History of Mexico (Bancroft)/Volume 6/Chapter 14

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History of Mexico (Bancroft)/Volume 6 (1886)
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2942356History of Mexico (Bancroft)/Volume 6 — Chapter 141886Hubert Howe Bancroft
​

CHAPTER XIV.

DEATH OF EMPIRE AND EMPEROR.

1867

Miguel Lopez the Traitor — His Plot to Betray Maximilian — Seizure of the City — Arrest of Maximilian and his Generals — Imprisonment — — Abdication — Terms Proposed — Court-martial Ordered — Trial and Conviction — Petitions and Intercessions — Execution of Maximilian, Miramon, and Mejía — Effect of Execution in America and Europe — Reflections on the Character and Career of Maximilian

Among the most favored of Maximilian's officers was Colonel Miguel Lopez, a tall, portly man, of fine presence, strikingly attired in the rich uniform of the Empress dragoons. With blond complexion, bluish eyes, fair mustaches, and short imperial, he looked anything but a Mexican, although possessing all their attributes, including fine manners and flowing speech.[1] The good graces of the emperor had roused against him a pronounced jealousy, especially among Mexicans, with whom his foreign appearance did not attract sympathy; but they had also good reason to dislike him, for two acts of treason stood recorded against him; and lately, when the monarch wished to add to his favors by making Lopez a general, the leading officers protested and exposed him.[2] The confidence of ​Maximilian was not greatly shaken, however, for he appointed him to command the chosen escort, and decorated him, on the eve of the projected departure, with the bronze medal, although little or no claim existed for the distinction, or for the cross of the French legion of honor already hanging on his breast.

Lopez did not forgive those who had stood between him and promotion. He was not wholly devoid of gratitude, but gratitude was not his ruling passion. He could love a little; he could hate a great deal. Moreover, this empire was doomed; and for himself in this company he was a branded man.[3] What other motives may have influenced him is difficult to say. At any rate, on this night of the 14th of May, 1867, this man Lopez stole away to the headquarters of Escobedo, and in a private interview disclosed the condition and plans of the besieged, and arranged to betray them to the enemy.[4] To accomplish his object ​was not very difficult, for he commanded the reserve brigade, which occupied the Convento de la Cruz and adjoining fortifications, and held, therefore, the key to the town.[5] He had already removed certain troops, replacing them with men under control of a fellow-conspirator, and with incorporated prisoners of war; and on returning from Escobedo's camp he made further changes, ordering the horses to be unsaddled, cannon to be removed, and so forth. He thereupon introduced the republican soldiers under General Velez,[6] and favored by darkness, led them from one post to another, explaining that they were relief troops, whenever he deemed any explanation necessary. His presence as commander and recognized favorite of the emperor, and the mixture of uniforms among the imperialists preventing suspicion, many assumed at once that the movements were part of the evacuation plan.[7]

​As soon as the main posts were secured Lopez hastened to send warning to the emperor, for whom he seems to have entertained a certain consideration. Similarly advised, Salm-Salm, Castillo, and some others rushed in soon after and found Maximilian dressed and calm. He bade them summon the hussars and body-guard, and ordered all to hurry to Cerro de la Campana, there to decide on further action. Not a guard or detachment of imperial troops could be seen round the convent; but as they issued from it to cross the square a republican body appeared, guided by Lopez. Escape was impossible, but a whisper from the traitor to the officer in command of the troops caused the latter to turn aside his men, saying, 'Let them pass, they are civilians!' Yet they wore nearly all their full glittering uniforms. It was evidently agreed that the emperor should be allowed to escape.[8] ​On the way to the Cerro Lopez overtook them, this time alone and still unsuspected. He entreated Maximilian to hide himself in a certain house, where his safety would be assured. "I do not hide," was his answer. He even refused to mount the horse which Lopez sent up soon after, saying that as his companions had to walk, so would he. During this slow progress they again came face to face with republican troops, which turned aside as they saw him, allowing the party to reach the Cerro.[9]

Owing to the energy of Lopez, republican troops had been placed in the centre of the town; and now with daybreak the yet remaining unmelted bells joined in the triumph signals of the camps around. Yet the surrender passed not everywhere so smoothly as at the convent. Several bodies managed to fall in line for skirmishing, and the report of fire-arms could be heard in different parts. But taken in flank and rear, the isolated companies had to yield one after another to overwhelming numbers. Many thought the arrival of reinforcements from Marquez was the cause of the tumult and demonstration.

And now the besiegers concentrated round the Cerro de la Campana, upon which the batteries opened fire. "Oh for a friendly bullet!" exclaimed Maximilian as he beheld the darkening prospect. The absence of Miramon increased the anxiety; nor did it abate when news came that the latter had been overcome in an encounter and wounded.[10] To hold the Cerro much longer was impossible. Turning to Mejía the emperor

[11] ​spoke about cutting their way through. "It is useless, sire," replied the latter in a disheartening tone, as he surveyed the dense lines of besiegers; "yet if your Majesty commands, it can be tried."[12] A moment later the white flag was hoisted by the imperialists, and Pradillo sent to negotiate with Escobedo for the good treatment of the army, Maximilian offering himself if a victim must be had.[13]

The firing having ceased, the republicans bethought themselves only of making matters sure by advancing close upon the Cerro, heedless of the white flag and the messenger to Escobedo, and General Echegaray stepping forward declared the emperor his prisoner.[14] Soon the commander-in-chief came up. Maximilian surrendered his sword, and repeating the messaye sent, he announced that his abdication had already been sent to Mexico. He stood otherwise prepared to leave the country. Escobedo answered that the republican government could alone decide in the matter.[15]

In charge of Riva Palacio, he was now conducted back to his old quarters at the convent, together with his favorite officers, the cazadores and citizens, especially the women, mutely greeting him with bent ​heads and tear-dimmed eyes.[16] The other officers were consigned to the adjoining church, and the rank and file to the camps, there to be incorporated among the liberal forces.[17] Escobedo, in reports and proclamations, attributed the fall of the city to the actions of his army.

The inhabitants were not molested,[18] save those who neglected the stringent order to denounce all officers in hiding. This caused the surrender of Miramon and many other leaders, of whom several fell victims to the blind fury of the uncontrolled soldiers.[19] A few managed to escape, among them General Arellano.[20] Mejía, to whose generosity Escobedo owed his life not long before, was offered means for flight; but the noble Indian would not accept liberty unless in company with Maximilian and Miramon. This was declared impossible. "Then let me die with them," he said.[21] Mendez remained in hiding, and being betrayed, he was led out and shot, in accordance with the recent proclamation, but really in retaliation for his loudly condemned execution of the republican general ​Arteaga and his companions, carried out under Maximilian's unfortunate decree of October 3, 1865. Other leaders were kept on thorns by broad hints that Juarez' similar decree of January 25, 1862, might at at any moment send them as well as Maximilian after Mendez.[22]

The republicans gave little heed to the exalted rank and pretensions of their captive. He was unceremoniously transferred from one abode to another, among them the grave vaults of the pantheon, with the atrocious reminder that his end was at hand.[23] Finally he was lodged in a scantily furnished cell in the Capuchin convent,[24] together with his generals, Miramon and Mejía, Dr Basch and two servants occupying adjoining cells. Although exposed to the intrusive gaze of visitors, and the eyes of numerous even enjoyed the importance attached to his person.[25] ​In order to sound him, Escobedo expressed his readiness to listen to any proposals; whereupon Maximilian offered to officially abdicate the crown of Mexico, to promise never to meddle in Mexican affairs, and to order his armies to lay down their arms and surrender all strongholds, on condition of being escorted to Vera Cruz, all foreign prisoners also to be sent to this port for embarkation. His Mexican adherents he recommended to the generosity of the government.[26] No answer to these proposals was returned; but on the following day appeared an order from the minister of war to arraign the 'so-called' emperor and his two leading abettors, the 'so-called' generals Miramon and Mejía, before a court-martial, in accordance with the bloody decree issued by Juarez on January 25, 1862, against traitors and invaders.[27] This in itself was equivalent to a death sentence. Time had above all to be gained; and to this end Maximilian addressed Juarez for a postponement to allow the selected lawyers to arrive from Mexico. He also asked for an interview, wherein he hoped to make an impression. The former request was granted, after some hesitation, but the president declined to enter into any direct communications.[28]

From the first, friendly republican officers had expressed the view that their government was obdurate; and the order coming for a court-martial, the project of escape was pressed upon the emperor. At first he objected to so undignified a proceeding, but finally yielded, on condition that Miramon and Mejía should not be left behind. It was argued that as Juarez had refused to admit the conditions under which they ​surrendered, as prisoners of war, they were bound by no obligation. Three officers had been won over, and everything was prepared for the flight, to take place during the night of June 2d, in direction of the coast and toward Vera Cruz, which still remained in imperial hands. That afternoon a telegram announced that two of the best lawyers in Mexico and several members of the diplomatic corps were en route for Querétaro. This sufficed to decide the ever-vacillating Maximilian for another of those unfortunate postponements that had ruined so many of his plans.[29]

Maximilian had selected for his lawyers Mariano Riva Palacio, Martinez de la Torre, Eulalio María Ortega, and Jesus María Vazquez, who occupied the foremost rank in their profession. Foreseeing the verdict of a court-martial, the two former resolved to give their attention mainly to pleading with the government for mercy, and urge the policy of lenient treatment. To this end they brought to bear a wide influence with the controlling party, for they were all stanch republicans. This applied especially to Riva Palacio in his additional character as father of the popular general, famed in letters as well as battles, and who had taken a prominent part in the siege.[30] The juridical defence was left to the other lawyers, of whom Ortega excelled for his grasp of mind and rhetoric, and Vazquez for forensic acquirements and acute dialectics. The latter belonged to Querétaro, ​and had with the assistance of Frederic Hall from California taken active steps in the case before the others arrived.[31]

The trial opened on June 13th in the Iturbide theatre, in which the stage was reserved for the officials, defendants, and counsel, and the auditorium for the public, admission being obtained with tickets.[32] The judges consisted of a lieutenant-colonel and six captains,[33] selected with little or no regard for the weighty questions involved. The fiscal, or attorney for the government, was Manuel Aspiroz.[34] Mejía and Miramon appeared first, and impressed the hushed audience with the dignity of their bearing. Their case was disposed of early in the afternoon.[35] They must die. Then came that of Maximilian, which involved practically the same charges and defence. Here the expectant assembly was doomed to disappointment, for the imperial defendant refused to expose himself to the humiliation of a public appearance, and his plea of sickness was accepted.

The charges, thirteen in number, were elaborated from the points presented in the ministerial order for a court-martial, based on the severe decree of January 25, 1862, and formed a most incongruous and tautologic medley.[36] They may be reduced to the following points: that he had offered himself as an instrument for the French intervention, aiming at the overthrow ​of the constitutional government for base purposes; he had voluntarily accepted the liabilities of a usurper, in the face of the laws, such as that of January 25, 1862; he had disposed of the lives and interests of the people with armed forces swelled by foreign filibuster enlistments; authorizing to this end atrocities of every description, as instanced in particular by the barbarous decree of October 3, 1865; he had retained the false title of emperor after the departure of the French armies, preparing lately an abdication which should take effect only in case of his capture. The final charges declared that he had protested against the competency of the court-martial to try him; and it was observed that his refusal, at the preliminary private examinations, to answer the charges on the ground that they were of a political character, beyond the jurisdiction of this court, would be taken as an admission of their truth.[37]

The prospective futility of influencing a court-martial installed under the decree of 1862 led the counsel very properly to direct the main arguments against the competency of such a court for the case. To this end it was urged that the conflict between the republic and empire was a civil war, and not a mere uprising by a faction, for the latter had long controlled the greater part of the country, and had been recognized by nearly every foreign power.[38] This being evident, the leaders of the vanquished side could not be subjected to the summary treatment applicable to petty rebels. Maximilian was not a usurper as charged, for he came by invitation of a representative council, confirmed by popular vote.[39] His administrative acts ​and marked liberal policy, with an entire absence of persecution for political creed or attitude, proved that he came not to oppress. The issue of the severe decree of October 3, 1865, was, at the instance of the French commander, supported by the ministry, and in the belief that Juarez had abandoned Mexican territory. Besides, he had as sovereign as much right to issue such protective measures as the republican government to publish its equally severe law of 1862. He revoked his decree, and according to international usages Juarez should have followed his example.[40] If Maximilian remained after the French prepared to depart, it was partly to prevent a new government from being forced upon the people.

This exposition of the rights and conduct of Maximilian and his party sought to demonstrate that the law of January 25, 1862, was inapplicable to the case. Further, the law was shown to be unconstitutional.[41] Federal interests were concerned in the case, and according to the constitution, congress or a civil tribunal must decide upon it.[42] Hence a court-martial was incompetent.[43] No witnesses being called by the ​fiscal, who supported his charges on the evidence of public notoriety, the proceedings were denounced as illegal, and the charges not proved as required by law.[44] According to the constitution, the penalty of death did not exist for political offences such as the present. It did apply for treason; but Maximilian as a foreigner could not be charged with this crime.[45] Allusion was made to the considerate treatment accorded in the republic of the United States to the far more censurable president of the late confederacy, who had never been recognized by any other nation.[46] Finally, an appeal was made to the honor and sympathy of the republicans not to abuse their victory and stain their laurels with a bloody and useless execution.[47]

It had also been urged that Maximilian should be treated, if not as emperor, as archduke, and be sent back to his country as a prisoner of war, for as such he had been admitted by Escobedo. But the ​government ignored this admission and availed itself of certain appearances and technicalities to declare that he had been taken in arms. The empire was assumed to be a mere form to cover the treasonable acts of a rebellion. This remaining as yet unquelled, and the constitution therefore in abeyance, it was resolved to abide by the decree of January 1862, which, furthermore, should be sustained for the justification of previous steps. Maximilian had come with full knowledge of this law. With the departure of the French he saw how unstable was his position, yet he persisted in braving the consequences by continuing a useless and bloody war — now changed from one of invasion to rebellion — and even delegating it to a regency. Nay, more: a scion of European royalty, a worshipper at the shrine of the Roman church, had stepped far out of his way to cross the Atlantic and attempt to force upon republican America, with her liberty-of-conscience-loving people, the old and detested monarchical ideas of Europe, and the dogmatism of Rome. This man, and any man attempting to do this thing, should surely die.

The fiscal did not enter into all these points, but contented himself mainly with denying the validity of the arguments against incompetency and unconstitutionality, and intimating that objections to form were hardly pertinent where the victors might have shot the defendants on capturing them. The war still raging, the constitution was in abeyance, and the decree of 1862 in force. The withdrawal of the French deprived the imperialists of all claims as belligerents, and stamped their struggle as rebellion. Maximilian had added to its iniquity by delegating it to a regency, and made himself doubly responsible for the outrages and bloody inflictions perpetrated under the cloak of an empire.

The public session of the court ended on the 14th of June. It thereupon considered the case in private, and late that same night the unanimous verdict ​of guilty was brought forth, with the sentence of death.[48]

Whatever censure may be applied to the Juarez government for ignoring the nature of the struggle as a civil war, for refusing the peaceful overtures for a congress, and for not recognizing the claim as prisoner of war, it must be considered that Maximilian had loosely seized a pretence for ignoring the republican government, stamping the leaders of its cause as bandits, and executing them as such. The decision was applied to himself, and his executioners cannot be said to have overstepped international law in a greater measure than he did. Even if impelled by resentment, Juarez did what he considered his duty for the safety of the republic, by obviating later possible claims by the infliction of death, and impressing a warning against invasion projects. The retaliation can hardly be termed unjust; yet it was severe, and Mexico has been widely condemned, on grounds of humanity at least, yet by some not only excused, but applauded. A stronger government might have been ​able to show more magnanimity; nevertheless, let all sprigs of European royalty take warning and remain at home.

On the 16th of June, Escobedo confirmed the sentence, and ordered the execution to take place that day at three o'clock in the afternoon. Foreseeing the bestirred themselves to save Maximilian by flight, to take place on the night of the 14th. Two colonels had signified their readiness to yield to the tempting offer of a hundred thousand pesos each; but finding that only drafts on Austria could be tendered in payment, or after merely acting as decoys, they withdrew, turned honest, and disclosed the plan. The result was increased precautions, and the expulsion from the city of the foreign diplomatic agents for having favored the attempt.[49]

The position of the chivalrous though weak-minded and misguided Maximilian could not fail to rouse wide-spread sympathy, even in Mexico; and petitions for mercy came pouring in from all quarters, including several from army men. Riva Palacio and Torre, who had made it their special aim to plead as supplicants with the government, pointed to the need for considering the honor of the country. Foreign governments had also instructed their representatives to assist the efforts of the Austrian embassador, Baron Lago, and Curtopassi, Hoorickx, Forest, and Baron Magnus, acting for Italy, Belgium, France, and Prussia, respectively, hastened up from Mexico for that purpose, Magnus taking the lead as the least obnoxious to the ​government, and exerting himself with admirable zeal.[50] The most effective interference would undoubtedly have been from the United States government; but this was exerted with so little zeal as to wholly fail.[51]

As it was, the Juarist authorities remained firm in their decision that the cause of justice and the future peace of Mexico demanded the death of the prisoners. Magnus offered to procure guarantees from the leading European sovereigns that they should never again tread the soil or disturb the country. But all in vain.[52] Nor did the earnest pleading of deputations of prominent women avail anything, or the frantic appeal of others like Princess Salm-Salm, speaking for her husband as well as for the archduke. Especially heart-rending was the scene with Miramon's wife, who with her two little children fell weeping at the ​feet of the president, and fainted as Juarez in deeply moved voice repeated his refusal.

The ostensible reason for the refusal was not alone that Maximilian, once in safety, would renew his pretensions, amid a group of discontented fugitives, to form his court, but that in case of subsequent internal or foreign trouble, his cause might serve as a dangerous pretence. Among the real reasons were a national jealousy of foreign interference and dictation, and the desire to show that Mexico could act independently. Leniency would be attributed to fear, although another invasion was improbable after Napoleon's failure. Hence the very pleading for mercy proved irritating, and tended to rouse the consciousness of comparative weakness to assume a mask of implacable sternness. The strongest pressure for punishment, however, came from the army, here composed of men from northern provinces, whose aversion to foreigners, unsoftened by lack of intercourse, had been increased by the irritation arising from the proximity of a powerful and suspected neighbor. They cried for revenge on the author of the decree under which their beloved leaders, like Arteaga, had met a cruel end.[53] It also flattered the national vanity of many to aim a blow at divine rights through republican sovereignty, by killing a monarch for lèse-majesté populaire — and a ruler so widely connected among European rulers.

On the 16th of June Maximilian and his ​companions made their preparations, partaking of the communion, and stood waiting for the death escort, the former calm and in light converse with his attendants, the others engaged with their confessors. The dreaded hour of three came, and still no signs of a guard appeared. More than an hour later an officer came to announce a postponement of the execution to the 19th — the only concession granted by the government — in order to give them time to settle their affairs.[54] "It is a pity," exclaimed Maximilian, "for I was prepared to finish with life." Whatever may have been his feelings, the order roused false hopes in his friends, and led to another vain appeal for mercy, on the ground that death had already been suffered in anticipation.

Maximilian availed himself of the delay to write additional letters and instructions. The counsel received each a letter of thanks,[55] as did likewise his captive officers,[56] while to Juarez he addressed an appeal to stop further bloodshed, and let his death serve to promote tranquillity. With noble impulse he had begged that his two companions might be spared; and this being refused,[57] he commended Miramon's wife and children to his relatives,[58] Mejía having, with touching confidence, charged his debtor and victor, Escobedo, to care for his son. A large number of persons were remembered in his will; a few trinkets ​were distributed;[59] Dr Basch was given his marriage-ring, with the charge to report at home on the siege and his last days, "and tell my mother that I have done my duty as a soldier and die a good Christian."[60] During these last days came a false report that Charlotte had died. It affected him deeply, but soon grief gave way to resignation. "It is one bond less holding me to life," he said.

Shortly after six o'clock on the morning of June 19th, after mass,[61] the three prisoners were driven, each with his confessor, in a common-looking carriage, to the Cerro de la Campana, where the surrender had taken place. A strong escort kept at a distance the grief-stricken citizens, and a force of 4,000 men enclosed the field.[62] Maximilian stepped lightly from his carriage and walked with dignity to the spot assigned, stroking his beard. He was dressed in black, with high-buttoned frock-coat and broad-brimmed felt hat. "Ah, what a splendid day!" he said; "I always wished to die on such a day."

They took their position at the foot of the hill in front of a shattered wall, which, like the adjacent ​fields and slopes, bore evidence of devastating batteries and cruel conflict. Turning to Miramon, who stood to the right, Maximilian remarked, "A brave soldier is respected by his sovereign; permit me to yield to you the place of honor;" whereupon he moved him to the centre and embraced him. He also pressed Mejía to his breast, saying, "General, what has not been rewarded on earth will be in heaven." After distributing some gold pieces among the soldiers detailed for the execution, and bidding them fire straight at his heart,[63] upon which he placed his hand, he spoke with firm voice, "May my blood be the last shed in sacrifice for the country, and if more is required, let it be for the good of the nation, never in treason."[64]

With equal composure Miramon read a brief piece, protesting against the imputation of treason. Mejía, at first unnerved by the effect of sickness and the sight of his wife frantic with grief, had now recovered himself and exclaimed firmly, "Viva México, viva el emperador!" The signal to fire was then given, and the three fell simultaneously. Miramon died instantly, Mejía had to receive a final shot, and also Maximilian, who received a bullet in the heart as he faintly whispered, "Hombre."[65] It was the hour of seven. ​In accordance with Maximilian's wishes, his body was embalmed[66] and sent to Mexico, to the chapel San Andrés, to be held till a formal requisition arrived from Austria.[67] Armed with this, Vice-admiral Tegetthoff received it in November, and carried it home on the Novara, the same vessel which three years before had conveyed the unfortunate man to his adopted country and his doom.[68] ​The effect of the execution in the republic varied greatly in various quarters. The boisterous manifestations attending the capture had reduced the pressure on public feeling, and now a certain sympathy and respect tended to render more subdued the upholding of Juarez' conduct. Nevertheless, we find strong demonstrations in the ultra-liberal provinces, where the memory of cherished leaders fallen in battle received too pronounced a revival. Among the conservatives, on the other hand, protestations of grief were freely made, especially by the women at Querétaro and in the capital, masses being held and emblems distributed. Conservative journals were naturally restrained by fear. In Europe, as may be imagined, monarchist devotion joined with partisan spirit, race feeling, and pretensions to humanity, to condemn the deed, some denouncing it as an assassination, others qualifying it as a useless and deplorable excess. In the United States opinion ranged between the latter view and one of reluctant approval, as a sad necessity.[69]

The empire was undoubtedly a huge mistake. It can hardly be termed illegal, for all international law

​is based upon the right of might. The assembly which issued the plan and nomination may be challenged, but the country cannot repudiate the immense vote which lent confirmation, whatever the insincerity and reservation underlying that vote. The plea of compulsion affected only a part. It was but natural to suppose that a nation so long torn by revolutions and attendant maleadministration would hail a stable government; and Napoleon and Maximilian hugged the belief only too eagerly, the latter influenced not a little by the glitter of an imperial crown. Unfortunately, their views were framed by European standards, and by the expressions of a comparatively small party in Mexico. The rest of the people they failed to understand or to fully consider. There was little to fear from the passive Indian, but everything from the middle race, the mestizos, that mixture of activity and indolence, of brightness and dreaminess, insincerity and selfishness, in whose ever-growing strength rests the future of the country. Although reckless and improvident by nature, the mestizo had tired for a while of war, and yielded with the substantial classes to the effort for a peaceful rule. But soon his jealousy was roused by the growth of foreign influence, and the preference accorded to assuming officials from beyond the ocean. The gleam of foreign bayonets supporting the throne now flashed wider, and his restive independence of spirit took alarm, fostered by conservative discontent. The very strength of the invader became a source of weakness.

The liberal policy of Maximilian was based on apparently good grounds, seeking as it did to conciliate factions, which formed the worst foe to unity and progress, and making an effort to reach the people itself. If in a sense he turned traitor to the principles of the party to whom he stood bound, and consequently lost a certain support, he did so in search of advancement, and in the hope of greater gains. He meant well. Noble ideas ever filled his mind with ​grand and humanitarian schemes; but he lacked strength and energy to carry them out. He might have done well in a settled country like Lombardy, where he gained so much approval; but Mexico needed a creative reformer, and this he was not.

Commissions formed good projects, but they were not acted upon, partly through the militating jealousies of Mexican and French officials. The latter tended to defeat the organization of a national army, the lack of which gave force to the fatal decree of October 3d, and to the fall of the empire. Almost every essential feature of reform suffered from opposition, neglect, or inanition; while petty regulations for office or barrack routine, consular service, orders and theatres, palace arrangements, court etiquette, and the like absorbed undue attention and led to unwarrantable expense. Fond of making laws, Maximilian gave less heed to their value or observance. He was not practical enough. He seemed to play at monarch and to pose royally before Europe, intent also on other plans, as shown by the protest against his renunciation of Austrian rights which opened wide-spread mistrust.

While bearing in mind that the most important measures were dependent on French interests and coöperation — and that their failure must be attributed to this source — yet it is evident that Maximilian was hardly the man for the place. It required one of sterner mould to cope with bitter factions and scheming partisans, and face a situation so critical. Usually kind-hearted to a fault, he on one side judged others too mildly, while occasional rancor and mistrust led to serious errors on the other. Of æsthetic temperament, he objected to the inharmonious, and was readily captivated by fine appearance and manner, and susceptible to insidious praise. All these were deplorable weaknesses under the circumstances, for they tended to misdirect his admirable impulses.[70] ​Irresolute and lacking confidence in himself, he was readily influenced by others to adopt unsuitable or impractical plans. While inviting able men like Ramirez and Lacunza, he yielded to mere theorists or schemers, to congenial foreigners who either failed to understand their surrounding or subordinated everything to private aims. Ramirez was not hearty enough in his coöperation as imperial minister. His republican inclinations served to lessen the energy and thoroughness of action demanded by circumstances, and led to half-hearted measures and false conclusions. Later, under Lacunza, the turn of events could hardly be changed; and Lares, the evil star of two preceding governments, allowed blind selfishness and illusion to undermine the last imperial foothold.

None of these men, however, exercised any real influence over Maximilian, such as was wielded by Eloin, who, while talented and energetic enough, lacked practical ability, and was in many respects a visionary reformer like his master. Marquez had not the broad mind and elevated character needed to evolve grand schemes, or to long maintain a controlling influence. Mejía and Mendez were but brave and loyal soldiers; and among other later friends and companions Miramon alone exercised any real power. Although a brilliant soldier, who by his sword and magnetism had made his way to the presidential chair at the early age of twenty-six, he was too much imbued with illusions, lacking the stability of character and maturity of mind requisite for either a great leader or a good counsellor.[71] ​France stood compromised, by the spirit at least of the Miramare convention, to found a strong government. She promised more than she performed, and moreover sapped the roots by absorbing the means for growth. The hostile attitude of the northern republic, with her disengaged lines of armies, tended to dispel the illusive hopes infolding the Mexican enterprise. Quicksand stood disclosed, and fear and interest demanded a retreat, even at the cost of humiliation. Maximilian was offered safety at the same price, but he refused.

Now rise the redeeming traits of the prince in the midst of misfortune. It is needless again to examine closely additional motives of ulterior plans and revolted pride, in connection with Austrian prospects and French intrigues for another government. Suffice it to recognize that the honor of his name and the appeal of his imperilled party proved the main impulse which called him to what he deemed duty, to stand by his adherents till terms could be obtained for their security. "Tell my mother that I have done my duty as a soldier!" was a last message that reflected true as well as noble feelings. His sacrifice to honor and party was wholly thrown away. Not that he could have been much deceived by the shallow assurances of his ministers; but his usual irresolution and yielding to certain men led him into fresh mistakes, and to the neglect of opportunity that might have gained at least honorable conditions and safety. The last struggle proved merely a waste of blood, although serving to embalm his memory as a brave and chivalric prince,[72] if not as a great man ​ ​ ​ ​ ​ ​

  1. ↑ He had formed one of the escorts of Maximilian when he first arrived in the country, and imanaged especially by his manner to become his favorite. Appointed col of the Emperatriz regiment of cavalry, he remained in intimate contact with tlhe imperial pair, and figured now practically as adjutant of the emperor, intrusted by him with frequent secret missions. The latter had stood golfather to his child. Hans observes that he had big Anglo-American feet. Quer., 72. Salm-Salm speaks of his fascinating manner.
  2. ↑ By producing a government decree dismissing him from the army for in famous conduct at Tehuacan, during the U. S. invasion in 1847. He was then an ensign. He acted as spy for the Franco-Mexican armies, and in May 1863 led Bazaine by little known paths to San Lorenzo. Documents in Quer., Caida, 125 — 7, 183; Hall's Life Max., 193.
  3. ↑ The commission as general had been prepared on the late anniversary of the emperor's acceptance of the throne. Lopez claims that it was to be conferred after a successful departure from Querétero. Basch, ii. 123, relates that the favorite setter dog of Maximilian showed an intense aversion for the man.
  4. ↑ For the sum of 2,000 ounces of gold, according to Baron Lago, of which he received only some $7,000, it is said. Domenech, Hist. Mex., iii. 438. Eleven reales a head, was the bitter observation of Maximilian on hearing of it. Other estimates vary. Salm-Salm, i. 239, ii. 32, has 3,000 ounces. The money obtained was probably gambled away before he left Querétaro. He preferred gold and life to death, says Hans, Quer., 174. Maximilian alluded to his act as due to cowardice. Yet he had given proofs enough of courage. The removal from command of certain friends, like Casanova, had offended him. Peza and Pradillo, Max., 75-6. In the brazen-faced defence issued by Lopez in La Toma de Querétaro, Mexico, 1867, and other forms, he declares that the demoralization among the troops, the growing desertion, officers being retained only by honor, the lack of food, of good ammunition, and the faithlessness of Marquez and others, had thoroughly discouraged the emperor. He vaguely accuses Arellano of speculating with the ammunition and artillery funds. Thus disheartened, Maximilian had, on the night of the 14th, sent him to Escobedo, asking permission to leave Querétaro with a few friends, escorted by the Emperatriz regiment. He was formally received by the republican commander-in-chief, who told him that he had no power to grant the request. Maximilian and his army must surrender at discretion. A plea for the emperor's person met with no better result. Arias, the biographer of Escobedo, repeats this story, Ensayo, 224-6; yet he admits that Lopez revealed the forlorn condition of the besieged-proof enough of treason. So does Rivera, Gob. Méx., ii. 673. A number of writers take pains to refute the story, by showing that Maximilian was busy till midnight that day, giving orders for the proposed breaking through the lines; that he had recently rejected a favorable offer of capitulation, and imprisoned certain officers who advocated it, etc.; but the knowledge we already possess of his brave spirit, high-minded conduct, and Hapsburg pride, serves to defend him at least against the intimation of private and selfish negotiations. Conclusive proofs of Lopez' treason and lies, besides self-contradictions and instances in later notes, appear in the fact that this man was the only superior imperial officer not arraigned by the victors; he was allowed to leave Queretaro, and move freely about. Further, the republican authorities have never alluded to any such advances on the part of Maximilian; and they would not have failed to expose so detested a personage had they been able. Lopez may have opened his negotiations with the story, so that Arias and others may have had some ground for the assertion. Among other excuses, Lopez ridicules the idea of bargaining for a comparatively small sum, when he had plenty of means. He stakes an estate against the proof of such bargain, and so forth. Toma Quer. 1-26, etc. He lived despised by all men, even by his wife, who abandoned him. Edward's Shelby's Exped., 131.
  5. ↑ He succeeded Mendez, as we have seen. He claims that only 1,100 covered these lines, extending over 1,400 yards, and gives a list of the main posts. Toma Quer., 18-19.
  6. ↑ Formerly serving under Miramon. The troops brought were mainly the reserve known as Supremos Poderes. They entered partly through a widened embrasure.
  7. ↑ Lopez' story is that Escobedo must have surmised enough from the message sent by Maximilian to attempt a surprise, for on returning to his men, after speaking to the emperor, he was pounced upon and arrested by the republicans. Then, intent only on saving the emperor, he led them away to the pantheon and other posts, while sending the conspirator Jablonski to warn him, and affording time for escape. He undoubtedly wished to save him, if none else. This admission that he found an early opportunity to send the warning convicts him; for by the same opportunity he could have roused his ready comrades and army. His professed reason for surrendering the posts was to save bloodshed. Tender-hearted consideration in a soldier, truly! Toma Quer., 14 et seq. Arias, adopting this, intimates that Escobedo assumed Maximilian to be disinclined for further resistance, and ordered the assault in accordance. There was a pretended arrest of the traitor, of course. Ensayo, 227-8. Lopez points out that more than a dozen commanders of posts had to be seduced for a case of treason. Seduce them he did not. Why, then, did none of them give the alarm? These very men came out in a joint protest, revealing step by step his treason as it became clear to them afterward, and showing that but for his directing the enemy and issuing orders the alarm must have been given. Quer., Caida, 43 et seq. Hans, who was stationed among the foreposts, gives a minute account of Lopez' removal and changes of troops, abstraction of their arms, displacing of cannon, etc. Quer., 175 et seq. Salm-Salm enumerates a long list of points condemning him, Diary, ii. 250-63, adding that he removed even the guard at the emperor's quarters; that he moved freely about after leading round the republican commanders, who were in citizens' dress, and afterward rifled Maximilian's room. Several liberal officers pointed him out to the besieged as the traitor. See also Arellano, 141-2; Peza and Pralillo, Max., 9S et seq. A report from more than one republican officer appeared in Restauracion, no. 23, 1867, admitting that the place was surrendered by the chief in command at the convent. A report in Méx., Col. Leyes, 1863-7, 210, places the capture at 3 a. m. Lopez, Refut., 1-24; Mex. Legac., i. $2 5, etc.; Doc. Hist. Mex., 1832-75, pt vii. 3-19; Pap. Var., cxxxv. pt ii.; Sociedad, Sept. 9, 11, 15, 1867, etc.; Bol. Rep., June 26, 1567, and other journals.
  8. ↑ The officer in command was Col Rincon Gallardo, on whose family the empress had conferred many favors. Maximilian attributed his conduct to gratitude, for the recognition was mutual. Indeed, the monarch was too striking a person not to be readily known. His companions were Salm-Salm, Gen. Castillo, Lt-Col Pradillo, and Sec. Blasio. Basch states that he had
  9. ↑ Lopez admits even that he had power to detain and control the movements of the enemy. Toma Quer., 17.
  10. ↑ Shot in the face, he was carried to the house of Dr Licea, who betrayed him the same day through fear. Salm-Salm, i. 196. Both he and Mendez had fought fiercely until wounded, when they sought safety in hiding. Edwards' Shelby's Exped., 129.
  11. ↑ been restless during the night from anxiety and dysentery. When first roused, he imagined a plot against his person. Lopez was now assumed to be a prisoner, from being in company of Gallardo. At the consultation just before midnight he hall been instructed by Maximilian to shoot him rather than let him fall alive into the enemy's hands during the proposed break. 'Durch eine Kugel mein Leben enden.' Erin., ii. 134.
  12. ↑ Miramon would probably have attempted it, but Mejía had long been discouraged and was still suffering from sickness. A tradition has it that a French officer did offer to save the emperor. He declined, and the officer cut his way through at the head of a small force. D'Héricault, Max., 264.
  13. ↑ See Peza and Pradillo, 97-8, wherein it is also stated that Maximilian found only 150 infantry on reaching the Cerro. Mejía brought a small mounted escort. Salm-Salm declares that under pressure of sharp firing white flags had already been hoisted at two points on the Cerro before Maximilian consented to yield. The enemy continued to fire for at least ten minutes after the hoisting.
  14. ↑ 'In a polite manner and bareheaded, addressing the emperor, Vuestra Majestad.' Salm-Salm, Diary, i. 200. On descending the hill to meet Corona he was embraced by an excited republican who expressed admiration for his brave defence. Another seemingly drunken officer flourished a pistol in his face. Hans, Quer., 194, calls him Dávalos, formerly serving under Marquez.
  15. ↑ Both Corona and Escobedo report that Maximilian declared he had abdicated and was no longer emperor. He desired an escort to the coast, there to embark, promising never to return. Escobedo said he could concede nothing. 'I at least hope to be treated with the considerations due to a prisoner of war,' he resumed. 'Eso es V. mio,' was the affirmative answer. Arias, Ensayo, 233, This promise having been denied by many, Salm-Salm solemnly asserts that it was clearly made. Diary, i. 203; Masseras, Essai, 251-4.
  16. ↑ Among the favorites with him were Col Guzman and Minister Aguirre, besides those who followed him to the Cerro. Lopez had rifled his room of effects and documents. Basch relates how the officers pressed their prisoners for every valuable article about them, and even took them by force. Erin., ii. 138–40.
  17. ↑ The Emperatriz regiment was left entire under the liberal officers; but on the march to Mexico the latter were assassinated, and the men formed themselves into a guerrilla band. Salm-Salm, i. 212. Escobedo reported 8,000 rank and file captured and incorporated, and over 500 officers, including 15 generals; also 55 cannon, 68,500 cartridges, etc. Estrella de Occid., July 12, 1867; Lefévre, Docs, ii. 415., Méx., Col. Leyes, 1863-7, iii. 211. The 8,000 men must embrace Mejía's lately organized citizens. In the republican ranks they were not treated very liberally, as may be supposed, especially foreigners, who complained of being both starved and beaten. Salm-Salm, Diary, i. 2256, 266, ii. 130. Hans states, however, that his party was well treated in Palacio's division. Quer., 197.
  18. ↑ Two marauders were shot as a warning. Sombra de Zaragoza, May 21, 1857.
  19. ↑ Hans, 195-6, 204-6, and Salm-Salm, 212, give instances. Forty are said to have been put up for targets, but this is doubtful. In one case a tumult created belief in a plot to escape, and led to unfortunate shooting.
  20. ↑ The artillery chief, who bribed his captor and reached Marquez at Mexico. Arellano, 148-51. Marquez accuses this man of treason, in retaliation for his charges. Refut., 145-9; but there is no evidence against him.
  21. ↑ Arrangoiz, Mej., iv. 315, complains that this incident has been left unnoticed by others.
  22. ↑ Escobedo, says Arias, 'tenia en sus manos las vidas de Maximiliano,' etc., and could have done so with impunity. Ensayo, 234. Mendez was to be shot in the back as a traitor, but objecting to the insult, he turned partly round as the signal was given. Salm-Salm, i. 217-18. Hans, 295–6, alludes with feeling to his last adieu. According to Salm-Salm, an order came later to shoot all the leaders, but this is doubtful. A number of French officers tendered their services to Escobedo, which he contemptuously refused. Their action was condemned by compatriots. Names in Diary, i. 222-5.
  23. ↑ This outrage was due to Gen. Rufio Gonzalez, an ultra-republican who had protested against the earlier indications of sympathy for Maximilian, and managed to assume a share in the guardianship. After a transfer on May 11th, to Santa Teresa convent, he passed from the 22d to the 24th in the grave vault, and was thereupon removed to the Capuchin convent.
  24. ↑ It was situated in the upper story, opening on a passage which embraced three sides of a small central court. The furniture consisted of an iron bedstead, two tables, a rocking-chair, a few ordinary chairs, and a box. The only article de luxe was a silver candlestick with wax candles. The size of the brick-floored cell being only about 18 by 20 feet, the passage proved acceptable for giving additional room. A cut is given in Salm-Salm, Diary, i. 231-5, ii. 105.
  25. ↑ 'Die unten zittern, wenn der Löwe im Käfig sich regt.' Basch, Erinn., ii. 190. Whether intentionally or not, a crown of thorn had been hung against the wall. Rubio, the rich manufacturer of the town, provided the table of the emperor, and from this his poorly supplied companions obtained a share. He continued to suffer from dysentery, and a doctor from Escobedo's army was called in to join Basch so as to allay suspicion. His companions, notably Salm-Salm, were constantly in his room to entertain him, conversing, playing dominos, and so forth. Among the few books at his command was the History of King Charles I., appropriate if not cheering.
  26. ↑ Salm-Salm was given full power to arrange the points with Col Villanueva, acting for Escobedo. The negotiations were made on May 20th. Diary, i. 220-3.
  27. ↑ They were to be judged especially under its articles 6 to 1l; yet it was pointed out that according to art. 28 they might have been executed on the instant. Max., Causa, 4-9.
  28. ↑ Princess Salm-Salm, who exerted herself zealously with Juarez and others in behalf of the emperor and her husband, claims to have obtained the second prolongation of time for nine days, till the 13th of June. Diary, ii. 41-4. The first was for three days. Legac. Mex., i. 186-96, 260-8.
  29. ↑ 'He is not, however, the only prince who has had to mourn over a too late,' writes Salm-Salm, i. 250. This warm adherent received on this occasion his despatch as general, antedated the 14th of May, and other honors. He relates fully the efforts made to carry out the promising flight. Horses stood ready in certain houses, and promises had been issued to pay additional sums to the abettors in case of death or success. Maximilian consented only to tie up his beard and put on colored spectacles for a disguise. The fugitives were to live henceforth at Miramare, Mejía declaring that his wants were few, for he would 'nichts thun, als fischen.' Basch, Erinn., ii. 189. The display of gold, from the advance paid to the conspirators, led to a disclosure after a few days, and stricter measures and a stronger guard were the result. Salm-Salm, Diary, i. 232-58.
  30. ↑ It was one of his columns, under Velez, which took possession of La Cruz during the eventful morning of May 15th. He had been specially commended by Maximilian for his humanity, and this won the father's heart.
  31. ↑ Their first joint consultation was held on June 5th. Hall claims to have furnished the main points used for the argument — an assertion which the Mexicans are not likely to admit. As a foreigner, he was debarred from practising in the court. Life Max., 212, etc.
  32. ↑ To the number of about 1,500. A full report of the proceedings is given in the local journal, Sombra de Arteaga.
  33. ↑ The former, named Platon Sanchez, was killed by his men not long after, For other names, see Max., Causa, 173. All were young, and some could not read, says Salm-Salm; unfit, adds Hall, Life Max., 284, to decide the points presented.
  34. ↑ Originally a lawyer, but now a lieut-col, assisted by J. M. Escoto as asesor, both young men. Salm-Salm describes the latter as a 'young fellow of twenty, who had a very bad and ferocious expression,' and was a tool of Escobedo. Diary, i. 262.
  35. ↑ They refused to add anything to the arguments of their counsel, P. C. Vega appearing for Mejía and Jáuregui and Moreno for Miramon.
  36. ↑ Provoking a smile even from Maximilian when submitted to him at former private examinations.
  37. ↑ Hall among others inveighs against this and other features as outrageous; but he does not always bear in mind the nature of the court.
  38. ↑ This existence de facto, together with the popular as well as representative vote on which it rested, was proof enough of its sovereignty de jure. The constitution permitted a change of government, and a majority had declared for the empire. What the real feelings were of the voters had nothing to do with the case; nor was it affected by liberal triumphs, else the liberals might have been counted out of existence on more than one occasion since 1857.
  39. ↑ He refused, in fact, to come till such vote had been given. If the vote
  40. ↑ His decree, instigated by duty, was intended rather to intimidate, and few executions resulted from it.
  41. ↑ Ortega devoted some attention to demonstate this from articles in the constitution and in the law itself. The danger to which it applied was past, and the power of the president by art. 29 to suspend certain guarantees did not extend to those securing life. According to the defence prepared by Hall, the president had no authority to legislate, and any law not issued by the legislative power was unconstitutional. It was also unconstitutional to punish political crimes with death. Congress had no right to let the president make laws. These points were not pressed by the Mexican counsel.
  42. ↑ The acts of a government risen against the constitution should be tried according to art. 128. The rights of the nation having been violated, the federation was interested, and according to art. 97 federal tribunals must take cognizance; so also by art. 101, when personal guarantees are concerned. The observance of the constitution, interrupted by rebellion, must be restored as soon as the people recovered its liberty. This was no doubt a lost point, for the fight continued round Mexico, in accordance with Maximilian's late regency decree.
  43. ↑ Art. 13 of the constitution forbade, besides, any special tribunal, was fraudulent, he as a foreigner, on the other side of the ocean, could not judge. The demonstrations always accorded, on and after arrival, tended to confirm the sincerity of the vote. The term 'filibuster' is inapplicable and absurd under the circumstances. Besides, he brought no troops, but came peaceably, even without escort. Nor did he serve as a French instrument, for he opposed the projected session of Sonora and other Napoleonic schemes. Military courts were for discipline, etc., and Maximilian not belonging to the army — at least, not to the army controlled by these courts — he could not be subjected to them. The points involved were difficult for experienced judges, much more so for the young military members of court, who knew little or nothing of law. Maximilian had already protested against them as of too low a rank to try him. All this had been previously overruled by Escobedo. A court of generals would undoubtedly have been less subservient to dictation from an interested source, and more careful of their local and foreign reputation, hence, more impartial.
  44. ↑ 43
  45. ↑ Evidence of public notoriety was inadmissible, unless proved reliable, and so forth. Vazquez entered into a review of this point, altogether too elaborate as compared with others.
  46. ↑ The case of Ortega was also brought up in a previous representation, as being left to a superior tribunal.
  47. ↑ The defence, as framed by Ortega and Vazquez, is lacking in symmetry and sequence, partly because each took a special section; but even with greater study and intonation of points it would not have availed against a court biassed by political feelings, and acting under pressure, if, indeed, they were not pledged beforehand. It forms an appendix, pp. 17-55, to Palacio's and Torre's Mem. In previous representations a public investigation of Maximilian's administrative acts was urged as needful to so important a case, for willing to enter on grounds so dangerous to their aim. That he had abdicated was also made a point. The Miramare treaty might have been produced to weigh in his favor, as freed from criminal intentions with regard to French acts.
  48. ↑ Maximilian was found guilty of the crimes specified in parts 1, 3, 4, 5, of art. 1, in part 5 of art. 2, and part 10 of art. 3, in law of Jan. 25, 1862; that is, of promoting invasion and usurping the supreme power. Miramon and Mejía fell under parts 1, 3, 4, 5, of art. 1. The death penalty was in accordance with art. 28, for persons caught in flagrante delicto. The asesor approved the documents in the case, which embraced also preliminary interrogatories. These began May 24th, with inquiries for name, birthplace, etc., of the accused, why he had come to Mexico, waged war, etc. The questioning continued on the 25th and 26th, Maximilian demanding on the latter date to be judged by a congress and given time for defence. On the 29th he made a declaration reviewing the reasons for coming to Mexico and his acts, and protesting against a court-martial, under the decree of 1862. A more elaborate protest was made June 6th, supported by Riva Palacio and Torre on the 10th, and by their supplementary appeal on the 12th, in addition to petitions for mercy. For full and partial reports of proceedings, with documents, see Causa de Maximiliano, Mexico, 1868, 473 pp., reprinted with Aries, Reseña, 283-723, which forms the official report; Memorandum sobre el Proceso del Archiduque Fernando Maximiliano, Mexico, 1867, i.-iv. 3-109, embracing the account by Riva Palacio and Torre of their zealous efforts in Maximilian's behalf. Defensa del Archiduque, 1-55, records the pleading of Vazquez and Ortega. In Hall's Life of Maximilian, i. 213-84, are found also points prepared by this American lawyer for use of counsel. See also documents in Méx., Col. Leyes, 1863–7, iii. 210-45; Pap. Var., cxxv. pt 2, cxxxv. pt l; Lefêvre, Doc.. ii. 413-50; Boletin Rep., July 2, 1967, and later dates; Estrella de Occid., Constitucional, Diario Ofic., Sociedad, and other journals; Vega, Docs, ii. 319, etc., Correspond. Legacion, i. 1-345, contains correspondence with legation at Washington on the trial and execution.
  49. ↑ Of the colonels, Villanueva and Palacios, the latter broke his word of honor in revealing the plan. They had demanded the signature of foreign ministers on the bills besides Maximilian's. Baron Lago of Austria gave his, but the other ministers refusing to sign, le withdrew. Salm-Salin was placed under closer arrest and his wife sent away. For details and fac-simile of Maximilian's order, see Salm-Salm, Diary, i. 269, 281-90, ii. 65, 80, etc.; Basch, ii. 200-5. It has been assumed that the colonels intended merely to implicate the ministers, and Masseras believes that the prudence of the latter saved them from great danger. Essai, 321. Juarez is said by some to have personally desired an escape of the prisoner; but this is not probable.
  50. ↑ Lago excused his apparent inaction by the plea that a direct appeal from the Austrian representative would injure rather than serve Maximilian. For. est was merely a consul, sent by Dano. Détroyat blames the latter for not acting in person. L'Intervention, 367. He was afraid for himself and doubted his influence. Middleton, the English chargé d'affaires, also remained at Mexico. Salm-Salm accuses the Austrian and Belgian members of the corps of talking very loosely about Maximilian, and stamps the former as a rank coward; yet Maximilian wrote him a letter of thanks, in 'good-natured weakness.' Diary, ii. 59-60, 63, 74, 98. Arrangoiz makes more ado about their refusal at Mexico to implicate themselves by taking charge of effects from the imperial palace. Méj., iv. 326-9. Among the army men who spoke for clemency were generals Treviño and Vega. Querétaro offered Maximilian's weight in gold. Basch, Erinn., ii. 237, 242-4.
  51. ↑ Austria among others had prompted the cabinet at Washington, and their minister Campbell was instructed to recommend a humane policy; but he remained passively at New Orleans, and only sent despatches which served rather to annoy by their tone of authority and of censure for previous cruelties. Again prompted, Seward spoke to the Juarist minister Romero, but delayed further action till too late. U. S. Foreign Af., Lefévre, Docs, ii. 431-10. Domenech assumes that proper remonstrances from Seward would have been commands to Juarez, and concludes that the neglect to send them entails 'une terrible responsabilité relativement à la mort de ce malheureux prince.' Hist. Mex., iii. 432. He hints at selfish political motives. Otterburg was appointed to replace Campbell and interpose his ministerial influence, but too late. He lays the blame on Campbell. D'Héricault, Max., 326, and Arrangoiz, iv. 347, accuse the United States of a desire to retaliate on France. See also Méx., Col. Leyes, 1863-7, iii. 194, etc.; Vega, Docs, iii. 319 et seq.; Méx., Legac., i. 3-315, passim; Masseras, Essai, 430–2; Max., Mem., 79-83, etc. Victor Hugo and Garibaldi were among the pleaders.
  52. ↑ This was in reply to Minister Lerdo's observation that no guarantees existed against a fresh invasion. Austria supported the promise with an offer to reinstate the archduke in his rights as such, after he had renounced his projects in Mexico. This offer came too late.
  53. ↑ This is generally admitted, and Escobedo stands widely accused for having promoted the feeling. Many insist that he could have saved Maximilian. His selection of men for the court-martial was a proof of ill-will. He declared to the president that if Maximilian was not shot, that he, Escobedo, could not hold his army together.' Hall's Life Max., 207, 212. Salm-Salm is doubtful about vindictiveness and cruelty as motives, but believes in a desire for revenge by army and ultra-republicans. Diary, i. 273; Lefévre, Docs, ii. 410. Basch assumes that Juarez did not forget that Maximilian had refused to recognize him, giving the preference to Ortega. Erin., ii. 103. His letter to Miramon, ordering Juarez and officers to be judged by court-martial, if caught — at Zacatecas — is also brought forward as irritating. The Indian nature is certainly tenacious. Maximilian would no doubt have given guarantees to abstain from all claims, but promises have never had much value in Mexico. Pardoned chiefs used to rise again as soon as released.
  54. ↑ Escobedo hail certainly not acted with military strictness in letting the hour fixed pass by. The telegram of reprieve from San Luis Potosí came fully an hour late.
  55. ↑ The emperor of Austria rewarded them with rich presents, for they refused a fee. Diar. Ofic., July 13, 15, 29, 1868.
  56. ↑ The proclamation attributed to him, wherein he rails against Napoleon, is not authentic. It appeared in Sombra de Zaragoza, May 21, 1867, suppl. Hall gives a translation in Mex. under Max., 194-5. A proposed denunciation of Marquez was not written. A letter to the pope asked for an indulgent opinion and prayers. Arrangoiz, Méj., iv. 340.
  57. ↑ In Mejía's case no doubt for the sake of showing that partiality had not been manifested for a native.
  58. ↑ The empress, or her Belgian relatives. Arrangoiz, iv. 327-30. Domenech speaks of a legacy of $50,000, and an appeal to his brother. Hist. Mex., n. 416. But the letter to Lago says that she was recommended to his mother, Hall, 290–1, receiving a pension of 4,000 florins. Constit., Jan. 17, June 7, 1868. Mem. Hac., 1868, ap. 46, doc. 7, pp. 23-8; Estrella de Occid., June 5, 1868, refer to some landed property of Miramon.
  59. ↑ Hoorickx vainly objected to the number of legatees. Queen Victoria, the count of Flanders, and the empress of Brazil received tokens. He had directed Salm-Salm to write down a distribution of orders, Diary, i. 268, but this was overruled, as a resumption of sovereign power. Miramon commended his sons also to Gen. Arellano. Arrangoiz, iv. 337-9. Mejía's wife spurned the aid of her husband's murderer, as she termed Escobedo.
  60. ↑ Erin., ii. 209. After some discussion about the persons to be charged with writing the history of his reign, Father Fischer and Prince de Joinville being considered, he determined, in an unsigned codicil to his will, upon the ex-minister Ramirez and Prince Salm-Salm. See preface to the Diary of the latter for obstacles. Masseras assumes wrongly that 'la question ne fut pas tranchée.' Essai, 315.
  61. ↑ Maximilian had retired at eight o'clock, and fallen asleep after reading a while in Imitation of Christ. Toward midnight Escobedo intruded to say farewell. He thereupon rested peacefully till half-past three. Mass was held at five. Soon after he took breakfast of coffee, chicken, half a bottle of red wine, and bread. Dr Basch received his last injunction to take to his mother the scapulary in his vest pocket. Erin., ii. 218.
  62. ↑ Salm-Salm states that the hour was anticipated to prevent a demonstration; yet from the roofs some epithets and missiles were launched upon the soldiers. Diary, i. 306. Hans, Quer., 219, speaks of deserted streets, and Domenech copies him. Arias denies that insults were offered to Maximilian; others speak of loud sympathy.
  63. ↑ He gave each of the seven men in his squad a Maximiliano de oro, about $20. The captain in charge had with tears in his eyes begged his pardon. 'You are a soldier, and must do your duty,' was the answer in a kind tone. The men belonged to the first battalion of Nuevo Leon. Maximilian noticed with regret the absence of a friend to whom he might give a last message, but Basch had remained behind wholly overcome with grief, and Baron Magnus stood behind the line of guard. He accordingly gave his hat and handkerchief, after wiping his brow, to the valet Tüdös, requesting him to give them to his mother. Simon Montemayor, who commanded at the execution, died Jan. 1881. Diario Ofic., Jan. 21, 1881.
  64. ↑ This is the version given in Basch, ii. 220, by Dr Reyes, who attended the execution. Others vary. The most commonly accepted is: 'I die for a just cause, the independence and liberty of Mexico. May my blood seal the misfortunes of my new country. Viva Mexico! This is given in the official Causa Max., 451. Yet a longer speech circulated among the public: 'Mexicans, persons of my class and origin are appointed by God either for the happiness of peoples or to become martyrs.' He had come to promote their weal, he continued, and thanked those who had sought to aid him. He hoped that his blood might 'regenerate this unhappy country.' Max., Mem., 88. Hans, Quer., 222, differs somewhat from the former version. Some republicans claim that he begged pardon for the blood he had spilled. See also D'Héricault, Max., 362-5.
  65. ↑ 'Man.' Others say that it was, 'Poor Charlotte.' Arias, the official account, Hall, and Salm-Salm declare that he received a coup-de-grace, and uttered the word 'hombre.' Some will even have two final shots. Others assume that he died without a struggle, on the authority of Basch, who writes that he had been penetrated by six bullets, fired at a short distance, three striking the breast with deadly effect, one the heart. The face remained untouched. Basch, Erin., ii. 219-20. But it has not been clearly shown that one of these bullets was not the final one. Salm-Salm claims five bullets for the first fire, and that notwithstanding all the Mexican doctors indicated a bullet near the spine, probably the last. Diary, ii. 128. Era una alma grande!' exclaimed the colonel in command, on returning to Basch. The mourning in Querétaro was very general, especially among women, says Salm-Salm, and relics were eagerly sought, and so says Hall, Life Max., 295, 297, 301. A monument was raised on the hill in latter years. Diario Ofic., Mar. 23, 1881.
  66. ↑ By Rivadeneyra and Licea, the former inspector-general of the army medical corps, the latter the betrayer of Miramon. The operation was difficult, owing to lack of proper means, as reported June 27th, when concluded. Arias, Reseña, 709–10. Salm-Salm speaks of indecent treatment of the body by Licea and ultra-liberal officers. Diary, i. 312-13. The embalmment is claimed to have been good. Diar. Ofic., Nov. 10, 1867. The doubt expressed in Hall's Life Max., 306, is set aside by Basch, Erinn., ii. 224; Manero, Rel., 2.
  67. ↑ Maximilian had ordered its surrender to Baron Magnus and Dr Basch, Erin., 208, 216, but the government desired to be relieved more formally of the charge. It was sent from Querétaro at the end of August. The beard and hair were reduced by relic-hunters, black glass eyes replaced the natural blue ones, and the body was dressed in blue campaign coat with gilt buttons, military boots, black tie and gloves. The cedar coffin was lined with zinc, and covered with black velvet banded with gold lace. The head, visible through a glass panel, rested on a black velvet cushion with gilt tassels. Diar. Ofic., Nov. 10, 1867. Later a fine granadilla coffin was provided. Vice-admiral Tegetthoff arrived in Aug. and demanded the corpse on behalf of the family; but coming in no official character, he had to wait till a formal application arrived from Chancellor Beust. For correspondence on the subject, see Max., Causa, 454-64; Arias, 708–16; Max., Mem., 105-13, etc. The bodies of Miramon and Mejía were surrendered to their families.
  68. ↑ The admiral was attended to Vera Cruz by a cavalry escort of 100 men. Here a ceremonious reception was accorded at the draped parish church. On Nov. 26th the Novara left the harbor by way of Habana, where imposing demonstrations took place. Concerning the funeral in Austria, see Constit., Nov. 13, 1867, Jan. 11, 28, Feb. 15, Mar. 12, 20, 1868; Diario Ofic., Apr. 15, May 7, July 8, 1868, etc. Maximilian had requested that his body should be deposited by the side of Charlotte, but she still lived her living death, and it was placed in the imperial vault. In Nov. 1870 a statue was unveiled to his memory at Hietzing, near Schönbrunn, Austria, Napoleon subscribing to it among others. Voz Méj., Jan. 16, 1872; Federal, Jan. 6, 1872; Monitor, Jan. 17, 1869. Dr Licea had kept a lot of clothing, hair, and other effects of the archduke, awaiting a purchaser, but the courts compelled their surrender. Most of the belongings were scattered, however. His villa became a school house; part of his furniture and table service fell into the hands of Gov. Leyva; his sword passed from Juarez' family to the later president Lerdo; his fine library was hurried away to Europe and sold, the choicest part going to enrich my own collection; his private papers were many of them scattered, Arellano accusing Fischer of selling several. Ult. Horas, iii.-iv. See also Federal, May 3, 1873; Voz Méj., June 2, 7, 9, 1877; Constitucional, Nov. 16, 1867, Jan. 3, Feb. 10, 1868, etc. In Derecho, iv. 147-55, is an account of litigation for effects. Conkling's Guide, 200. Among the obstacles to the execution of Maximilian's testament was the unfortunate condition of Charlotte.
  69. ↑ 'La política de los Estados Unidos, que han querido dar una leccion severa á Europa.' Arrangoiz, Méj., iv. 347. Cluseret maintained that most Americans regarded it as 'un acte de haute politique commandé por la situation.' 'L'acte'sévère et tout au moins inutile,' says Détroyat, L'Interven., 369-70; Moniteur Univ., July 5, 1867, takes a severe tone. While Frenchmen are ready to blame the church and conservative party for deception, etc., Germans and others prefer to blame Napoleon. See Salm-Salm, Diary, i. 281; Arrangoiz, etc. In Legac. Mex., i. 241-345, is reviewed the feeling in the sister republic from a Juarist standpoint. See, further, Bol. Rep., July 21, 1867 et seq.; Zerecero, Rev. Mex., 131; D'Héricault, Max., 1-20. Sympathy for Maximilian spread in Mexico, as shown by Hans, Quer., 224-7; Tovar, Hist. Parl., i. 359.
  70. ↑ Salm-Salm exalts him as the 'noblest, best, and most amiable' of men. Diary, i. 315. The disappointed conservative Arraugoiz finds him 'seco, altivo, y vengativo,' even false and inconstant. Méj., iv. 340. D'Héricault points to his freedom from prejudice in the desire to leave even the hostile attorney Aspiroz a legacy. Max., 323. Arias himself is ready to admit his humane sentiments. Reseña, 244. In the suite of these different representative opinions we find most others follow, the generality being ready to praise, especially Stern, Basch, Kollonitz.
  71. ↑ The half-uttered imputations against his loyalty have not enough foundation to merit consideration, and he atoned for any such intent with his blood. Salm-Salm states that he accused himself in his last days of having brought Maximilian into captivity. Diary, i. 301. But this may refer to his neglect of better campaign plans. Even this writer is ready to believe that he was merely unconsciously the evil genius of the archduke.
  72. ↑ 'Durch mich wird der Ruhm meiner Ahnen gewiss nicht verdunkelt werden,' was a piece of vanity which did not, however, belie its author.

    Alberto Hans, Querétaro; Memorias de un Oficial del Emperador Maximiliano, Traducidas del Frances, con Notas y Rectificaciones por Lorenzo Elizaga. 2a ed., Mexico, 1869, sm. 8°, pp. 250. The author, an ensign of artillery in the imperial army, gives a detailed account of the siege of Querétaro and different military operations. He passes judgment upon the capacity and conduct of various generals serving in that army, strategical faults being pointed out. Hans wrote in French and dedicated his book to Charlotte. It is regarded as an important work, and was translated into Spanish by Lorenzo Elizaga, who at the end appends some pages of notes and corrections by himself, as well as an article written by Manuel Payno and published in the Siglo XIX. Hans was a strong partisan of Maximilian, and while being as impartial as his position and political views would allow in his narration of events, he is occasionally unjust to the republican party. It is to refute such expressions that Elizaga penned his notes and Payno his article.

    Felix Salm-Salm, My Diary in Mexico in 1867, including the Last Days of the Emperor Maximilian, with leaves from the Diary of the Princess Salm-Salm. London, 1868, sm. 8°, 2 vol., pp. xiv., 320, and 328. Maximilian in his last will expressed the desire that this author and the ex-minister Fernando Ramirez would undertake to write an historical account of his three years' sojourn in Mexico and of the preparatory period, with the assistance of documents kept in England and at Miramare. Salm-Salm was unable to procure those papers, and in his preface relates the efforts he made to obtain them and carry out one of the last wishes of the emperor. Aware that a publication about the occurrences at Querétaro was expected from him, he resolved to publish such a narrative with the help of his diary. He has to regret the loss of many important papers during the occupation of Querétaro by the liberals and his own imprisonment. He had written while a prisoner an account of these events for the emperor of Austria, and delivered it to Mr Price to forward it by the English courier to Vera Cruz. He states, vol. ii., p. 105, that he did not know whether it ever reached the hands of the emperor. Salm-Salm enters minutely into the occurrences at the siege of Querétaro, describing particularly the imprisonment and execution of Maximilian, as well as his own experiences while under condemnation of death to the time of his release. His wife's diary, which occupies the first 88 pages of the 2d volume, contains an account of her exertions to effect the escape of Maximilian by attempting to bribe the officers under whose guard he was placed. She attributes her failure to the meanness of the foreign representatives in not supplying her with funds. The Austrian and Belgian ministers she regarded as actually unfriendly. In both diaries the personal appearance and manners of prominent men are described. Prince Salm-Salm was general, first aide-de-camp, and chief of the household of Maximilian. He subsequently entered the Prussian service, and was killed before Metz, in August 1870. His wife was an American, and, as she states, 'understood perfectly well the feelings of the Mexicans.' ii. 57. This work has been translated into Spanish by Eduardo Gibbon y Cárdenas, and was published in Mexico in 1809, under the title, Félix de Salm-Salm. Mis Memorias sobre Querétaro y Maximiliano. The diary of the princess was also translated from the German and published serarately, under the title, Querétaro; Apuntes del Diario de la Princesa Inés de Salm-Salm. Mexico, 1869, sm. 4°, pp. 51.

    Ignacio de la Peza y Agustin Pradillo, Maximiliano y los Ultimos Sucesos del Imperio en Querétaro y Mexico. Mexico, 1870, sm. 8°, p. 179. The object of the authors of this volume was to refute numerous false statements and misrepresentations asserted to be contained in Salm-Salm's book entitled My Diary. Peza was a colonel of artillery in the imperial army, and Pradillo Maximilian's only aide-de-camp in Querétaro, 'Unico Oficial de órdenes del Emperador en Querétaro.' They accuse Salm-Salm of ingratitude to his Mexican friends, of untruthfulness, and of attempting to stain the reputations of those who generously extricated him from difficulties on his arrival in Mexico. In their narrative of events they charge him with being responsible for the disastrous results of various engagements, and speak lightly of his military qualities. The last 28 pages are taken up by an appendix written by Manuel Noriega, whom the authors defend, and who deemed it necessary also to take up his pen in the same cause. Salm-Salm's remarks about the Mexican officers and troops were somewhat supercilious and ill-judged, and these writers show their resentment.

    La Caida de Querétaro en 1867; Varios Documentos Relativos á aquel Acontecimiento. Mexico, 1868, sm. 8°, p. 192. Miguel Lopez, a colonel in the imperial army, smarting under the charge of treacherous conduct at Querétaro, published July 31, 1861, a manifesto, under the title of La Toma de Querétaro. in which he attempts to vindicate his action, giving his version of events connected with the fall of that city. He supports his assertions with copies of 14 official documents. Lopez allows himself to be carried away by passion, and makes a number of false statements, which are refuted in a pamphlet issued by imperial officers imprisoned at Morelia, and by publications of Salm-Salm, Felix Becerra, and others. The attack of these imperialists on Lopez is very severe, and proves that he was bribed to surrender the point which in all honor he ought to have defended. This volume is a collection of the above-named pamphlets and documents, and of insertions in periodicals bearing upon the question.

    S. Basch, Erinnerungen aus Mexico. Geschichte der letzten Zehn Monate des Kaiserreichs. Leipsic, 1868, 89, 2 bks in 1 vol., pp. vi., 196, and vi., 261. This book may be considered as a sequel to Kératry's work on the intervention, the author coinmencing his narrative at a historical point just before the departure of the French, with which event Kératry closes. Basch was physician in ordinary to Maximilian, and was by his side from September 1866 to the time of his death. He enjoyed the emperor's confidence, and was an eye-witness of many circumstances which would have remained unknown had he not published them. His work has an importance almost official, since Maximilian, with the intention of writing a history of the war, intrusted Basch with the care of preparing material, and placed at his disposal his own private manuscripts and documents of the war department, among which were plans of campaigns, orders of the day, and protocols of councils of war, When Basch was made prisoner, many of the papers written in Spanish were lost, but nearly all those in German were saved. From these, and from notes made by himself and others around Maximilian, Basch produced his work by the express order of the fallen emperor, who himself gave to it its title. It contains copies of a number of official documents that had not been previously published. This volume has been translated into several European languages, and in 1870 Dr Manuel Paredo published a translation in Spanish from the Italian edition, under the title, Samuel Basch, Recuerdos de Mexico, Memorias del Médico ordinario del Emperador Maximiliano. (1866 á 1867.) Mexico, 1870, 89, pp. 479, 1.1. In this volume the translation-which is an excellent one-occupies the first 327 pages, the remaining 152 pages being taken up by a production of Hilarion Frias y Soto, written for the purpose of correcting and refuting Basch, whose depreciation of Mexicans, false views of affairs, and errors could not be passed over in silence.

    Frederic Hall, Life of Maximilian I., Late Emperor of Mexico, with a Sketch of the Empress Carlota. New York, 1868, sm. 8°, pp. 317, with portraits and plates. The author was one of the legal advisers of Maximilian. In the first chapter he gives a brief sketch of the leading events connected with the Austrian nation and the house of Hapsburg. He states in his preface that his object was not to give a history of the Mexican empire under Maximilian, but to portray his personal qualities, and concisely state the facts and law pertaining to his trial. Hall is a great admirer of the unfortunate emperor, whom he regards as a victim, and describes as a 'noble chief.' The trial he stigmatizes as a farce, which, with the succeeding tragedy, are recorded as a stain on the pages of the history of the Mexican nation which can never be effaced therefrom. The author supplies a number of documents, the most of which relate to Maximilian's trial. The same work was also published in New York, without date, under the title, Invasion of Mexico by the French, and the Reign of Maximilian I., with a Sketch of the Empress Carlota.

    Juan de Dios Arias, Reseña Histórica de la Formacion y Operaciones del Cuerpo de Ejército del Norte durante la Intervencion Francesa, Sitio de Querétaro y Noticias Oficiales sobre lit Captura de Maximiliano, su Proceso Intryro y su Muerte. Mexico, 1867, 89, pp. 725, 11. 3, with portraits and plans. This author does not attempt to enter into any explanation of the causes which conduced to the English, Spanish, and French alliance, but attributes the intervention to the machinations of Napoleon, who made Mexico his safety-valve by employing the restless French army in a foreign war, and thereby diverting it from revolutionary outbreak at home. Arias regarıls Maximil. ian's fate as merited, and the disgrace which attended the arms of France as justly deserved. This work, as the title sets forth, contains an account of the operations of the army of the north, the siege of Querétaro, and Maximil. ian's capture, trial, and execution. The plans of battle-fields are good.

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