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.[1]
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.[2] 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.[3] His administrative acts
- ↑ Hall among others inveighs against this and other features as outrageous; but he does not always bear in mind the nature of the court.
- ↑ 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.
- ↑ He refused, in fact, to come till such vote had been given. If the vote
