the last thirty years. But be it as it may, and even admitting every attenuating cir- cumstance in his excuse, the fact remains that Cesar Cantú has persisted in errors which are foreign indeed to his general impartiality, when, in the biography of Maximilian, he formulates his charges against the great reformer, the great defender of the independence and autonomy of Mexico, Benito Juarez. The charges against that spotless patriot, are as follows: " Juarez promised the territory of Sonora to the United " States, and hy these means he secured his recognition (as "President), n '^ The hody of Maximilian, which the hutchers of the *' Prince had solemnly promised to deliver, had to he ran- ^^somedfrom that dishonorable' and heartless oligarchy at " the cost of entreaties and of money, n We may casually remark, that in the biography of Maximilian there are some other historical errors which we do not contradict, because they really pos- sess no great importance, and have no bearing upon the principal subject of this refutation. Still, some of them deserve to be pointed out, because they indi- cate, at least, the incomprehensible carelessness of that historian when discussing the men and affairs of this country. He says, for instance, tliat Maximilian *^ granted ^^ liberty to the negroes at the same time in tchich ^^ Lincoln decreed that of the negroes in the United States.'''' What knowledge o£ Mexico, of its liistoiy, of its social condition, can a man have who, without hesitation, thus declares that there were slaves in this country when Maximilian arrived? If Cesar Cantii, in the full compliance with his duties as a historian, had consul- ted the hooks that had already heen published about Mexico, he would have learned, as we all know here, that in December 1810, the illustrious curate of Do- lores solemnly issued a decree granting liberty to the negroes; that Morelos repeated this decree on the 5th of October 1813, and that Guerrero, on the 15 th of September 1829, confirmed those prescriptions by an- other decree which contained these two articles: "1st Slavery is aboKshed in the Republic." "2nd All persons who hitherto have been consi- dered as slaves, are free. " But there is yet something more to he noted. Max- imilian, far from having abolished slavery, which did not exist in Mexico, entertained the idea of re-establish- ing that hateful institution, acting, for this purpose, in accord with the Southern Confederacy, as may be seen by innumerable documents which are to be found in the fifth volume of tlie Correspondence of the Mex- ican Legation in Washington, and which were publish- ed here in 1871. He says also that Juarez "/rom the adjacent territory (alluding to the United States) continued to call himself the legitimate Chief of Mexico, " when all the world knows that Juarez never for a moment abandoned the national territory. To such a degree of confusion do tlie statements and the appreciations of the Itahan historian reach, that amongst the few Mexicans whom he eulogizes, he mentions Zaragoza, without consider- ing the fact that the well deserved fame of this noble champion of independence and reform, was won prin- cipally by his splendid victorj'' over the French army sent by Napoleon III to realize the most glorious page in the history of his reign, which consisted in placing the Achduke Maximilian on the throne of Mexico. Let us proceed now to discuss the principal charges preferred by Cesar Cantu against Benito Juarez. (U^Jm^^OAa^^^^ The Sonora Matter. 6 E do not liesitate to do full justice to tlie Italian historian by declaring that, with liis ^^ great learning and correct judgment, he could *^ e^ not have acted in bad faith when he wrote against Juarez, thus permitting himself to become a voluntary accomplice or instrument of ignoble pas- sions. But it is important to state that C esar Cant u. was a personal friend and professor of Maximilian; that the latter had conferred upon him honorary ap- pointments and commissions in public instruction, and that therefore he was not in a position of complete independence to judge of Mexico and of Juauez with entire impartiality. In addition ; it is not a secret that this historian belongs to the Conservative party of Europe, and that he has maintained his sympathy for the Pope and the Clergy, having even acted as Secre- tary to an (Ecumenical Council. These were not, as we have said before, the most fitting conditions to judge impartially of Juarez, who in Mexico was the 8 cliampion o£ reform ; and wlio, far from su"bmitting to Maximilian, as certain deluded parties anticipated, fought against liim witliout truce or rest, and thus worthily responded to tlie confidence universally re- posed in liim by liis countrymen. Witlie regardto tlie judgment of tlie liistorian, we tliink tlie foregoing is sufficient to show the rock upon Avhich his impartiality stumbled. With respect to the fact as it really is, we have to present it with all its antecedents. These are as follows: In the session of the Spanish Senate, held on the 24 th of December 1862, when discussing the reply to \^ the speech from the Throne, General JD 'Do nnell, then j) President of the Cabinet, said: ^^Jtiarcz^ as a Mexican^ "has, in my opinión, a stain ivhicli can never he effaced. '"^Juarez has signed a treaty hy which he sells to the United- " States ttoo provinces under tlie title of a pledge for two ^^ years, as a guarantee for a loan This is a stain ^^ivhich I cannot imagine hoto tlie Mexicans ivill view. " Were la Mexican, I never ivould forgive him^^ ^ The Duke of Tetuan was, then, one of the first who launched this unfounded accusation against the patriot Benito Juarez; but it was also to him that the illustrious Mexican first gave a solemn contradiction by publishing the letter which appeared in the Diario 1 A clear proof of the candor of General O ' Donell, as well as of tlie value of the som'ces from which he obtained his information, is the fact that during the same session of the Senate and in the same speech, he read a communication from the Conservative leader Don Felix Zuloaga, dated in Habana, August 14th 18G2, in which this gentleman attributes to Juarez the intention to "exterminate the whole ivhitcrace in Mexico." How then can it siu-prise us that the Duke of Tetuan should have given credit to the false report relative to the sale of the two provin- ces, if he believed that Juarez was the promoter of a war of races? Oficial of February 23rcl 1863. Juarez descended vo- luntarily from liis lofty position as President, so tliat, as a simple citizen, lie miglit say to tlie chief of tlie SpanisL. cabinet: ^''You are authorized toiniblish the proofs you may have upon this matter. " The most absolute si- lence was the attitude assumed by O'Donnell, thereby demonstrating, once and for ever, the absurdity of the calumny with which it was attempted to blacken the brilliant reputation of the indefatigable defender of the independence of Mexico and the integrity of its territory. It will not be out of place here to produce this let- ter of Benito Juarez, and the article which was writ- ten upon the subject by Don Manuel M. Zamacona, who was at that time editor of the Diario Oficial. The following are the documents: «The DiarijiM the Government of the Mexican Repub- lic. — Volume I, mimber 16, February 23 rd, 1863. "A calumny against the President of tlie Eepnblic. «We have just received this letter: — National Palace, City of Mexico, February 22 nd, 1863. — To the Editor of the Diario Oficial — My dear Sir: — I have just read in the Monitor Bepiiblicano of this date the speech which Señor O'DoneU, President of the Spanish Cabinet, deHvered in the discussion of the reply to the speech from the Throne, and I have seen with surprise, amongst other inaccurate statements, that Señor O ' Donnell uses, in judging of the men and affairs of Mexico, the following remarkable words « Juarez, as a Mexican, has, in my opinion, a stain which can never be effaced: that of having desired 10 to sell two provinces o£ his country to the United Sta- tes». . . . This accusation, madelDy a high functionary of a nation, and on a serious and solemn occasion, in which a statesman ought to be careful that his words shall carry the seal of truth, of justice and of good faith, is an ac- cusation ser iousl y grave, because it might be suspected that, by reason of his high position, he holds documents to prove his statements. Yet this is not true. Señor O'Don- nell is hereby authorized to j^ubhsh the proofs which he may hold with regard to this matter. In the meanwhile my honor obliges me to state that Señor O'Donnell has erred in the judgment he has formed of my ofíicial pro- ceedings ; and I authorize you, Mr. Editor, to deny the imputation which is thus so unjustly made against the Chief Magistrate of the State. — I am, Mr. Editor, your obedient servant. — Benilo Juarez. y> {( Most wilhngly we comply with the request made in the foregoing letter. Our testimony can add nothing to the weight of the noble and sincere asseveration of the Chief Magistrate of the Repubhc. Nevertheless, we avail ourselves of this oi^poi'tunity to declare that we have been induced by the firmest con\nction to designate as a cal- umny, in the heading which we have given to these lines, that which the Chief of the Spanish Cabinet has uttered in his recent speech before the Cortes, when alluding to the present President of our Republic. An affirmation so false, when heard from the lips of a person in so high a position, makes us comprehend to what extent the sys- tematic defamation made by the press and by intriguers has misled the judgment of pei'sons who have the oppor- tunity, and whose duty it is, to be well informed as to the affairs of Mexico. «The speech of Marshal O'Donnell, which is the motive for this explanation, renders other important rectifications also necessaiy. Wo shall devote a subsequent article to 11 this end, and we may perhaps make use of that opportunity to examine how far it may be legitimate to censure our governments for the manner in which they exercise the sovereign power of the Repubhc with regard to the free disposal ofits territory. We do not mean to say that the preservation of the integrity of the Nation does not form a part of our principles; but the susceptibility of our in- dependence is hurt when we see the effort to make it a crime, on the part of Mexico, to do that which European nations do every day. We see that we are banned for an alleged attempt to cede two of om^ States, when no blame is uttered against the cession, for instance, of the two pro- vinces, the acquisition of which has recently made the Emperor of the French so vainglorious in his speech at the opening of the legislative sessions. We are more jeal- ous of the integrity of Mexican territory than are our censors across the seas; but we protest that no excep- tional law should be exclusively invented for our own country. « Let the question of law be what it may, we entertain the most profound conviction that not only has the Gov- ernment of Mexico never thought of ahenating one singlo inch of the Repubhc, but that the very idea of such an act has always been rejected with repugnance and indig- nation by the present Executive. It is difdcult for Spain to comprehend the absurd aspect which, for us who know the President of the Republic and who have been asso- ciated with him in his official acts, is presented by the imputation that he has attempted the alienation of na- tional territory. We who have witnessed how he has re- sisted unhesitatingly the tempting offers which impHed the salvation of the country in its present crisis, solely because these offers involved a depreciation of the na- tional sovereignty or of the rights emanating therefrom; we who know, (and every Mexican knows) that on this matter the Chief Magistrate of the Republic is guided by something hke a prejudice which is characteristic of him, we all can look with contempt, because of its improb- 12 ability jUpon the imputation to wliich we refer as simply absurd, were it not that the position of its author and the oc- casion which upon it was made, gave it another character. This makes it clear that, although the Mexican question has lately been widely discussed, great errors yet remain to be dissipated, and great truths to be brought to hght. « The characteristic susceptibility of the President of the Republic, on the subject under consideration, explains the promptitude with which, inmediately after the arrival of the last news from Europe, he felt inclined to make by himself, and in a letter written by his own hand, the ex- planation we have just inserted. In that letter he invites Marshal O'Donnell to publish the dataupon which he has attempted to attribute to the President of Mexico the intention to alienate a part of our territory, and we feel sure that such data will never be produced, because it is simply impossible to produce the proofs of that which has never occurred. This is known to all the inhabitants of the Republic ; and were it not unworthy of the Chief of the Nation to appeal to witnesses, ho could invoke the testimony of eight millions of Mexicans. «Marshal O'Donnell repeats, without knowing it, one of those charges which the personal enemies of the President have propagated all over Europe, conscious as they are that the silly and absurd nature of these calumnies makes it impossible to circulate them in Mexico. It has been once attempted to use these arms even here against the Chief of the Nation ; but a victorious vindication was the imme- diate result, and public opinion has rendered its accustom- ed tribute to justice, and has confounded the calumniator. «As a proof of this, we deem it opportune to reproduce an article published in the Sigh XIX, during the early days of June 1861. ' — M. M. Zamacona.y> 1 The article to which Mr. Zamacoua refers will be iusei'ted here- after. 13 Upon landing in Veracruz, Greneral Forey said : " Jii is not against tc Mexican ^jeople that I come to malee ^^tvar, hilt it is against a liandful of men ivithout scruple ^^ancl ivitJioitt conscience, tclio have trampled upon justice^ ^^ governing hy means of sanguinary terror, and tvho, to ^''support tJiemselves, are not ashamed to sell the territo^-y of ^Hheir country to foreigners hy piecemeaV^ It was natural tliat tliis calumny, uttered by the chief o£ the expedition, or rather by Napoleon III himself, since it was he who indited Forey 's proclam- ation, should find an echo later on in the French Le- gislative Body, and it was there in fact where M. Corta repeated, on the 15th of April 1865, the ac- cusation against Juarez, affirming most positively that he had sold the State of Sonora to the United- States for seventy five millions of francs. Just as it might be expected, the calumnious statement was immediately denied, and it was Mr. Romero who den- ied it, in a letter dated the 2nd of May of the same year, which he addressed to the President of the Associated Press of New-York. The letter was published in the newspapers of said city. In the resolutions reported by the Committee ap- pointed by the Council of Notables to decide upon the form of government which should be given to Mexi- co, a committee Avhich was composed of Don Ignacio Aguilar, Don Joaquin Velasquez de Leon, Don Teófi- lo Marin, and Don Cayetano Orozco, it was said : " The "tvorld already hnoivs the attempts made hy the Govern^' "ment of Juarez in Veracruz, and after ivards in Mexico^ ^Ho obtain a direct protectorate hy the United -States, ivhicli ^^ would have heen the death of our independence.''^ 14 It is thus seen that at all times even to the present, the political enemies of Mexico, that is to say, the partisans o£ the Church and of the Empire, have sought to stain the historic reputation of our great citizen, by attributing to him the intention, and even more, the attempt to sell the national territory to the United- States. The Diario Oficial of the Empire^ of June 26th, 1865, constituting itself, in had faith ^ the echo of the state- ments published by a foreign newspaper, said, when speaking of Maximilian: "/¿¿s oivn predecessor (Juarez) offered the "very same territory (Sonora) to President Lincoln for 'Uhree millions of pounds sterling." But it is not strange that foreign speculators and wandering adventurers should accept the calumny when there were Mexicans who, perhaps without con- viction, undertook to propagate it. One of them was the laAvycr Don José Maria Aguirre, who in 1861 was enrolled with the fifty one members of Congres Avho endeavoured to declare the election of President Juarez null and void. Mr. Aguir- re formulated the same charge against Juarez; a char- ge Avhich was rejected as unfounded by the same members of the opposition belonging to the fraction of the fifty one. That distinguished journalist, Fran- cisco Zarco, chief editor of the Sigh XIX, published, in connection Avith this matter, the remarkable article which we now reproduce, and to which Mr. Zamaco- na refers in his article of the Diario Oficial already cited. That article confirms these two important truths: the refusal of Juarez to solicit foreign aid, even aga- inst the opinion of his own friends and political cor* 15 religionists, and tlie absolute absence o£ facts on wbicb to base tlie accusation preferred by Agnirre. The following is Zarco 's article: An accnsatiou against the President of tlie Kepublic. «The wliole country remembers, undoubtedly, the afflic- ting circumstances which sui'rounded the Constitutional Government in the early days o£ its permanence at Vera- cruz, when dismay reigned all over the districts subjected to the Church party, and where, it is a fact, the hberals did not abound as they do to day. The condition of the in- terior of the Republic was painful indeed, and its situation abroad could not be worse, after the empty farce of power created by the reactionary faction in Tacubaya had been recognized as the legitimate Government of the country, thanks to the intrigues and to the interests of a European diplomatist whose memory can never he forgotten. At that time it was looked upon as a hope, as an advantage, that the Constitutional Government should succeed in obtaining recognition by the United -States of America, the liberal party believing that the moral influence of the neighboring republic, its mercantile interest, and even its physical support, would be auxiharies to the national ca- use, and would hasten the triumph of right principles. «In this aspiration, which became general among the most distinguished members of the liberal party, there was one who did not participate, who .openly refused to call foreign troops to his aid, whether they were to be of the regular army of the United States, or whether they were to be volunteers who, on arriving in Mexican territory, would renounce their nationality and, after the campaign should have ended, would receive public lands on which to settle, in recompense of the services which they might lend to their adopted country. The man who thought that this plan was not consistent Avith the national deco- rum, the man who in this extreme resort foresaw a dan- 16 ger to our independence; he who never despaired of the Mexican people, believing that alone and without foreign help they would reconquer their hberty and institu- tions, was the President of the Republic; and thanks to his tenacious and obstinate resistance at that tme, we owe the failure of any international treaty between govern- ment and government, and of any contract with pr-ivate parties for the pm'pose of bringing foreign forces to the Republic to follow the Constitutional banners. In the same manner he was opposed to the idea of loans if, in the contract to obtain them, there was to be any stipul- ation which would bring with them gTcat international obligations. «What we have just stated is proved by well known facts, and it is authentic and incontrovertible. Juarez was then blamed as obstinate and pertinacious by many of his friends, a charge that was repeated later on when, with the same tenacity, he refused to accept a reconciliation with the Church party and the mediation of foreign powers in the settlement of om* internal questions. Two capital ideas were in the mind of the President: a scrupulous zeal for independence, for the nationality of his country and for the integrity of its territory, together with an un- hmited confidence in the triumph of public oi^inion, and in the people, believing that of themselves they would recover their rights without the disgrace of foreign aid. «We asserted that the President almost alone rejected the opinions which were then entertained by many mem- bers of the Hberal party, and in saying so we give to each one his due. Many military chiefs declared that it was necessary to enrol foreign volunteers. Some others wished not only soldiers but also officers. Miguel Lerdo de Te- jada and Uoveruor Zamora pai'ticipated in these ideas, which, we frankly confess, since we do not fear the res- ponsability for our opinions, were our own under those sad circumstances. In vain the President was entreated ; in vain were proposed the most studied precautions to avoid any circumstances which might injure or impair the 17 independeuce or the dignity of the RepubHc ; in vain the idea was combined with some other projects, joining it with the necessity of colonization, of making religious li- berty effective, of maintaining, after the victory, an ele- ment of material force that would complete the pacifica- tion of the country. Juarez rejected all these ideas; he had disagreements even with many of his friends. In his correspondence he always opposed the project, and perse- vering in the struggle, events have shown that he was right. Thanks to him, the Republic overcame its opressors without any other aid than that of her own resources and the intrepid efforts of her own sons. There exist a good many letters written by Juarez to prove our assertions. « So far are we from wishing now to formulate any char- ge against the persons who thought of recruiting a foreign force, that we have just said that we ourselves were among them. We believed that this was the last resort for the prompt re-establishment of peace; but we did not over- look its inconveniences, and to day we rejoice when we see that the progressive revolution, in its triumph, finds itself free from such inconveniences. « It was necessary to refer to what has passed in order to express our astonishment on seeing that in one of the late sessions of Congress, a member, Mr. Aguirre, accused the President of treason, bringing up as a reproach, the celebration of tb p^Onajupoj^Mac Lane treaty, in which, if it be true that great concessions were made to the Uni- ted-States, it is also certain that not all the advantages they sohcited M^ere granted, as is proved by the fact that the said convention was rejected by the American Sen- ate. The text of the treaty, be its tenor what it may, fur- nishes no foundation on which a charge against the Pre- sident could rest, since it is well known that the right to introduce amendments and modifications exists suntil the very moment of the ratification of treaties. As for the rest, the commercial immunities, the right of transit for American troops on certain occasions, do not involve an attack on the national independence, nor can they justify 18 the charge of treason launched forth so hastily by the De- puty from Nuevo Leon and Coahnila. « We have not the right to investigate what may be the intentions of Mr. Aguirre. Conscience is a sanctum into whicli we cannot penetrate, and we are onl}^ allowed to judge of facts from what is patent and apparent in them. «In critical and solemn moments for the country, we do not think it prudent to sxcite alarms or distrust, or to attempt to depreciate the worthy citizen whose repubh- can virtues, whose love for independence, whose sin- cere adhesion to our institutions are undoubted by the whole country, and whose constancy and integrity have contributed more than anything else to the re-establish- ment of the constitutional regimen. « If in the pretended presidential question, and we say pretended, because really there is no such question, when the laws are clear and definite, as we shall soon demons- trate, it is the intention to extol one candidate, there is no necesity to depreciate the other, nor to ignore the thousand rights whereby he has acquired the acknow- ledgements of his fellow- citizens, « But be this as it may, the accusation made by Mr. Aguirre is somewhat late, and it contradicts the eulogies which he, as President of Congress, offered to Juarez in his speech delivered on the day in which the sessions "^'ere opened. It cannot be said that the usual courtesies or the official ui'banity demanded those eulogies. The Presi- dent of Congress was only obhged to reply in general terms, and he was under no necessity to applaud the acts of the f untionary whom he now calls a traitor. «Mr. Agiiirre, when the sessions commenced, was among those who offered their support to the Executive for the purpose of consolidating the institutions, of securing the constitutional regime and of pacifying the country, flow could he believe that such noble intentions as these could be held by the Magistrate whom he now calls a traitor. « The election of Mr. Aguirre as President of Congress 19 was considered by those who are familiar with poHtics, and by the public in general, as a favorable symptom for the Executive, so much so that his Honor's name was men- tioned in the various combinations which were formed to compose a pai'liamentary Cabinet, and we do not believe that Mr. Aguirre would have refused a portfolio at that time. Would he have consented to associate himself with the President against whom he laimches forth the epithet of traitor? « We will applaud the examination of the Mac-Lane treaty and all the documents relating to it, by the Natio- nal Representation, because such an examination must result in the triumph of truth and the honor of the func- tionary who, during three years of conflict and danger, has been the firm representative of the ¡principle of legality. « But this examination can only be useful to rectify public opinion, if it has been in any way influenced by Mr. Aguirre 's words. The responsibility of Juarez is purely a matter of opinion, since the Constitution makes public functionaries responsible for consummated acts, and not for simple opinions, or on account of acts which were only in the way of being executed. « How can Mr. Aguirre know, how can the jury know, what were the intentions of Juarez respecting the Mac- Lane treaty, what the modifications he would have pro- posed, if the negotiations had been renewed, or to what articles he would have refused his ratification? This sim- ple question destroys all the charges, and the hope earn- estly expressed by some organs of the press that this in- cident would be sufficient to render it impossible for the present depository of the Executive Power to attain the Constitutional Presidency of the RepubHc. « We see with satisfaction that Mr. Ruiz, who wa^sjMi::, Ulster of Jiistice wEen the Mac -Lane treaty was nego- tiated, has promptly taken np Mr. Aguirre 's words and intends to refute tlieni. In this not only the reputation of ^ Juarez, Ruiz and the other members of the Government / of that time are interested, but also the decorum of the ' 20 liberal party and tlie dignity of the Republic, which would not be without a stain if it was a fact that a band of trai- tors had been acknowledged as the centre of the national unity. "We feel sure th at Mr. Melcho r Ocampo will not allow this matter pass unnoticed, and that with his charac- teristic frankness he will bring to light all that ought to be known. « Thus far the effect of the accusation has been con- trary to the expectations of its aiithor, whom we unex- pectedly find among the zealous defenders of individual rights, for we remember that they did not merit too much respect from him when he was a member of the Cabinet of General Ai'ista. « Congress, instead of being alarmed, instead of sud- denly distrusting the Executive, silenced the accusation by passing a vote of confidence and approving in general the suspension of guarantees, whereby the power and au- thority of the President of the Republic is strengthened. « It would be painful on this occasion to di'aw a para- llel, between the public hf e of the accused and that of the accuser. II we did, we could then see on whose side are to be found the greater firmness of principles, the greater political consistency, and the greaier adhesion to democra- tic institutions. But so ungrateful a task is altogether useless, since the charge of treasoiijjref erred against Mr. Juarez can find no echo in public opinion, which beholds in this citizen one of the most illustrious and noble na- tionalists who have presided over the destinies of the country. « Public opinion cannot hesitate between Mr. Juarez and the author of the celebrated decree of the 21 st of Sep- tember 1852, which suppressed the liberty of the press. — Francisco Zarco.)) Even in our own days, although it seems incredi- ble, the attempt has been made to prove that Juarez sold to the Americans a part of the national territory, under the pretext of a contra<5t for colonization. 21 Wliat is strange, wliat is incomprehensible, is tkat the man who unceasingly struggled against three Eu- ropean powers, always defending the integrity and the autonomy o£ his country, is precisely the man who is accused of ha^dng entered into unworthy treaties, whether with a foreign government, or whether Avith private colonization companies, to sell to them the honor and the territory of Mexico. There are accusa- tions so absurd, that, frankly, they do not deserve the honors of refutation. In order to judge, as justice demands, of the public life of Juarez, it must be borne in mind that, sangui- nary and fierce as was the struggle sustained by Me- xico against the French army, and against the Church partisans who joined the foreign invaders, thanks to the energy of Juarez, worthily supported by the libe- ral party, that war terminated without the loss of one single inch of our territory, without recognizing on our part, any indemnity or debt to the enemy in the event of signing with him a treaty of peace. As a contrast, we can cite what occurred after the colossal war between France and Germany. France lost Alsace and Lorraine, and was obhged to pay to Ger- many an indemnity of five thousand millions of francs. Italy, in her war with Austria, had to cede Nice and Savoy to France. And this has happened not alone in Europe. We have seen in America what Peru has lost in her war with Chili. Mexico alone, without signing a treaty, without granting away any right, without even listening to the terms of the invader, saw the war ended without 22 making any sacrifice, either o£ lier liouor, lier dig- nity, or lier independence, or of tlie integrity of lier territory. And altKongli this has happened before ovir own eyes, there are still persons who believe, or pretend to believe, and say that Juarez intended to cede to the Americans a portion of onr national territory ! In the presence of an accusation which, having been so often repeated, has become puerile, and wit- nessing this fruitless desire to stain the spotless repu- tation of the patriot Benito Juarez, we must exclaim with Cesar Cantú himself: " Conscience demands that the accuser shall prove the veracity of his charges, and here the accused demands in vain the proof, the docu- ment, THE COURT OF HONOR, u But the truth manifests itself in such a manner and with such force, even to those most blinded by error or dominated by passion, as to make Cesar Cantii him- self confess, in his biograply of Maximilian, that Juarez^ ex-President of the RepuhUc, ivas .... the re- presentative OF THE NATIONAL PARTY. .. It seems pro- per to mention this confession made by a personal friend of Maximilian, who was decorated by the lat- ter with the Order of Guadalupe, since the partisans of the Empire have often declared that Juarez was the chief of the Mexican bandits, and that, support- ed by an oppresive minority, he imposed his will upon the Nation without having had its support at any time. Cesar Cantú acknowledges also that that ivar (the Mexican) icas intensely unpopular in France, hut very favorable for the hanldng house of Jccher." This declara- tion places Maximilian in a very bad predicament. 23 making liim appear as an instrument or accomplice o£ that scandalous speculation in wKicli Nopoleon III himself, the Duke of Morny and Jecker, were the pro- minent actors. On the other hand, the Italian historian adds : "i^o- rey and Baza'mc achieved easy triumphs and captured Pue- bla and Mexico," and not a word does he say about the battle of the 5 th of May 1862, nor does he even men- tion the name of Laurencez. It is not in this way that history ought to be written; and it is difficult to belie- ve that Cesar Cantú paid such a tribute to human frail- ties, in the presence of his own contemporaries, when speaking of events which made so much noise in the world, beause of their great importance and their im- mense signification. In a book entitled: '^Lomtardy in the XVI Centu- ry" Cesar Cantú wrote the following words, which we take up and accept as thet best defence of Mexico and of the immortalJuarez: "When HAS IT BEEN SEEN THAT SOPHISTRY AND BAYONETS COULD PREVAIL OVER THE FORCE OF TRUTH, AVHICH IS THE MOST IRRESIS- TIBLE OF FORCES I " How can it be explained that a person who thinks so justly, and Avho formulates such a magnificent axiom, should fall into the errors that his history con- tains, with regard to events the effects of which are still felt, and which have been judged of in Europe with all exactnees by truly impartial minds? The reply to this question will appear natural to our readers, if they take in consideration the circum- stances which we now proceed to mention. Cesar Cantú was seventy two vears old when he 24 published the first edition of his work in 1879, in the preface of Avhich he said, with honest frankness: ''/ describe a past tvhich dates from yesterday. Conciseness OBLIGES ME TO AGLOMEEATE ASSERTIONS WITHOUT PEOOFS OE PEESONAL JUDGEMENT. " It is not strange that in writing thus WITHOUT PROOFS (and he himself confesses the fact), Cesar Cantu should have incurred so many errors when speaking of Mexico and of Juarez, Having thus demonstrated that the champion of Reform, who was also one of the most prominent de- fenders of the independence and of the integrity of Mexico, was very far from selling or mortgaging one single inch of the national territory, let us now see where were, and Avho truly were those that really sought to take posession of Sonora, with the pompous pretext of returning to the Latin race its vitality and its prestige on the other side of the Ocean. In order to make these details known to Cesar Can- tu himself, who appears to be ignorant of them, we will take as a preferable text the work written by Don Francisco de Arrangoiz, an author who certainly can- not be suspected by the Church party, and who moreo- ver served Maximilian, and was an ally of the invader. In his work entitled: Mexico from 1808 to 1867, Madrid^ 1872, volume III, we find the following pages : « Page 143. — We sought neither conquest nor the es- tabhshment of colonies, says the Minister for Foreign Affairs, while one of the objects of the intervention, the first in the mind of Napoleon, was the posession of the State of Sonora, a colonial estabhshment ' which would have been a great and useful acquisition for France." 25 «Page 153. — "When the success of the expedition was perceived the pi'ojects of speculation were started in Paris, and many persons, among them some of high position who had been most opposed to the expedition and had most severely criticised Napoleon, were the first to endeavour to profit by his triumphs. The Sonora mines were the spe- culation which had most partisans. They did not know, as the Mexicans then did not know, that Napoleon had already taken his measures to convert that rich State into a French colony; a project which he afterwards part- ly abandoned, because His Majesty undoutedly under- stood all the inconveniences it presented, and he limited his desire to have a treaty made in Mexico between Al- monte and Salas and M. de Montholon, successor of Salig- ny, by which treaty mining privileges, in open opposition with the laws of Mexico, were granted to France; privile- ges which were really a cession of Sonora to France ; but this also was not carried out, «A few weeks before the treaty was made in Me- xico, Doctor Gwin, an emigrant from the South of the United -States, residing in Paris, presented another pro- ject to colonize Sonora with several thousand families from the Confederate States. Acoording to this project, they were to govern themselves as they pleased, indepen- dently, in fact, of the Government of Mexico. The appro- bation of the Arch duke was solicited for it, as this was deemed absolutely necessary. To this end the Doctor Wrote to him, the project being recommended by Señor Gutierrez Estrada who had agreed to do so, fascinated as he undoubtedly was by the idea of carrying enemies of the United-States to Mexico, and an energetic race. » «Pages 178 to 180. — A few days after the conflict between the Archbishop, Almonte and Salas, became known in Paris, it was rumored that the new Empire was to be given up to its own fate, France keeping Sonora in payment of her debt. The time has come to prove that the rumor was well founded, since M. L. Debrauz de Salde- 26 penna, director of Le Memorial Diplomatique, and, as I have said before, an old confident of Maximilian, in a long letter, dated July 14th 1865, which I have read, and in which he reminded Maximilian of the services he had ren- dered to His Majesty, said: «That M. Drouyn de Lhuys knew, since he himself proposed to the Emperor of the French to confide to him (to M. Debrauz) the painful mission of breaking the news, in December 1863, when the great majority of the Cabinet, in view of the conflict which had arisen between Marshal Bazaine and the Ar- chbishop of Mexico, insisted on giving up Mexico to her oivn fate, after having occupied Sonora render the title of guarantee, that altough he was ill, he had stai'ted for Miramar; that neither Gutierrez Estrada nor Hidalgo had dared to pre- sent to Maximilian any thing like an nltimatum to the effect that he should undertake his voyage within the term of two or three months, or abandon his candidature. «It is not true that it was proposed to Hidalgo to go to Miramar vipon such a disagreable mission. Like the rest of the Mexicans, he only heard the rumor and did not be- lieve it. I myself, giving full credit to M. Debrauz 's let- ter, as I think it deserves, call the attention of the reader to that part which is put in Italics, to remind him of what I have said about Sonora, so that he may keep in view what I shall yet have to say with regardto projects whereby Mexico was to lose that rich State. And it may be noted that not all of the French personages who were in favor of the intervention, thought of making the Latin race to recover on the other side of the Ocean its vitality and prestige. They wanted speculations and mines on the other side of the Ocean. « Very respectable persons have told me that General Miramon did not entertain the least doubt with regard to the pretensions of France to posess itself of Sonora, «Be- cause, Miramom said to them, when he em'gi'ated after leaving the Presidency on account of the victory of the Juaristas in Calpulalpam, on the 23rd of December 1860, that no sooner did he arrive in Paris than M. de Mornv 27 went to see him, and in very affectionate terms proposed tlie sale of Sonora and Lower California to France.» to which proposal Miramon replied that «although he had been President with extraordinary powers, he was at that moment nothing at all» M. de Morny replied: that oihe ivoidd endeavour to bring about some form to obviate this difi- culty, provided Miramon would agree to the views of France, i» Miramon then put an end to the conversation by stating to M. de Morny that « if his own acts could yet have any force, he would not perform them to the injury of his country.» Perhaps this conversation was the cause of the harshness with which the French Government treated Miramon, notwithstanding that he had been President, that he had solicited the intervention, and that he was the chief of the Church party, and was also the cause of the desire of General Bazaine to get him out of Mexico, fear- ing tbat on account of his prestige, Miramon could be an obstacle to the realization of the views of France res- pecting Sonora, or to aid Doctor Gwin. » He afterwards speaks of the secret additional arti- cles of the Convention concluded between Napoleon III and Maximilian, and says: «Page 204. — The fifth article is ambiguous. Being drawn up by the French Government, care was taken not to express the fact that when there was an equality of rank, the French officer, out of deference and policy, would command, and that when there was a chief or an officer of superior grade, he should command, whether he might be Mexican or French. Relying on this article, the French always tried to command the Mexican officers who were their superiors. Thus, Mexican colonels would be subor- dinated to French captains &c. «The first of the secret additional articles shows very plainly that without regard to the Conservative princip- les, by deceiving the persons who formed that party and hoaxing the monarchists, Napoleon and Maximilian, at- 28 tending only to tlieix* own private projects, had taken resolutions contrary to the opinion of the country, in the gi-avest and most transcendent questions. MaximiHan agreed to the indications of Napoleon, because it suited his ambitious projects respecting Austria; and he deceiv- ed Napoleon by making him believe that he accepted in good faith the throne of Mexico, when he really wished it to serve merely as a theatre in which he could make himself known to the Austrian ultra -liberals. The arti- cle to which I refer comprised all that had been done by Generals Almonte and Salas, in the affair of the promisso- ry notes, the treaty respecting Sonora, and thehatik concession.-» € Page 279. — Mr. Gwin had not abandoned his project for the colonization of Sonora. In order to be able to ca- rry it out, he again saw Napoleon and asked his co opera- tion; and although, according to the dispatch of Hidalgo, dated April 30 th of the preceding year, M. Drouyn de Lhuys had said that lie did not give him Mr. Gain's project with the intention of recommending it to him, hut solely with tJiat of making it known to the Mexican Government, yet Na- poleon recommended General Bazaine, through M. Corta, Secretary to His Majesty, to protect the plan of Mr. Gwin. The recommendation of a project so fatal for the Empire having become publicly known, the press attacked it very severely, especially the satirical newspapers La Orquesta, La Sombra, La Cuchara, El Buscapié and Los Espejuelos del Diablo, the editors of which were imprisoned on the 22 nd of March, by order of Marshal Bazaine, the French chief disingenuously alleging, as the basis of this arbitrary measure, that the decree of November 1863, declaring a state of siege, was still in force » «Page 281. — In no particular have there been more absurdities committed, during the Empire, than in the colonization projects. It was desired that the Latin race should recover its vitality and prestige on tJie otJier side of tJie ocean, so as to form a dyke which would stem the inva- 29 ding torrent from the United States, and we see that Na. poleon himself was favorable to the projects of Doctor Gwin in taking a colony of the invading race to Mexico, to the provinces most distant from the capital, where the Government could least make its sthrength be felt; that therefore he aided the project, with the means to continue its work, to subjugate the Latin race, and to exterminate the Indian. « It Was not even proposed to send any Mexican, Spa- nish or French famiHes; the colony of Gwin was to con- sist exclusively of people from the United States, Protestant in religion like himself » ' There were really functionaries ivho did not feel ashamed, as Forey said, to propose the sale of Sono- ra as a compensation for the generous protection im- parted by Napoleon III to the Empire. All the world then knew the attempts that were being made to se- cure aftewards a direct protectorate by France; and 1 All the parnigi-apls here copied are taken literally from the last Y work o£ Francisco ile Arrangoiz, entitled "Mexico from 1808 to 1867 '' — Madrid.— 1872. ^ Respecting the cession of the State of Sonora to France, the work entitled: official documents Collected in the office of the PRIVATE SECRETARY OF MAXIMILIAN. A history of the French Interven- tion in Mexico by E. Lefevre.— Brussels and London, 1869.— Volume II, chapter VI, may also be consulted. Also A HISTORICAL REVIEW OF THE FRENCH INTERVENTION IN MEXICO by José María Iglesias.— Mexico, 1869, and what has been afterwards published respecting these machinations in the CORRES- PONDENCE OF THE MEXICAN LEGATION IN WASHINGTON. — Mexico, 1S71, volume V. Lastly, while we are speaking of the cession of territory, it is not out of place to reccommend to our readers that valuable document published by the Gaceta del Lunes, in its issue of July 27 th, 1885. As it appears in thi.s document. General Santa .Vuna proposed to the Uni- ted States the sale of any portion or portions of the territory oí Mexico, commissioning for this affair a certain Gabor Naphegy, who, of course, would have a good brokerage therefor, and who was Santa Anna's authorized agent, minister or something else, for it cannot otherwise be easily understood what signification that obscui-o per- sonality really had. 80 there were not lacking those who clesired to carry th^ stain, to use the ^vorcls o£ General 0' Donnell, o£ ceding a Mexican province, as a gratuitous guarantee in fi- nancial combinations of a certain class. But amongst those men wJio thus lost all shame, and wlio thus stained their reputations, Benito Juarez is not to be included, if history is to form the impartial narration of events, and is to be the reflection of the truth. The names and the nationality of those men are revealed very clearly by Don Francisco de Arraiigoiz. The patriotism of Juarez and the energy and cou- rage of the national party which su]>ported him, sa- ved not only Sonora, but the whole territory of the Re- public, seriously menaced as it was by the servile com- placency of those who brought and aided the invaders. These are the historic facts which make the perso- nality of Juarez shine out in all his patriotism and love for the independence and the integrity of his country. We now proceed to discuss the absurd accusations ma- de against him by Cesar Cantú, when he refers to the delivery of the body of Maximilian. ^ 1 As a still further coufirraation of wliat is stated in these last pages, we can add that Mr. Romero, the Mexican Minister in Was- hington, in an official note addressed to the Mexican Government then in Chihuahua, on the 19th of January. 18G5, mentioned the pro- ject at that time attributed to Maximilian, of ceding to France a large part of the national territory. The .same Mr. Romero alsoaddres- eed to Secretary William H. Seward a protest, under date of Februa- ry 6 th, I860, "against the cession which the Archduke of Austria, Ferdinand Maximiliam, has made, or is about to make, of several States of the Mexican RepiiVdic to the Fiench Government." With regard to the projects of Napoleon, Maximilian and their partisans and agents, relative to the cession of territory, the parties mentioned afterwards disguised these plans under the projected co- lonization of Mr. Gwin. Tthe fifth volume of the correspondence of the Mexican Legation in Washingtgji laay be consulted concerning these combinations. It contains data and details of the greatest im- tance respecting those events. II Concerning the body of Maximilian. im^^^ calumnious imputation that Juarez had de- livered the corpse of Maximilian for money, first appeared in " Xc Memorial DiphmatiqitP, " a paper which, as every one knows, received its inspirations from Napoleon III. This calumny found ready admission in a work which was published sometime afterwards by the Prince Salm-Salm, im- der the title of '^Memoirs of Queretaro and Maximilian/^ and since then it has served as the favorite theme for all the impassioned or mercenary writers who have subsequently fruitlessly endeavored to blacken the glo- ry of Juarez. We will only add that M. Debrauz de Saldapenna, chief Editor of the publication we have just mentioned, was the person who was charged by Napoleon III to agitate the acquisition of Sonora, as our readers will have seen in the paragraphs before quoted from the work of Sr. Arrangoiz-, and that Prince Salm-Salm, who was made a prisoner in Que- retaro, owed his life to the magnanimity of Juarez. A historian so eminent as Cesar Can tú acting, as he ought to have done, with entire impartiality, had no right to make this grave charge against the historic 3? reputation and personal Konor of Juarez, based only on the statements of these two writers, when it would have been so easy for him to ascertain the truth by consulting the official documents, which were publi- shed eighteen years ago both in Europe and America. On this point the political adversaries of Juarez appear more impartial, more sincere, and more hono- rable, than the calm julgment of history, which ought to have been reflected by the impartiality of Cesar Cantú. The " Von dc Mexico,^^ one of the best known partisans of Maximilian's Empire, while referring to the inaccuracies of the Italian historian, concerning the body of the unfortunate Archduke, in its issue of June 27th 1885, published the following: "T/ «Telegram. — Departament of War and the Navy.-^ Mexico, August 26th 18G7.— To the Mihtary Commander, — Veracruz. — The President of the Republic has learned that Admiral Tegetthoff has arrived at that port and that he desires to come to this capital. You can allow him to pass without any obstacle. — Mejia. » « Department of Foreign Affairs and of the Interior. — Mexico, September 6th 1867. — Memorandum. — Don Ma- riano Riva Palacio and Don Rafael Martinez de la Torre, who Were of counsel for the Archduke MaximiHan of Austria, called at this Department yesterday, stating that vice -Admiral Tegetthoff, of the Austrian Na^'^', had come to Mexico and desired to have a conference with the Se- cretary of Foreign Affairs. '^At the hour which had been appointed, to-day the vice-Admiral presented himself, accompanied by Messrs Riva Palacio and Martinez de la Torre. « The Vice-Admiral stated that he had come to Mexi- co for the purpose of asking the Goverment of the Repub- lic to pennit him to take to Austria the mortal remains of the Archduke Maximilian. «The Secretary of Foreign Affairs said that he would submit the petition to the President of the Republic and, in order that it might be taken into consideration, he des- ired that the vice-Admiral would be pleased to state the character in which he made it. i( The vice-Admiral said that when his coming to Me- xico was determined upon, it was considered that it would 39 appear better to the Government of the Republic that he should not come with an official mission from the Aus- trian Government, but only in a private capacity to ful- fill the desires of the family, who through natural affec- tion and pious feelings, wished to possess the mortal remains of the Archduke. That as a consequence of this consideration, he had come to México solely with a pri- vate commission from the mother of the Archduke, and fi'om his brother, His Majesty the Emperor of Austria. « To an indication from the Secretary of Foreign Af- fairs, the vice -Admiral further stated that he had not brougtht any written document, having only received ver- bal instructions from the family of the Archduke. The vice-Admiral added that, if it was necessary, he would be ready to state in writing that he had come in this ca- pacity. « The Secretary of Foreign Affairs repeated that he Would submit the petition to the President of the Repub- lic, and that on the following day he would be able to com- municate his resolution. — Lerdo de Tejada.y> « Mexico, September 7th 1867. — To-day vice-Admiral Tegetthoff, accompanied by Messrs Riva Palacio and Mar- tinez de la Torre, called again at this Deparment. « The Secretary of Foreign Affairs stated the follow- ing to Admiral Tegetthoff: That the i3ermission to remove the mortal remains of the Archduke had been already solicited by the Baron de Lago who had been acting near him as Austrian Charge d' Affaires, by Baron de Magnus, who had been accredited near him as Prusian Minister and by Doctor Basch, the Archduke's private physician. « That the Government replied to these three gentle- men saying that it had motives to refuse their petition. This reply had been made because the Government thought it was its duty that before deciding as to the permission to remove the body of the Arduchke to Austria, it would be necessary to take into consideration either an official 40 act of the Austrian Governmeut or an express act of the family of the Archduke, asking the Government of the Republic for the body. a That although vice- Admiral Tegetthoff, by his social position in Austria and by his personal merits, is worthy of the consideration of the Government of ]\Iexico, still it could not be decided to permit him to remove the body of the Archduke, because he has brought no document to satisfy any of the two essencial requisites in the case. « And that the President has authorized the Secretary of Foreign Affairs to say to vice -Admiral Tegetthoff that whenever either of these two requisites shall have been satisfied, whether by an official act of the Austrian Government or by an express act of the family asking for the body of the Archduke, the Government of the Repub- lic will be ready to permit its removal to Austria, taking in consideration the natural pious feeling by which the petitiou would be made; that the Government had oppor- tunely ordered that the body should be embalmed, and that it should be deposited and preserved, with the care and decorum due to mortal remains, by reason of the sa- me natural and pious feelings. — Lerdo de Tejada. •& «Telegram. — San Luis Potosi., June 18th 1867. — At 9 A. M. — To General Mariano Escobedo. — It has been solicited from the Governiuent to permit that, when the execution of Maximilian shall have taken place, his mor- tal remains may be disposed of in order to remove them to Europe. «This permission has not been granted; but in view of said petition, the President of the Republic has detei*- minod that you shall proceed according to the following insti'uctions: « First. When the coudenned shall have been execu- ted, if the families of D. Miguel Miramon and of D. Tomas Mejia ask to dispose of their bodies, you will permit them the immediate and free disposal thereof. «Second, You alone will direct what may be con- 41 venient respecting the body o£ Maximilian, refusing to allow any other person to intervene. «Third. You will opportunely order zinc and wood coffins to be made, in order to guard, in a convenient man- ner, the body of Maximilian, doing the same with Mi- ramon and Mejia, if their famihes do not ask for their bodies. «Fourth. If any one should ask permission to embalm or inject the body of Maximilian, or to do any thing else which may not be inconvenient, you mil refuse to allow any person to perform these operations ; but in such a case, you will order it, taking care that, without refusing to foreigners permission to be present, all shall be done by Mexicans of your confidence, in a proper manner, the expenses being paid by the Government. « Fifth. When the execution shall have been effected, you will order that immediately the body of MaximiUan shall he guarded, as well as those of the others, if their families do not ask for them, with the decorum that is due after justice has been satisfied. « Sixth. You will order the body of Maximilian to be deposited in a proper place, under the vigilance of the au- thorities. « Seventh. In depositing the body of Maximilian and those of the others, if their families do not ask for them, you will order that the customary religious services shall be performed. — Lerdo de Tejada. y> «Telegram. — From Tacubaya to San Luis Potosi. — Deposited in Tacubaya the 19th of June 1867. — Received in San Luis Potosí on the 20th of June at 9.25 P. M. — C. President. — I request you to allow me to dispose of the body of Maximilian, in order to take it to Europe. — Baron de Lago. » «Telegram. — San Luis Potosí, June 20th 1867 at 10.15 P. M. — To Baron de Lago. — Tacubaya. — The President of the Republic has ordered me to say to you, in reply- 6 42 ing to your telegram dated yesterday and received tliis evening, that on account of grave reasons, the disposal of the body o£ Maximihan cannot be allowed to you. — S. Lerdo de Tejada. » «San Luis Potosí, June 29th 18G7, — Sir: The Prince, while a prissoner in Querétaro, in a letter signed by his own hand and addressed to General Escobedo, on the eve of his death, expressed the desire that his mortal re- mains should be dehvered to me and Doctor Samuel Basch, his physician, in order that Doctor Basch might accom- pany them to Europe, and that I might undei*take to have the body embalmed, and attend to every thing concerning its removal to Europe. « According to the will of the deceased Prince, which he expressed to me verbally, the removal of his remains must be made without any display an din a manner to carefully avoid every thing that might excite demonstra- tions or even public curiosity. « Repeating therefore, the request which I had the honor to make to Your Excellency, to be pleased to have the necessary orders issued that the mortal remains might be dehvered to me, I shall willingly yield to the desires which may exist relative to the removal of the body to the coast and on board of one of the ships of the Aus- trian Navy, stationed in Veracruz. « I avail myself of this opportunity to repeat to Your Excellency the assurances of my high consideration. — A. V. Magnus. — To His Excellency Sr. D. Sebastian Lerdo de Tejada.» «San Luis Potosí, June 30th 1867. — To Baron A. V. Magnus etc., etc., etc. — Sir: I have received the commu- nication which you addressed to me yesterday, stating that the Archduke Ferdinand Maximilian of Hapsburg, on the eve of his death, expressed the desire that his mor- tal remains should he dehvered to you and Dr. Samuel Basch, in order that they might be removed to Europe. 43 «As I have before had the honor to say to you, there are several considerations which induce the Government of the RepubHc to think that it ought not to permit that the mortal remains of the Archduke should be taken to Eiu'ope. « For this reason, I regret to have to reply to you that the Government cannot issue the orders which you have desired for that purpose. «I avail myself of this opportuniy to repeat to you, that I am your respecful and obedient servant. — S. Ler- do (le Tejada. » c( C. Lerdo de Tejada, Secretary of Foreign Affairs and of the Interior. — The undersigned, with due respect, has the honor to state to you, Mr. Secretary, that as private physician of the late Archduke Maximilian, I was re- quested by him to take his body to Europe and deliver it to his family. « That such was his will is apparent by the letter signed by himself which, under date of the 16th of last June, he addressed to Mr. Carlos Rubio in Quei'étaro, of which letter I have the honor to enclose a copy (marked A), and also by another one, dated the 18th of the same month, the original of which is held by General Escobedo, as it is stated in the letter of Colonel Ricardo Villanueva, which is enclosed herewith (marked B). « I consider the fulfilment of this order as a sacred du- ty, and I make bold, in the discharge thereof, to beg of you, Mr. Secretary, to be pleased to order that the said body be dehvered to me. This petition is grounded on the fact that by your orders the bodies of his companions in mis- fortune have been dehvered to their f amihes, and that ne- ver at any time has the Supreme Government refused to dehver a body to the famihes who have asked for it. « I beg of you, finally, to be pleased to answer this my respectful petition, be the reply whatever it may, so that, upon retiu'ning to my country, I may be able to prove before the family of the late Archduke, that, on my part, 44 everything possible was done to obtain tlie carrying home of the mentioned body. «In this a favor would be received by your most res- pectful and obedient servant. — Br. Samuel Bascli. — To the Citizen Secretary. — Mexico, July 27th 1867.» « Department of Foreign Affairs and of the Interior. — Department of the Interior. — First Section. — In view of your petition, dated yesterday, asking permission to take to Europe the mortal remains of the Archduke Maximi- lian, the President of the Republic has decided, on ac- count of several and serious considerations, that it is not posible to acceede to the petition alluded to. — Indepen- dence and Liberty. Mexico, July 29 th 18G7. — Lerdo de, Tejada.: — To Doctor Samuel Basch. » « Diario Oficicd of the Stqjrcme Government of the Bexmh- lic. — 1st Yohmie. — Number 82, issue of Saturday, No- vember 6 th 1867. — Removal of the body of the Arch- duke Maximilian to Austria.— On the 9 th of Septem- ber we published the documents relative to the mission on which vice-Almiral Tegetthoff came to Mexico. The Government then rephed to him that in order to resolve whether the removal of the body of the Archduke Max- imilian to Austria would be permitted, it was necessary that the question should be examined considering the pe- tition asking for the Archduke's body either as an official act of the Austrian Government or as an express act of the family of the Archduke, and that the Government would be willing to grant the permission whenever either of the two characters of the petition might be well defined, taking in consideration the natural and pious feelings by which it should be made. cc This petition has been made in the name of both the Austrian Government and the family of the Archduke, by a note from the Pi-ime Minister of that Nation, which note we now publish, together with the reply of the Government of the Republic, stating that the body will be immediately delivered, in order that it may be removed to Austria. » 45 «Mr. Ministor: — A premature death having wrested the Archduke Ferdinand Maximihan from the affection of his family, His Imperial and Royal Apostolic Majesty feels the natural desire that tlie mortal remains of his unfortunate brother should find their last resting place in the vault which contains the ashes of the Princes of the House of Austria. The father, the mother and the other brothers of the august dead; and, in general, all the mem- bers of the Imperial Family participate in this desire. « The Emperor, my august master, entertains the con- fidence that the Mexican Grovernment, yielding to a feel- ing of humanity, will not refuse to mitigate the just grief of His Majesty in facilitating the verification of this desire. «Consequently, vice -Admiral Tegetthoff has been sent to Mexico with instructions to solicit from the Pre- sident the delivery of the remains of the beloved brother of His Majesty, in order that they may be brought to Eu- rope. « On my part, I have been ordered, in my capacity of Minister of the Imperial House, to ask the benevolent in- terference of Your Excellency to obtain for the vice- Admiral the necessary authority to fulfil his instruc- tions. «Having the honor, Mr. Minister, to beg of you, in anticipation, to be the channel to convey the gratitude of the august Imperial family to the Chief of the State for the compliance with their desire, and that yon yourself will accept the expression of their gratitude for the kind of- fices with which you may be pleased to contribute, I avail myself of this opportunity to offer to Your Excellency the assurances of my high consideration. — Vienna, Septem- ber 25 th 1867. — The Chancellor of the Empire.— J5a<5Í.» «Department of Foreign Affairs. — México, Novem- ber 4th 1867.— Mr. Minister:— Vice -Admiral Tegetthoff has delivered to me the note of Your Excellency, dated the 25th of September last. « Your Excellency has been pleased to communicate 46 to me in said note that His Majesty tlio Emi-)oror of Aiis- tiia, entertains the natural desire that the mortal remains of his brother, the Archduke Ferdinand Maximilian, shoidd find their last resting place in the vault which contains the ashes of the princes of the house of Aus- tria; that the father, the mother and the other brothers of the Archduke, and, in general, all the members of the Im- perial family participate in this desire; and that His Majesty, the Emperor, entertaining the confidence that the Mexican Government, under a sentiment of humanity, will facilitate the verification of that desire, has sent vi- ce- Admiral Tegetthoif to Mexico with instructions to solicit from the President permission for him to take to Europe the remains of the Archduke. « The President of the Repubhc, having been infonned of the just feehngs expressed in the note of Your Excel- lency, has not hesitated to order that the natural desire of His Majesty, the Emperor of Austria, and of the Impe- rial family, be complied with and satisfied, with great con- sideration. «According to the orders of the President, I have informed vice -Admiral Tegetthoff that the mortal re- mains of the Archduke Ferdinand Maximihan shall bo immediately dehvered to him, so that he may be able to take them to Austria, in compliance with the object of his mission. « I have the honor, Mr, Minister, to express to Your Excellency the assurances of my most distinguished con- sideration. — S. Lerdo de Tejada. — To His Excellency Count de Beust, Chancellor of the Empire and Minister of the Imperial House of Austria. — Vienna.» ic Diario Oficial of the Supreme Government of the Repubhc. — Volume I. Number 83. Sunday, November 10 th 18G7. — The Body of Maximilian.— In some mo- ments, the body of Maximihan of Hapsbm-g will be ta- ken away from this capital and within a very short time it will bo received on board of the ship '^Novara" which wilj 47 transfer it' to his country. Respectable persons, who have been appointed to this effect by the Government of the RepubHc and by that of Austria, will carry out this sad operation and the commission will be executed with all due decorum and with the respecful attention which ought to be rendered to the dead and which the culture of our people demands. «The body is very well embalmed; and although a thousand calumnies have been uttered abroad respecting the condition in w^hich it is, we are able to assert that it does not show any important decomposition, apart from the natural alterations which ought to result after the cesassion of life, such as the darkening of the skin and the partial falhng of the hair; but in every other respect it is in the best condition of preservation that could be expected. The doctors who have taken care of preser- ving the body, have been especially diligent in doing every thing that was within their power to counteract the destructive work of climatic influences which act against the safest preparations known to science to avoid putrefac- tion, and they have succeeded, for the body has not under- gone any remarkable alterations. « The body is dressed in black, and rests on velvet cushions, in a rosewood coffin, elegantly and handsomely worked, showing the good taste and ingenuouness of the builder. On the Hd, a cross is worked in rehef, inter twined in \áne leaves, and this alone constitutes, in the- idea and the execution, a very handsome ornament. As it is to be supposed, the rest of the work, in its details, is not inferior to the principal part, and shows no fault w^orth mentioning. This coffin is deposited in a zinc case, which excludes the air, and both are contained in another case made of cedar, wliich although intended only for a mere provissional covering, has been made with no less careful attention. A especial car has also been prepared in which all this can be carried, and in the interior, as well as in the exterior, all has been done in such a manner as to prevent jolting during the voyage on land and by sea, from sha- 48 Hug the remains of him who in life was Maximilian Arch- duke of Austria. The Mexican Government has deemed it its duty, on this occasion, to apjjropriate the necessary ex- penses, and to act with the refinement and decorum corres- ponding to the Nation it represents ; and if, under the ac- tual circumstances, anything can be said in Em'ope res- pecting our action, it is that if an imperious political ne- cessity obliged Mexico to apply the last penalty to a for- eign invader, Mexico nevertheless understands how to silence her passions in the presence of a sejoulchre. «With the return which we make to Europe of the body of Maximilian, deep and serious reflections arise, and history offers a lesson which ought to be profited by, since the fate of Iturbide failed to teach anything useful to the enemies of the liberty of Mexico. » We deem it convenient to now publish other of- ficial documents relative to the expenses paid by the Government of Mexico for the purpose o£ embalming and of preser\áng the body of tlie unfortunate Arch- duke : « In due fulfilment of the instructions contained in the note which, under date of the 12 th of September last, yon were pleased to addi'ess to us, ordering us to examine the body of the Archduke Maximihan, which was embalmed in Queretaro, and to do, if necessary, whatever should be proper in order to keep it in a good state of preservation, on the 13 th of same month we went to the church of the Hospital of San Andres, where^the body was deposited, and there being present the General Inspector of Po- lice and three officers, after the body was taken out from the wooden and zinc cases in which it had been placed in Queretaro, we proceeded to undress it and to take ofP the bandages, placing it afterwards on the Gaudl table. «From that day until the 8th instant, keeping always the body on the said table, we continuoA practising all 49 those paí'tial or general operations which appeared to be the most adequate for its proper preservation. « The viscera having been taken out from the two lead- en cases in which they were found, we placed them in a preserving bath while we completed our operations on the body. «When these operations were finished, we agreed to place the viscera in their natural cavities, for which pur- pose we filled them with Hnt mixed with the powder re- commended by Soubeiran; and we placed in the cavity of the skull, through the aperture already made there, all the large and small pieces into which the cerebrum had been cut, as also the cerebellum, the protuberance and a part of the oblong medulle. In the same manner, we placed in the abdomen and in the thorax, the heart, the lungs, the oesofagus, the thoracic aorta, the liver, the stomach, the bowels, the spleen and the kidneys. « After having been properly bandaged with fine and varnished white linen and with guttapercha, we dressed the body with the clothes deHvered by Mr. Davidson, ex- cepting two pieces of underwear which were bought, as they were not found in the baggage which was in the posessiou of this gentleíí^an. « The body was then placed in a double case of var- nished cedar and passion-wood, in the form of an urn, two meters 20 centimeters long, 60 centimeters high, and 75 centimeters wide, with a solid lock, the body lying in such a manner that it cannot be displaced in any way, not even by completely turning the case over. This case was placed in another of zinc, which having been hermetic- ally closed by soldering, was covered by yet another or- dinary wooden coffin, painted in black, to prevent the zinc case from being perforated by any accident whatever. « All the objects which we used in our operations Were burned this morning in the grave-yard of Santa Paida, as were also the coffins, clothes, bandages etc., which cama from Queretaro. « All these operations were performed in the presence 50 of tlie Inspector of Police and of the officers alluded to; and lia\ang been finished at ten o'clock to-night, we have delivered the body to the said Inspector of Pohce. «Mexico, November 11th 1867. — Hafael Montano Ba- miro. — Ignacio Aluamdo. — Agustín Andrade. — To the Sec- retary of Foreign Affairs and of the Interior. » «Taking in consideration that General Mariano Esco- bedo, commander in chief of the Army of operations against Queretaro, inti'usted Doctor Ignacio Rivadeneyra, who was employed in the Medical Military Corps, with the operation of embalming the body of Maximilian in Queretaro, the President of the Republic has oi'dered that one thousand dollars ( $ 1000 ) be paid to Doctor Rivade- neyi'a as a recompense for the said operation, with the understanding that in case it should be hereafter decided that, apart from their salaries, an amount ought to be paid to all or some of the persons who assisted in the opera- tion alluded to, then this sum shall be charged in account. «The said one thousand dollars ($ 1,000) shall be de- livered to colonel Juan C. Doria, in payment of a docu- ment for the same amount from Doctor Rivadeneyra. « I comunícate this to you so that you may issue the necessary order. « Independence and Liberty. México, November 13th 1867. — Lerdo de Tejada. — To the Secretary of the Treas- ury.» «To day I have addressed to the Secretary of the Treas- ury the following official communication : Taking in con- sideration, etc., etc., etc And I transcribe it to you for your information. — Independence and Liberty. Me- xico, November 13 th 1^%!.— Lerdo de Tejada. — To Doc- tor Ignacio Rivadeneyi-a. — Puebla.» «We, the undersigned, beg of the Secretary of Foreign Affairs and of the Intenor to be pleased to inform us 51 where wo ought to apply for the payment of six thousand dollars due to us for the -work we performed in the pre- servation of the body of the Archduke MaximiHan, which was intrusted to us. « At the same time we beg of you to be the worthy channel through which we may present to the Supreme Government the most sincere expression of our gi-atitude for the confidence it reposed on us in committing the said commission to our charge. «We offer to you the assurances of our respectful consideration. «Independence and Liberty. Mexico, November 21st 1867. — I. Alvarado. — Rafael Montano Bamiro. — A. An- drade. — To the Secretary of Foreign Affairs and of the Interior. " « The President of the Republic has ordered, in con- formity with the petition of Doctors Ignacio Alvara- do, Rafael Montano Ramiro, and Agustin Andrade that the sum of two thousand dollars ( $ 2,000 ) be paid to each one of them as fees for their work in the preservation of the body of the Archduke Maximilian of Austria, which was intrusted to them by the Supreme Government. « I communicate this to you so that you may issue the necessary orders. " Independence and Liberty. México, November 23rd 1867. — Lerdo de Tejada. — To the Secretary of the Treas- ury. " « The President of the Republic has ordered that two hundred and fifteen dollars, seventynine cents ( $ 215 79 ) be paid to Doctor Ignacio Alvarado, as balance of the ex- penses incurred in this city for the preservation and deliv- ery of the body of the Archduke Maximihan of Austria. « I communicate this to you so that you may be pleas- ed to issue the necessary oi*der, charging said sum to the account of general expenses of the Department of Foreign Affairs. 52 « Independence and Liberty. México, November 23rd 1867. — Lerdo de Tejada. — To the Secretary of the Treas- ury." a I have the honor to enclose the note of the distribu- tion of, and the vouchers for, the seven hundred and fif- teen dollars, seventy eight cents. ( $ 715 78 ) which I re- ceived from the General Treasmy for the operations per- formed according to your orders, in embalming and preser- ving the body of the Archduke Maximilian, so that if you think it proper, you will be pleased to order that the corre- sponding document may be issued and delivered to me. «México, December 26th 1867. — Ignacio Alvarado. — To the Secretrary of Foreign Affairs. " «Department of Foreign Affairs. — Section of Euro- pe. — Enclosed in your note, dated the 26th instant, this Department received the account with vouchers of the distribution made by you of the seven hundred and fifteen dollai*s seventy eight cents ( $ 715 78 ) which were deliv- ered to you by the General Treasiuy to pay the neces- sary expenses to embalm and preserve the body of the Archduke Maximihau; and the President of the RepubHc on being informed thereof, has approved the same, duly appreciating the services which you have rendered in the fulfillment of the commission with which you were in- trusted. You can present at once the receipt for the bal- ance which results in your favor, so that this Department may pay you said balance. « Independence and Liberty. Mexico, December 28th 1867. — Lerdo de lejadu. — To the citizen Ignacio Alva- rado. » I UK duty is done. We do not even remotely imagine that tlie documents avHcIi we liave published, in other words, the true statements of the facts, will be enough to silence for ever the intemperate vocifera- tions that, from time to time, are launched against Juarez by his political enemies. They will continue to say, however absurd it may appear, that Juarez sold a part of the national terri- tory to the Americans. They will repeat that Juarez, for a money consider- ation, delivered to the Emperor of Austria the bloody corpse of his unfortunate brother. They will repeat even to satiety that which so oft- en has been said, that Juarez, as the leader of a dema- gogic minority, tyrannically imposed his will without having had, at any time, the support of the Nation, since the Nation, in its great majority, was Imperial- ist and gladly had accepted a foreign monarch sent by Luis Napoleon as a token of his benevolence. 54 And as a matter of course, there always will re- main, without a satisfactory explanation, tlie imcom- preliensible fact that this immense majority, formed by partisans of the Empire, as it was affirmed in Eu- rope, having, as it had, the support of the French ar- my and the sound XMrt of the country, would have permitted that a handful of bandits, demagogues or men of that stamp, could cause the death of the so- called monarch in the Cerro de las Campanas, re-esta- blishing immediately the republican institutions which the said majority had vainly attempted to destroy. The unjust accusations against Juarez will be re- peated; the calumnies intended to stain his historic reputation and even his personal honor, will become multiplied; but all this will be perfectly useless, and moreover, all will produce the contrary effect, since the glory of the illustious departed will be so much the greater, as the attacks of his enemies are unmer- ited and passionate. Let them insult as they will the extraordinary man who sleeps the eternal sleep of death in the pan- theon of San Fernando, and who there awaits the judg- ement of History and the sentence of posterity; they will not succeed, by this means, in overthrowing the venerated institutions which form the political creed of the great liberal party. Abhor, hate, curse Juarez, as much as you Avill; you have the right to do so, and you do well, you who abhor the Republic, who hate the Constitution and who curse the Reform. Copy that which Cesar Cantú has w riten, if it will please you; cite the authority of a Saldapenna in his- 55 torical controversies I allege, as a further proof, tKe testimony of a Salm-Salm; repeat wKat was said by ' Donnell in liis speech, and wliat was affirmed by Forey in bis'proclamation ; torture tbe genuine mean- ning of words, converting into crimes even tbe coloni- zation contracts and you will neverbe able, in your impotent passion, to darken, even for one moment, the imperishable glory of Juarez, nor diminish in the very least the prestige he had, which his name main- tains at present, and which he forever will have, what- ever may be the noisy declamations of those who, in their humble condition of the conquered, sought in calumny a consolation for their defeat. IflK (?'. ■WE¿E¿5 J < &y G^ (Tj^ ^^^m% THE LIBKARY ÜNIVBRSi TY OF CALIFQRNU LOS ANG£L£S