The Trial of Maximilian.
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but of having protested against the same. generally recognized usages and rales of war, Each accusation to which the defendant that if he is to be tried by any court, or by returned no answer was taken as having been any law, the trial should be before a compe proven against him. Moreover the limits of tent court, and in accordance with Inter his answers were closely circumscribed by national Law, as understood among civilized the court, and the objections of his counsel nations; which consists of those rules of invariably overruled. conduct which reason deducts as consonant The Emperor, seeing himself already sen to justice from the nature of the society tenced under the guise of law, was yet anx cxisting among independent nations, with ious that his true legal position should be such definitions and modifications as has made known to educated men in the rest of been establshed by general consent. the world. For this purpose he requested "2nd. That, according to the generally Л1г. Frederic Hall, an American numbered recognized usages and rules of International among his legal advisers, to draw up a rough Law, no use of force is lawful except so far brief of his defence. This was done hurried as it is necessary. A belligerent has there ly, and sent to many prominent Americans. fore no right to take away the lives of those It makes exceedingly interesting reading at subjects of the enemy whom he can subdue this day, because of the very curious circum by any other means. Those who are actuallv stances of its occasion, and the attempt to in arms, and continue to resist, may be law answer fairly, and with reference to prin fully killed; but those who, being in arms, ciples of established law, charges which had submit and surrender themselves, may not so palpably been prejudged. be slain, because their destruction is not necessary for obtaining the just ends of war. Ihe defence reads: The killing of prisoners can only be justified "Whereas, Maximilian is now a prisoner in those extreme cases where resistance on in the city of Queretaro, Mexico, by virtue their part, or on the part of others who came of his surrender to the Mexican forces, here to their rescue, renders it impossible to keep tofore, to wit, on the isth of May, A. U., them. Both reason and general opinion con 1867; and whereas certain criminal proceed ings have been ordered on certain charges cur in showing that nothing but the strong and accusations against him by the Mexican i est necessity will justify such an act. (See Wheaton on the Law of Nations, Part 4th, authorities; and whereas the said Maxi Chapter 2d, Section ad.) milian has, heretofore, made his solemn pro test, denying the jurisdiction of the court "3rd. That, if it be lawful to try him by a court-martial, the officers who compose the established for the purpose of trying him on said accusations and charges: Therefore, be court established by the order of the Mexi it known, that the said Maximilian hereby can authorities of the Liberal Party are of too low a rank, according to the usage and further protests against the jurisdiction of said military court or tribunal, and against rules of civilized nations. the right of any military tribunal to try him; "4th. That the internal sovereignty of a that he is only a prisoner of war, and was State does not, in any degree, depend upon so considered and declared so to be by the the recognition by other States. The exist commander-in-chief of the Mexican Liberal ence of the State de facto is sufficient, in this Army, to whom he surrendered himself, as respect, to establish its sovereignty de jure. aforesaid. It is a State because it exists. Upon this principle, the Supreme Court of the United "ist. He contends that he is only a States held, in 1808, that the internal scn'er prisoner of war, and that according to the
