The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-07-16

appeal groa many authors were reao .ouou'ps Tue
But tho main raia. OF the defence went to establish
the fact tia. the as Of January % could not be applied
10 Mnon that he was accused Of stubborn resistance
10 the government his Tronuncinmiento in
Pusb his shslractng tho funds OF the Convention, his
usurpa,ion Of power and lastly his last campaigns
| under the Aar OF the empire. The counsel ener-
| gelicny argued arans, the aprlication OK the
Of Mrnnon to sois comnaii,ed before its passage.
and Of which acts no had already suffered LEGAL
punishment and FOR Others which he had accom-
pce the FIRST magistrate OF the nation lthe State policy
or Comcnrcr and others followed merely in tho train
OF Of the parties TO the civil war The counsel
/ claimed that Mramon did not Join the Intervention,
he remained In foreign country during Its con-
| cepian and consummaon without participating there
In that from foreign soil no offered Ills services 20
President Juarez that his services accepted and
he failed 10 render those services II because OF cE
BILE any longer 1--we outside Of his native country, he
returned TO t. finding the emu'rs already estnb'shed
said the counsel becoming the irreconcabo enemy Of
Foreigners he again returned 10 Mexico. at The time
when General Castaguy Withdrew with inc las. OF
tine French troops, and then II was that no took
part with is partsans until made prisoner hessr
Jiurequi and Moreno thereby Inferred that the law OF
the acts m the last period OF he protected
by constitutional guarantees and Tho Law Of nations res
| letlng the right o. pr soue-s Of war;
Tho counsel briefly touched uoon the personal char
OF tho defendant citing his ciomencv to prisoners
OF war, mcn ming some very noted instances. Mr.
Jure1nI particularly ealiai a,eItpn "a instance In
which lie hl'asc was indebted 10 Mr. Miramon for bis
life upon that r'n,oraoc day in Iacalsya tho llth OF
| az The marsyTs- ho heinz among prisoners cap
TS.a by % ss%on ssvs h o sa'1ss he s ss
| OF na-saez And finally, the counsel invoked The
ceny OF -" 9eT, ray % brave IN war 50 9Ds
anythiag further TO say he was led ont to his prison.
! Mex. followed tho trla, ot the Archduke Having
been confined 10 hs bed for days IONS he
VIZ day 4 ANYTHING: worse. Mr.; Manuel Azpiroz re-
paired to tho prison from whence he returned shortly
stating that it impossible for the prisoner appear
n consequences of which Mes'rs. Jesus Maria vnzqnez
nrt part OF the defence coriprehcldod ell OF the legal
| points applicable to the 1t was claimed that
| law could not be applied and the Unconstitutional.
ty OF the same and they strongly argued against tho
sencs Of al wncasos, Documents and OF proof The
tua''on IN vhici the defence Ends i:eli Is incomplete
lat tho Under consideration IL OF such magnitude,
involving SO many points Of International law history
aud politics, tina, the fo.lyeight hours, which were
prisoner should not be- doprivcd the proper Of
defence end particularly IN this case IL ia imneTa
tho localities ne complied with, that calmness and do
liberation mark the proceedings in order tni the fair
name OF this republic should remain unnr2ired heiorS
the world which auXiouslv awaits tho eo'uo:i or
tins social drama Several authors vera e'od to sustain
the position taken.
Tie court ovenued the position a'5on and forced the
defence to trial. the couns declaring that they could
but would not keep slcnt in Wow OF the incomretency
OF te court and tho Illegally OF tho law and then COM
noncei giving tho history of le prisoner Dir Oricga,
who was then apoaing said that he would answer 70
the charges mnde s-arst the prisoner because he
forcel do so moi because there existed my proof
nrg tho charges. lie the history OF tho
accused his arrival IN Mexico answering 10 the charge
made againsi him rs rsurper.
he sad Maxllll.an, being at Miranar received de-
LEGATION OF M,xcans presented TO him nv high func.
tionarv &C the OF his brother who TO Offer
him the crown OF Mexico.
MaxinaiIian refused nccep. The crown until tac VIII
OF the ration should he known TO hira Meanwhile the
French occupied MeAco and under The terror OF bayO
neis no enoiy Of no,ables vas cohyokSd woo voted
The creation of empire, or which the Archdke was
to b. the head. Under the nhacnce o. the sad
bly, many municipalities gave IN THEN adhesion, ana
nf ONltt o.. he
elect
Naximiliap. still hesita'ng, consulted the most
Of London declared TIA. he was elected by the
will Of the na,ian emperor. Tho jurss Of London,
well tie candidate ignored the used in Mexico
In order 20 obt-in tho unanini'y OF tho people by
Triumphant parties. Msxmiiisu accepted, no. believ
m5te sovereign and moreover this belief YVES con-
6rmed by the reception he received on h!s arrival In
him bnt his family the oyaons ienGorcd TO him in his
transit rom Vera Cruz to tho city OF Mexico aud at tue
places hc visited afterwards in tho interior Of the coun
Mr.. or,ega denied The charge tia, Maxpilian was
there ns instrument of France: thu. tho Archdnke
had been In conflict with her since tho agreement at
Mlamar: that thcro Franco asked tho caasion Sonora
and he refused &, and even insisted tna the article
claiming this preie 1son should be stricken OUT that be
constantly opposed the demands OF tho French officials
ani this state ol affairs lasted until they quit the
when Macmillan perceived the FIRST symptoms Of
general dscon'en he Withdrew from tho capital and in
o. aba and crcruavaca 10 called aTornd MIN his minis
lers o. state and consulted with hcla about the legi
macy 81 hrs election aud the VIII OF the po0plc aud they
repres GATED 10 HIM the cntira fidelity of the peJpls
Mort ably did the reGute the clarce Of cruelty
CHAR 'd upon tho pr ,7ner lie sail tho NV OF tho I'd
ot Oe'oner was made ~ Naxmilian when lie was
cheated no Ia belief al President JGaraz had aban.
doned he territory and hat of the articles o. halaw
Uas doa'cd by tie cominaacrinchief Of the French
Moreover hi law only itecdol terror, b,causo
never was petition Presented for pardon BIZ, it was
conceded And s.ill more Tint matter y, what hour
of ne DAY ni.h pe'iilcn for clcJnency came lac
sioI'd az be informed OF g; tina: neither his rest
ror Ne !-boFs should be regarded, which was strictly
Finally, the council argued Tho eonsttatiounll'y Of
tie aw ~ 1852 !, h'uk incompatible With tao spirit Of
tho liberal party and a. riyhs or tue nation an much
b corqueror is made the iuGvc of tho conquered
Iie cosc cc ed carnes tly aeiug o: tho members IN
tE5 ra 10 Of civ .yau1n aui the history which will
iui % 'he terrible d,ei done this isy as tho do
rr'ors y The second independence 81 MeS'ca
coA1g soneratrr7 ,hs, they Wi forever APP
piara NE sro-!.as q the creates, Of Vi,
toe reading Of tho eioIu Mt defence.
e brief tiro ne had to zen ,hls narration, and the
tha was said thE, ,-,usprod ut tho cour' marital
20, proper or5r erd cont auaiau has prevented from
p r.sef uscd We without stems araptec AZ had
r2rourc - The documents 20 recily Il has
OF mental tabor, aud ak the Jadpc Advocate and
council pardon ~ u We have nos been exact n our
WORK historian. What do declare is. that have
esneciav adhered 20 lie truth in reference 10 all the
circumstances connected with this case.
Profound are tho reflections emitted by this solemn
triai D1t reduced 10 plrar by the historian in
viii be found oalv what transpred. aud we
have repeated but TIE words said. Keeping 81.
snt feeling Hereafter We will disturb fhs, s.
Iepec which ibis day maintain out of compass
son or the tried and IN respect for Inc holy mission Of
the reporter who oxna.as ques ions, defends principles
agd ctGsAes crime. bg santes respectfully The fa-n,
he does nos rae his compassionate voice IN mercy for
lin.
J. was nine O'Clock a. night when the President an-
rouncad ;hs; tho cou-: Stood adjourned o egat O'Clock
20 'rrov morning that the defence could not longer
continue the Cont desired 20 consult counsel in rel.
ogence 90 some points IN tho
JuSE IA. 1867.
~ tho stated horr the corTt martial having gcnc
through the usual FORM declared In session. None
or tAc accused present
Inc President asked the counsel Cor the prisoners u
they lat anything further 20 sdduCs for the defence
ihey answered not al present. hr wished 20 reserve fur
ther arc fnert an u later period In the trial
hr Msorc' hyplroz, tic Judge v0cs.e. then read
The charges srs the accused, sustaining the by
certain oc1t dociMeEts efnaratug from the so.calcd
lrre~Ii rnrrrunllr' " Ar.lrn- lIrll1h with hi