Life of Maximilian I, late Emperor of Mexico, with a sketch of the Empress Carlota

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,
wras 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 wrhich

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

MAXIMILIAN1.

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.

Maximilian—His birth— Family— Imperial robe— Personal description— Edu
cation— Travels—Marriage— 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. CL«SAn

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>ild«coflre 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, wTho 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
wrhich 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^Em£eror_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 wThich
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 wras 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, wrere 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 St«ite ; 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' and1-, 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 wras 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 receiAred 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
writhin 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

MAXIMILIAN1. 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 wraste 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," wThich 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
milian—Arrival 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 twro
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. 0 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, wrould 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
stitution—Comments 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 Y0tpg, 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 :

" Yv7hereas, 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 wThom he surrendered himself, as afore
said.

." 1st. He contends that he is only a prisoner of ioar9
'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 wTill 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 wrill 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 Miramax1, 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 wTas 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
tvTTFTTq5tufe-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 brothers 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 wrill
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

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VB 08990

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