CHAPTER V

FRENCH INTERVENTION IN MEXICO

The attempt of Louis Napoleon to establish a European monarchy in Mexico

under the tutelage of France was the most serious menace that republican

institutions in the new world have had to face since the schemes of the

Holy Alliance were checked by Monroe and Canning. The thwarting of that

attempt may be accounted one of the greatest triumphs of American

diplomacy. The internal disorders common to South and Central American

republics have always been a fruitful source of embarrassment to the

United States, on account of the liability to European intervention to

which these governments continually subject themselves in such periods

by their open and flagrant disregard of international obligations. Of no

country is this statement truer than of Mexico, where the well-nigh

interminable strife of parties gave rise between the years 1821 and 1857

to thirty-six different governments. In 1857 a favorable change occurred

in the affairs of the republic. A constituent congress, elected by the

people of the different states, framed and adopted a republican

constitution which promised better things for the future. Under the

provisions of this constitution an election was held in July (1857) and

General Comonfort chosen president almost without opposition. His term

of office was to begin December 1, 1857, and to continue four years.

Within one brief month, however, President Comonfort was driven from

the capital, and ultimately from the country, by an uprising headed by

General Zuloaga. As soon as Comonfort abandoned the presidency, General

Benito Juarez, the president of the Supreme Court of Justice, became

according to the constitution, the president _de jure_ of the republic

for the remainder of the unexpired term, that is, until December 1,

1861. General Zuloaga had, however, assumed the name of president, with

indefinite powers, and the entire diplomatic corps, including the

minister of the United States, had recognized his government. But

Zuloaga was speedily expelled, and the supreme power seized by General

Miramon, the head of the church party, whom the diplomatic corps

likewise recognized. Meanwhile Juarez, the constitutional president, had

proceeded to Vera Cruz, where he put his administration into successful

operation.

For several months, Mr. John Forsyth, the American minister, continued

at the city of Mexico in the discharge of his duties. In June, 1858,

however, he suspended his diplomatic connection with the Miramon

government. Our relations, which had been bad under former governments,

were now rendered almost intolerable under that of Miramon by outrages

towards American citizens and personal indignities to Mr. Forsyth

himself. His action was approved by President Buchanan, and he was

directed to return to the United States. All diplomatic intercourse was

thus terminated with the government of Miramon, but as yet none was

established with the Juarez government. The ultimate success of the

latter became, however, so probable that the following year the

President sent a confidential agent to Mexico to inquire into and

report upon the actual condition of the belligerents, and in consequence

of his report, Mr. Robert M. McLane was dispatched to Mexico, March 8,

1859, "with discretionary authority to recognize the government of

President Juarez, if on his arrival in Mexico he should find it entitled

to such recognition according to the established practice of the United

States." On the 7th of April, Mr. McLane presented his credentials to

President Juarez, having no hesitation, he said, "in pronouncing the

government of Juarez to be the only existing government of the

republic." He was cordially received by the authorities at Vera Cruz,

and during all the vicissitudes of the next eight years the United

States government continued to extend its sympathy and moral support to

the government of Juarez as the only one entitled to the allegiance of

the people of Mexico.

Juarez thus came forward, in the role of reformer, as the champion of

constitutionalism and the supremacy of the state against the

overreaching power, influence, and wealth of the church party. He was a

full-blooded Indian, without the slightest admixture of Spanish blood.

In December, 1860, he finally succeeded in overthrowing the party of

Miramon and driving the latter into exile. Immediately, on reoccupying

the city of Mexico, the Constitutionalists proceeded to execute with

severity the decree issued at Vera Cruz nationalizing or sequestrating

the property of the church.

The most difficult question which the new government had to face was

that of international obligations recklessly contracted by the various

revolutionary leaders who had successively been recognized as

constituting the government of Mexico. In consequence of debts

contracted and outrages and enormities perpetrated, for the most part

during the regime of Miramon and the church party, the governments of

England, France, and Spain determined to intervene in Mexico.

The grievances of the British government were based on the following

facts: non-settlement of claims of British bondholders; the murder of

the British vice-consul at Tasco; the breaking into the British legation

and the carrying off L152,000 in bonds belonging to British subjects,

besides numerous other outrages committed on the persons and property of

individuals.[193]

The claims of the British bondholders referred to had been recognized by

the Pakenham convention of October 15, 1842, and formed into a

consolidated fund of $250,000, which was to be paid off, principal and

interest, by a percentage on import duties at the custom-houses of Vera

Cruz and Tampico. This convention was not carried out by the Mexican

government, and on December 4, 1851, Mr. Doyle signed on behalf of Great

Britain a new convention, in which not only the claims under the

Pakenham convention, but others, recognized by both governments, were

likewise formed into a consolidated fund, on which the Mexican

government bound itself to pay five per cent. as a sinking fund and

three per cent. as interest until the debt should be paid off. This five

and three per cent. were to be met by a percentage of customs receipts.

In 1857 the sinking fund was to be raised to six per cent. and the

interest to four per cent.

Two days after the signing of this Doyle convention the Spanish minister

in Mexico also signed a convention on behalf of some Philippine

missionaries, known as the "Padre Moran" convention, on almost the same

basis as the British. The consolidated fund in this case was $983,000,

the sinking fund five per cent., and the interest three per cent.

The interest was paid on both funds in almost the whole amount, but the

sinking fund was not kept up. Succeeding agreements were made in 1858,

in 1859, and in 1860, by which the custom-house assignments to satisfy

both conventions (British and Spanish) were raised from twelve per cent.

in 1851, to twenty-nine per cent. in 1860.[194]

It will thus be seen that the British and Spanish claims were perfectly

legitimate. The French claims, however, were of a somewhat different

character. During Miramon's administration arrangements were made

through the agency of Jecker, a Swiss banker, by which $750,000 were to

be raised through an issue of $15,000,000 of bonds. These bonds fell

into the hands of Jecker's French creditors and were pressed by the

French government, which thus demanded the repayment of twenty times the

original sum advanced. A claim was made also for $12,000,000 for torts

on French subjects.[195]

When the Liberal party came into power again in 1860, they were unable

to meet the situation and showed a disposition to question the

obligatory force of engagements entered into by their various

revolutionary predecessors. The British government had undertaken to

provide against this contingency upon the occasion of extending

recognition to the Juarez administration. Under date of March 30, 1861,

Lord John Russell wrote to Sir Charles Wyke, recently appointed minister

to Mexico, as follows:

The instructions addressed to Mr. Mathew, both before and

since the final triumph of the Liberal party, made the

recognition by Great Britain of the constitutional

government contingent upon the acknowledgment by that

government of the liability of Mexico for the claims of

British subjects who, either in their persons or in their

property, for a long series of years, can be proved to have

suffered wrong at the hands of successive governments in

Mexico.[196]

And further on in the same communication the attitude of the British

government is expressed yet more strongly:

Her majesty's government will not admit as an excuse for

hesitation in this respect the plea that the robbery was

committed by the late government. For, as regards this, as

indeed all other claims, her majesty's government cannot

admit that the party who committed the wrong is alone

responsible. Great Britain does not recognize any party as

constituting the republic in its dealing with foreign

nations, but holds the entire republic, by whatever party

the government of it may from time to time be administered,

to be responsible for wrongs done to British subjects by any

party or persons at any time administering the powers of

government.

Mexico, however, was slow to admit this principle of international law.

In a letter to Lord John Russell, June 25, 1861, and in other

communications, Sir Charles Wyke urged the necessity of a naval

demonstration against Mexico. His plan was to take possession of the

custom-houses of Vera Cruz, Tampico, and Matamoros on the Atlantic, and

of one or two on the Pacific, lower the duties so as to attract the

great bulk of trade from other ports, and pay themselves by the

percentage to which they were entitled by treaty stipulation.

On the 17th of July, 1861, President Juarez brought matters to a crisis

by the publication of a decree, the first article of which declared that

"all payments are suspended for two years, including the assignments for

the loan made in London and for the foreign conventions."[197]

On the 23rd, Sir Charles Wyke, the British minister, demanded the repeal

of this law within forty-eight hours. On the 24th, the French minister

demanded its repeal within twenty-four hours. These demands were not

complied with and diplomatic relations were immediately broken off by

the British and French representatives.

The Spanish government had acted somewhat in advance of the other

governments and was already preparing to back its claims by an armed

expedition against Mexico. The rupture with the British and French

governments very naturally pointed to joint action with Spain as the

best means of securing their interests. The United States government,

which had just entered upon one of the greatest struggles of modern

times and had its hands practically tied as far as Mexico was concerned,

regarded the contemplated intervention of European powers in Mexico

with grave apprehension, not to say suspicion. So great was the

uneasiness occasioned in the United States by the measures in

contemplation and so strong was the desire to ward off the threatened

danger to republican institutions on this continent, that Mr. Seward

authorized (September 2, 1861) the negotiation of a treaty with Mexico

for the assumption by the United States of the payment of the interest,

at three per cent., upon the funded debt of Mexico (the principal of

which was about $62,000,000) for the term of five years from the date of

the decree of the Mexican government suspending such payment, "provided

that the government of Mexico will pledge to the United States its faith

for the reimbursement of the money so to be paid, with six per cent.

interest thereon, to be secured by a specific lien upon all the public

lands and mineral rights in the several Mexican states of Lower

California, Chihuahua, Sonora, and Sinaloa, the property so pledged to

become absolute in the United States at the expiration of the term of

six years from the time when the treaty shall go into effect, if such

reimbursement shall not have been made before that time."[198] All this,

of course, was subject to the confirmation of the Senate.

This step was communicated informally to the British and French

governments, and the validity of the convention was to be conditioned

upon those governments engaging not to take any measures against Mexico

to enforce the payment of the interest of the loan until time should

have been given to submit the convention to the ratification of the

United States Senate at its approaching session. It was also to be a

condition that, if the convention should be ratified, Great Britain and

France should engage, on their part, not to make any demand upon Mexico

for the interest, except upon its failing to be punctually paid by the

United States.[199]

Grave objections to Mr. Seward's plan of paying the interest on the

Mexican debt were entertained both in Paris and in London. The French

minister of state, M. Thouvenel, said to the British minister at Paris:

It might not be possible to prevent the United States

offering money to Mexico, or to prevent Mexico receiving

money from the United States, but neither England nor France

ought in any way to recognize the transaction.[200]

Lord Lyons declared to Mr. Seward:

That her majesty's government were as apprehensive as Mr.

Seward himself could be, of an attempt to build upon a

foundation of debts due, and injuries inflicted, by Mexico,

a pretension to establish a new government in that country.

Her majesty's government thought, however, that the most

effectual mode of guarding against this danger would be for

Great Britain, the United States, and France to join Spain

in a course of action, the objects and limits of which

should be distinctly defined beforehand. This certainly

appeared more prudent than to allow Spain to act alone now,

and afterwards to oppose the results of her operations, if

she should go too far.[201]

The British government avoided beforehand the necessity of a point-blank

refusal of the plan of Mr. Seward, in case the treaty should go through,

by declaring that the interest on the funded debt was not the only cause

of complaint, but that there remained over and above that the outrages

perpetrated upon British subjects still unredressed.

Mr. Charles Francis Adams, the United States minister to England, did

not approve the plan of guaranteeing the Mexican interest, and in his

dispatch to Mr. Seward of November 1, 1861, he expressed his opinion

rather more frankly than is usual for a minister to do in discussing an

instruction from the state department.

You will permit me here, however, to make a single remark in

this connection upon the importance of appearing to divest

the United States of any personal and selfish interest in

the action it may think proper to adopt. The view

customarily taken in Europe is that their government is

disposed to resist all foreign intervention in Mexico, not

upon any principle, but simply because it is itself

expecting, in due course of time, to absorb the whole

country for its own benefit. Hence any proposal like that

which I had the honor to receive, based upon the mortgage of

portions of Mexican territory as security for engagements

entered into by the United States, naturally becomes the

ground of an outcry that this is but the preliminary to an

entry for inevitable foreclosure. And then follows the

argument that if this process be legitimate in one case, why

not equally in all. As against Great Britain and France, it

would be difficult to oppose to this the abstract principle

contained in what has been denominated the Monroe Doctrine,

however just in substance.[202]

While Mr. Corwin was still in negotiation with the Mexican government

in reference to some method of releasing Mexico from her complications

with the allied governments of Europe, the United States Senate, in

reply to two successive messages of the President, passed a resolution,

February 25, 1862, declaring the opinion "that it is not advisable to

negotiate a treaty that will require the United States to assume any

portion of the principle or interest of the debt of Mexico, or that will

require the concurrence of European powers." This effectually put an end

to Mr. Seward's plan.

Meanwhile Sir Charles Wyke had reopened negotiations with the Mexican

government and negotiated a treaty which might have satisfied British

claims, but the treaty was thrown out by the Mexican congress by a large

majority, and also disapproved by the British government in view of an

agreement entered into with France and Spain unknown to Sir Charles

Wyke.[203]

The agreement referred to was the convention signed at London, October

31, 1861, between Spain, France, and Great Britain, in reference to the

situation of affairs in Mexico and looking to armed intervention for the

purpose of securing their rights. The preamble of the convention recites

that the three contracting parties "being placed by the arbitrary and

vexatious conduct of the authorities of the republic of Mexico under the

necessity of exacting from those authorities a more efficient protection

for the persons and property of their subjects, as well as the

performance of the obligations contracted toward them by the republic of

Mexico, have arranged to conclude a convention between each other for

the purpose of combining their common action." The most important

article of the convention in view of its subsequent violation by the

Emperor Napoleon, was the second, which declared that:

The high contracting parties bind themselves not to seek for

themselves, in the employment of coercive measures foreseen

by the present convention, any acquisition of territory, or

any peculiar advantage, and not to exercise in the

subsequent affairs of Mexico any influence of a character to

impair the right of the Mexican nation to choose and freely

to constitute the form of its own government.

The fourth article, recognizing that the United States also had claims

against Mexico, provided:

that immediately after the signing of the present

convention, a copy of it shall be communicated to the

government of the United States, that that government shall

be invited to accede to it.... But, as the high contracting

parties would expose themselves, in making any delay in

carrying into effect articles one and two of the present

convention, to fail in the end which they wish to attain,

they have agreed not to defer, with a view of obtaining the

accession of the government of the United States, the

commencement of the above-mentioned operations beyond the

period at which their combined forces may be united in the

vicinity of Vera Cruz.[204]

The advisability of inviting the cooperation of the United States had

been the subject of considerable discussion and difference of opinion

among the three European governments. England and France had urged the

cooperation of the United States, while Spain had opposed it.

In compliance with the fourth article the convention was submitted to

the government of the United States by a note dated November 30, 1861,

signed jointly by the representatives of Spain, France, and Great

Britain at Washington.

Mr. Seward's reply conveying the declination of the United States to the

invitation to cooperate with the three allied European powers in the

demonstration against Mexico was dated December 4, 1861. After reviewing

the substance of the convention, he said:

First. As the undersigned has heretofore had the honor to

inform each of the plenipotentiaries now addressed, the

President does not feel himself at liberty to question, and

he does not question, that the sovereigns represented have

undoubted right to decide for themselves the fact whether

they have sustained grievances, and to resort to war against

Mexico for the redress thereof, and have a right also to

levy the war severally or jointly.

In the second place, Mr. Seward expressed the satisfaction of his

government that the allied powers had clearly repudiated in the

convention all idea of carrying on the war for their own ambitious ends

and all intention of exercising in the subsequent affairs of Mexico any

influence of a character to impair the right of the Mexican people to

choose and freely to constitute the form of their own government.

It is true, as the high contracting parties assume, that the

United States have, on their part, claims to urge against

Mexico. Upon due consideration, however, the President is of

opinion that it would be inexpedient to seek satisfaction of

their claims at this time through an act of accession to the

convention. Among the reasons for this decision which the

undersigned is authorized to assign, are, first, that the

United States, so far as it is practicable, prefer to adhere

to a traditional policy recommended to them by the father of

their country and confirmed by a happy experience, which

forbids them from making alliances with foreign nations;

second, Mexico being a neighbor of the United States on this

continent, and possessing a system of government similar to

our own in many of its important features, the United States

habitually cherish a decided good-will toward that republic,

and a lively interest in its security, prosperity, and

welfare. Animated by these sentiments, the United States do

not feel inclined to resort to forcible remedies for their

claims at the present moment, when the government of Mexico

is deeply disturbed by factions within, and exposed to war

with foreign nations. And of course, the same sentiments

render them still more disinclined to allied war against

Mexico, than to war to be waged against her by themselves

alone.

In conclusion, Mr. Seward referred to the fact that the United States

government had authorized their representative in Mexico to enter into a

treaty conceding to the Mexican government material aid, which might, he

hoped, enable that government to satisfy the just claims and demands of

the allied sovereigns and so to avert the war which they have agreed

among each other to levy against Mexico.[205]

As already related, the efforts of the executive in this direction were

not approved by the Senate and the negotiations in regard to

guaranteeing the interest on the Mexican loan were broken off. The

treaty negotiated by Mr. Corwin was in fact never submitted to the

Senate, for by the time it was ready the French forces occupied a part

of Mexican territory, and it was feared that a loan to Mexico under

such conditions would be considered a breach of neutrality.

In pursuance of the London convention, Vera Cruz was occupied in the

early part of 1862 by a Spanish force of 6,000 men under command of

Marshal Prim; a French force of 2,500, which was largely reinforced soon

afterward; and a force of 700 British marines.

The first intimation of the real purposes of the Emperor Louis Napoleon

was given in the letter of instructions of M. Thouvenel to the admiral

commanding the French expedition to Mexico, dated November 11, 1861. He

said that in case of the withdrawal of the Mexican forces from the coast

into the interior of the country, an advance upon the capital might

become necessary. He reminded the admiral of the self-abnegatory

character of the second article of the convention, but continued:

There are, however, certain hypotheses which present

themselves to our foresight and which it was our duty to

examine. It might happen that the pressure of the allied

forces upon the soil of Mexico might induce the sane portion

of the people, tired of anarchy, anxious for order and

repose, to attempt an effort to constitute in the country a

government presenting the guarantees of strength and

stability which have been wanting to all those which have

succeeded each other since the emancipation.

To such efforts the admiral was expressly told that he was not to refuse

his encouragement.[206]

In view of this order, the British government at once instructed its

agent, Sir Charles Wyke, that, while there was nothing to be said

against the reasoning of the French government in reference to the

probable necessity of marching against the city of Mexico, he was to

decline to take part in the advance into the interior, and that the

fact, that the whole available British force was only 700 marines, would

be sufficient reason for declining.[207]

The seriousness of the situation was fully appreciated by the United

States government. Shortly after the occupation of Vera Cruz by the

Spanish forces and the announcement of the outfit of a French force to

follow up the advantage, Mr. Charles Francis Adams wrote to his

government from London:

It is no longer concealed that the intention is to advance

to the capital, and to establish a firm government, _with

the consent of the people_, at that place. But who are meant

by that term does not appear. This issue is by no means

palatable to the government here, though it is difficult to

imagine that they could have been blind to it. Feeble

murmurs of discontent are heard, but they will scarcely be

likely to count for much in the face of the obligation under

which the action of the emperor in the Trent case has placed

them. The military occupation will go on, and will not cease

with the limits now assigned to it. It is not difficult to

understand the nature of the fulcrum thus obtained for

operations in a new and a different quarter, should the

occasion be made to use it. The expedition to the city of

Mexico may not stop until it shows itself in the heart of

the Louisiana purchase.[208]

About this time reports began to be circulated that the Archduke

Ferdinand Maximilian of Austria would be invited by a large body of

Mexicans to place himself on the throne of Mexico, and that the Mexican

people would gladly hail such a change. To whatever extent such reports

might be credited, the United States could not call into question the

good faith of the parties to the London convention. The British

government, as the issue showed, acted with perfect sincerity in the

matter; and the Spanish government, whatever may have been its original

intentions, followed the lead of Great Britain. When the reports in

regard to Maximilian were first circulated, the British government

declared to its agent, Sir Charles Wyke, that:

If the Mexican people, by a spontaneous movement, place the

Austrian Archduke on the throne of Mexico, there is nothing

in the convention to prevent it. On the other hand, we could

be no parties to a forcible intervention for this purpose.

The Mexicans must consult their own interests.[209]

At the time, however, the attitude of the British government was not at

all understood. Mr. Adams wrote:

Great Britain occupies the post of holding the door, whilst

her two associates, with her knowledge, go in, fully

prepared, if they can, to perpetrate the act which she, at

the outset, made them denounce, at the same time that she

disavowed every idea of being made to participate in

it.[210]

In the face of armed invasion, the Mexican government assumed a more

reasonable attitude, and on the 19th day of February, 1862, the

plenipotentiaries of Spain, Great Britain, and France signed, at

Soledad, with the secretary of state of the Mexican government a

preliminary agreement or convention, in which they recognized the

constitutional government as then organized. Declaring that they had "no

designs against the independence, sovereignty and integrity of the

Mexican republic," they agreed to open negotiations for the settlement

of all the demands which they had to make at Orizaba. During the

negotiations the forces of the allies were to be allowed to leave the

unhealthy locality of Vera Cruz and occupy the three towns of Cordova,

Orizaba, and Tehuacan, with their natural approaches. In the event of

negotiations being broken off, the allies agreed to abandon the towns

above named before reopening hostilities.[211]

The convention of Soledad proved, however, of short duration. On the 9th

of April, 1862, the representatives of the allies announced in a formal

note to the Mexican government, "that not having been able to agree

about the interpretation which ought to be given in the present

circumstances to the convention of the 31st of October, 1861 (the

convention of London), they have resolved to adopt for the future an

entirely separate and independent line of action. In consequence, the

commander of the Spanish forces will immediately take the necessary

measures to reimbark his troops. The French army will concentrate in

Paso Aucho as soon as the Spanish troops have passed from this position,

that is to say, probably about the 20th of April, thereupon beginning

their operations."[212] According to instructions already alluded to,

the British force, which was limited to 700 marines, had declined to

advance into the interior, and hence was not present when the breach

occurred.

In spite of all appearances to the contrary, the French government still

persisted in disavowing to the United States government, in the most

emphatic terms, all designs upon the independence of the Mexican

republic. Even after the rupture at Orizaba, M. Thouvenel assured Mr.

Dayton, the United States minister at Paris, that all that France wanted

was that there should be a stable government in Mexico, not an anarchy

with which other nations could have no relations.

That if the people of that country chose to establish a

republic it was all well; France would make no objection. If

they chose to establish a monarchy, as that was the form of

government here, it would be charming (charmant), but they

did not mean to do anything to induce such a course of

action. That all the rumors that France intended to

establish the Archduke Maximilian on the throne of Mexico

were utterly without foundation.[213]

M. Thouvenel's disclaimer to the British government was equally

emphatic.[214]

To return to the situation of affairs at Orizaba, the disagreement

between the allies requires some explanation. The immediate cause of the

rupture and of the withdrawal from the convention of London was the

protection extended by the French agents to General Almonte, Padre

Miranda, and other leading men of the reactionary or church party who

had been banished from the country and who now from the French camp

maintained an active correspondence with Marquez, Cobos, and other

notorious chiefs of the armed bands then in open rebellion against the

constituted government of the country. Almonte and his associates openly

favored the scheme of placing Maximilian on the throne.

The Mexican government demanded the removal of General Almonte and his

associates from the camp of the allies, and in this demand the British

and Spanish representatives concurred. A somewhat stormy conference was

held between the commissioners of the allied powers at Orizaba, April 2,

1862, at which the French agents virtually said that they did not regard

the convention of London or the preliminaries of Soledad as binding upon

them. Specifically then the two causes of the rupture were (1) the

persistency of the French commissioners in opposing the removal of the

Mexican exiles, and (2) their refusal to take part in the conferences

which had been arranged by the convention of Soledad to be held with the

Juarez government at Orizaba, April 15, 1862. The British government

heartily approved of the action of its agent, Sir Charles Wyke, in

breaking up the conference and putting an end to the joint action of the

three powers.[215] The policy of Spain was completely in accord with

that of England.

The French government was not satisfied with the convention of Soledad,

but did not dispute its validity, and declared that if the negotiations

should be broken off, its provisions in regard to the withdrawal of the

troops from their vantage ground must be observed. The French government

further assumed that, when negotiations with the Mexican government

should be broken off, the allied forces would proceed to act jointly

under the convention of London.[216] The British and Spanish

governments, however, having become convinced of the duplicity of the

French government in the matter, terminated the London convention

without further discussion and ordered the immediate withdrawal of their

forces and agents from Mexican territory.

The government of Louis Napoleon, thus left to its own devices by the

withdrawal of Great Britain and Spain, and by the helpless condition,

for the time being, to which the war of secession had reduced the

government of the United States, greatly reinforced its Mexican

expedition and placed General Forey in command. Soon after the

withdrawal of the British and Spanish contingents, General Almonte

instituted a government in the territory occupied by the French and

assumed the title of "Supreme Chief of the Nation," but it soon became

evident, as Mr. Dayton expressed it, that instead of the emperor having

availed himself of the services of General Almonte, Almonte had availed

himself of the services of the emperor. Accordingly, shortly after

General Forey assumed command, he issued an order dissolving the

ministry of Almonte, depriving him of his title and limiting him

thereafter "in the most exact manner to the instructions of the emperor,

which are to proceed as far as possible, with other Mexican generals

placed under the protection of our flag, to the organization of the

Mexican army."

The misfortunes which had overtaken Mexico and the dangers that

threatened the permanence of her republican institutions, had now

thoroughly alarmed her sister republics of Central and South America,

and a correspondence began between them relative to organizing an

international American conference to oppose European aggression.

During the remarkable series of events that took place in Mexico in the

spring of 1862, Mr. Seward consistently held to the opinion well

expressed in a dispatch to Mr. Dayton, June 21, 1862:

France has a right to make war against Mexico, and to

determine for herself the cause. We have a right and

interest to insist that France shall not improve the war she

makes to raise up in Mexico an anti-republican and

anti-American government, or to maintain such a government

there. France has disclaimed such designs, and we, besides

reposing faith in the assurances given in a frank, honorable

manner, would, in any case, be bound to wait for, and not

anticipate a violation of them.[217]

For some months the French troops gradually extended their military

operations and occupied a greater extent of territory without, however,

any material change in the situation. The Juarez government still held

the capital. In the spring of 1863, however, military operations were

pushed forward with greater activity, and in June, General Forey

organized a junta of government composed of thirty-five Mexican citizens

designated by decree of the French emperor's minister. The members of

this supreme junta were to associate with them two hundred and fifteen

citizens of Mexico to form an assembly of two hundred and fifty

notables. This assembly was to occupy itself with the form of the

permanent government of Mexico. The junta appointed an executive body of

three, of whom General Almonte was the head.

On the 10th of July, 1863, the capital of Mexico was occupied by the

French army, and on the following day the Assembly of Notables declared:

1. The Mexican nation adopts as its form of government a

limited hereditary monarchy, with a Catholic prince.

2. The sovereign shall take the title of Emperor of Mexico.

3. The imperial crown of Mexico is offered to his imperial

and royal highness the Prince Ferdinand Maximilian, Archduke

of Austria, for himself and his descendants.

4. If, under circumstances which cannot be foreseen, the

Archduke of Austria, Ferdinand Maximilian, should not take

possession of the throne which is offered to him, the

Mexican nation relies on the good will of his majesty,

Napoleon III, Emperor of the French, to indicate for it

another Catholic prince.[218]

The crown of Mexico was formally offered to Maximilian by a deputation

of Mexicans headed by Senor Estrada, October 3, 1863; but Maximilian

replied that he could not accept the proffered throne until the whole

nation should "confirm by a free manifestation of its will the wishes of

the capital." This was a wise decision, had it been given in good faith

and had it been wisely adhered to, but the sequel shows that the

archduke was either not sincere in his protestations or else was

woefully deceived by representations subsequently made to him. Six

months later he accepted the crown without the question having been

submitted to the wishes of any but a very small portion of the Mexican

people.

In spite of the declaration of the Mexican Assembly, which showed so

unmistakably the hand of Napoleon, the French government continued to

repudiate the designs imputed to it against the independence of Mexico,

and Mr. Seward continued to express, officially at least, the

satisfaction of the American government at the explanations vouchsafed

by France. September 11, 1863, he stated the case as follows:

When France made war against Mexico, we asked of France

explanations of her objects and purposes. She answered, that

it was a war for the redress of grievances; that she did not

intend to permanently occupy or dominate in Mexico, and that

she should leave to the people of Mexico a free choice of

institutions of government. Under these circumstances the

United States adopted, and they have since maintained entire

neutrality between the belligerents, in harmony with the

traditional policy in regard to foreign wars. The war has

continued longer than was anticipated. At different stages

of it France has, in her intercourse with us, renewed the

explanations before mentioned. The French army has now

captured Pueblo and the capital, while the Mexican

government, with its principal forces, is understood to have

retired to San Luis Potosi, and a provisional government has

been instituted under French auspices in the city of Mexico,

which being supported by arms, divides the actual dominion

of the country with the Mexican government, also maintained

by armed power. That provisional government has neither made

nor sought to make any communication to the government of

the United States, nor has it been in any way recognized by

this government. France has made no communication to the

United States concerning the provisional government which

has been established in Mexico, nor has she announced any

actual or intended departure from the policy in regard to

that country which her before-mentioned explanations have

authorized us to expect her to pursue.[219]

The probable acceptance of the crown by Maximilian was, however, the

subject of frequent communications between the governments of France and

the United States. In the course of a somewhat familiar conversation

with M. Drouyn de Lhuys, the French minister of state, in August, 1863,

Mr. Dayton expressed the fear that in quitting Mexico France might leave

a _puppet_ behind her. De Lhuys replied: "No; the strings would be too

long to work."

The chances of Maximilian's success in Mexico had been from the first

deliberately calculated on the basis of the probable success of the

Southern Confederacy; and, therefore, the cause of the Juarez government

and the cause of the Union were considered the same. The active sympathy

of the Unionists with the Mexican republic made it difficult for the

administration to maintain neutrality. This difficulty was further

enhanced by the doubt entertained in the United States as to the

intentions of France. In this connection Mr. Seward wrote to Mr. Dayton,

September 21, 1863, as follows:

The President thinks it desirable that you should seek an

opportunity to mention these facts to Mr. Drouyn de Lhuys,

and to suggest to him that the interests of the United

States, and, as it seems to us, the interests of France

herself, require that a solution of the present

complications in Mexico be made, as early as may be

convenient, upon the basis of the unity and independence of

Mexico.[220]

In reply, the French minister declared that the question of the

establishment of Maximilian on the Mexican throne was to be decided by a

majority vote of the entire nation; that the dangers of the government

of the archduke would come principally from the United States, and the

sooner the United States showed itself satisfied, and manifested a

willingness to enter into peaceful relations with that government, the

sooner would France be ready to leave Mexico and the new government to

take care of itself, which France would, in any event, do as soon as she

with propriety could; but that she would not lead or tempt the archduke

into difficulty, and then desert him before his government was settled.

He said that the early acknowledgment of that government by the United

States would tend to shorten, or perhaps to end, all the troublesome

complications of France in that country; that they would thereupon quit

Mexico.[221]

To this communication, Mr. Seward replied that the French government had

not been left uninformed of the opinion of the United States that the

permanent establishment of a foreign and monarchical government in

Mexico would be found neither easy nor desirable; that the United States

could not anticipate the action of the Mexican people; and that the

United States still regarded Mexico as the scene of a war which had not

yet ended in the subversion of the government long existing there, with

which the United States remained in the relation of peace and

friendship.[222]

Before formally accepting the crown, the archduke visited England with a

view to securing a promise of recognition for his new position. He was,

of course, to pass through Paris, and in view of his approaching visit,

Mr. Dayton asked for instructions as to his conduct on the occasion. Mr.

Seward replied, February 27, 1864:

I have taken the President's direction upon the question. If

the Archduke Maximilian appears in Paris only in his

character as an imperial prince of the house of Hapsburg,

you will be expected to be neither demonstrative nor

reserved in your deportment toward him. If he appears there

with any assumption of political authority or title in

Mexico, you will entirely refrain from intercourse with him.

Should your proceeding be a subject of inquiry or remark,

you will be at liberty, in the exercise of your own

discretion, to say that this government, in view of its

rights and duties in the present conjuncture of its affairs,

has prescribed fixed rules to be observed, not only by this

department, but by its representatives in foreign countries.

We acknowledge revolutions only by direction of the

President, upon full and mature consideration.[223]

The archduke visited London in company with his father-in-law, Leopold

of Belgium. The British government declined to act on the subject at

that juncture, "but gave them reason to hope that, so soon as the action

in Mexico would appear to justify it, they would acknowledge him."[224]

Spain and Belgium were ready to follow in the wake of France.

About the time of this visit of Maximilian to England, Mr. McDougall, of

California, introduced in the Senate a resolution declaring "that the

movements of the government of France, and the threatened movement of

an emperor, improvised by the Emperor of France, demand by this

republic, if insisted upon, war." This resolution was not carried, but

some days later, on the 4th of April, 1864, the House of Representatives

passed by a unanimous vote a resolution declaring its opposition to the

recognition of a monarchy in Mexico. Mr. Seward, fearing a rupture with

France on this account, took pains to inform the government of that

country, through Mr. Dayton, that this action of the House was in no way

binding on the executive, even if concurred in by the Senate.

The formal acceptance of the crown of Mexico by Maximilian took place

April 10, 1864, at Miramar, the palace he had built near Trieste, in the

presence of the Mexican deputation. The next day the Emperor and Empress

of Mexico, as they styled themselves, set out for their new dominions by

way of Rome, where they received the blessing of the Pope. Before

leaving Europe Maximilian signed with the Emperor of the French a

convention in the following terms:

The French troops in Mexico were to be reduced as soon as possible to

25,000 men.

The French troops were to evacuate Mexico in proportion as the Emperor

of Mexico could organize troops to replace them.

The "foreign legion," composed of 8,000 men, was to remain in Mexico six

years after all the other French troops should have been recalled.

The expenses of the French expedition to Mexico, to be paid by the

Mexican government, were fixed at the sum of two hundred and seventy

million francs for the whole duration of the expedition down to July 1,

1864. From July 1st all expenses of the Mexican army were to be met by

Mexico.[225]

The resolution of the House referred to above came very near producing

the rupture that Mr. Seward was striving to avert, or at least to

postpone, during the continuance of the war of secession. When Mr.

Dayton visited M. Drouyn de Lhuys just after the resolution reached

Europe, the remark which greeted Mr. Dayton when he entered the room

was: "Do you bring us peace, or bring us war?" Mr. Dayton replied that

he did not think France had a right to think that the United States was

about to make war against her on account of anything contained in that

resolution; that it embodied nothing more than the principles which the

United States had constantly held out to France from the beginning.

The Confederate agents were taking advantage of the resolution to stir

up trouble between the United States and France. In fact they had long

caused reports to be spread in Europe, and had succeeded in gaining

credence for them, to the effect that the United States government was

only awaiting the termination of domestic troubles to drive the French

from Mexico. The French naturally concluded that if they were to have

trouble with the United States, it was safest for them to choose their

own time.[226] Napoleon was all the while coquetting with the

Confederate government, and holding above Mr. Seward's head a veiled

threat of recognition of Confederate independence. The Confederate

government quickly caught at the suggestion of an alliance between

Maximilian and the South with the power of France to back them. A

Confederate agent was actually accredited to the government of

Maximilian, but did not reach his destination. Although Napoleon's

calculations were based on the overthrow of the Union, and although he

had assumed at the outset, with England and Spain, an attitude decidedly

unfriendly to the Federal government, nevertheless he was not willing to

go the full length of recognizing the Confederacy as an independent

power while the issue of the conflict was still in doubt.

In speaking of Slidell's movements in Europe and the encouragement given

him in France, Mr. Bigelow wrote to Mr. Seward, February 14, 1865:

I am strongly impressed with the conviction that, but for

the Mexican entanglement, the insurgents would receive very

little further countenance from the imperial government, and

that a reconciliation of the national policies of the two

countries on that question would speedily dispose of all

other sources of dissatisfaction.

As the war of secession seemed nearing its end, the French papers became

uneasy in view of possible intervention in Mexico by the United States

on the ground of the Monroe Doctrine. This principle of American

diplomacy, which was likened to the sword of Damocles suspended over the

head of Maximilian, was discussed in all its bearings on the present

case by the journals of Europe.[227]

Throughout all this period of turmoil, the United States recognized no

authority in Mexico but that of the Juarez government. In April, 1864,

the French minister at Washington complained that serious complications

with France were likely to arise out of grants of land made by

"ex-President Juarez" in Sonora to emigrants from California. The French

government regarded these grants as illegal and proposed to send forces

there to prevent the parties from taking "illicit possession."

In May, 1864, the French government sought explanations in regard to a

club formed in New Orleans, called the "D. M. D.," Defenders of the

Monroe Doctrine. Mr. Seward replied that the object of the club, so far

as the government had been able to ascertain, was to bring moral

influences to bear upon the government of the United States in favor of

a maintenance of the Monroe Doctrine, but not to act in violation of the

law, or of the well-understood governmental policy of neutrality in the

war which existed between France and Mexico. Members of the association

did, however, actually start on an expedition to Brownsville, but the

steamer was taken possession of by United States officials. During the

year 1864 constant complaint was made by the French government of

shipments of arms to the Juarez government from California and from

various points along the Rio Grande, particularly Brownsville, in

violation of American neutrality.

Shortly after the surrender of General Lee, several Confederate officers

of high position and influence went to Mexico and identified themselves

with the government of Maximilian. Dr. Wm. M. Gwin, a former United

States Senator from California, organized a plan for colonizing the

states of northern Mexico with ex-Confederates. This scheme was the

subject of several representations to the French government on the part

of Mr. Seward. He reminded them that the sympathies of the American

people were already considerably excited in favor of the republic of

Mexico; that they were disposed to regard with impatience the continued

intervention of France in that country; and that any favor shown to the

proceedings of Dr. Gwin by the titular Emperor of Mexico or by the

imperial government of France would tend greatly to increase the popular

impatience. He further requested an assurance that the pretenses of Dr.

Gwin and his associates were destitute of any sanction from the Emperor

of France.

Among the most prominent Confederates connected with this scheme were

Matthew F. Maury, the distinguished geographer and naval officer, who

became a naturalized Mexican citizen and was appointed Imperial

Commissioner of Immigration and an honorary councillor of state; and

General John B. Magruder, who was charged with the supervision of the

survey of lands for colonization. It was hoped that the prominence of

these men and the high rank they had held under the Confederate

government would, in the general uncertainty that prevailed as to the

treatment of the South by the victorious Union party, induce many

persons to emigrate to Mexico. Maximilian issued a special decree,

September 5, 1865, regarding colonization with a view to inducing

Southern planters to emigrate to Mexico with their slaves--the latter to

be reduced to a state of _peonage_, regular slavery being prohibited by

the laws of the empire. This scheme was altogether impracticable.

In July, 1865, Maximilian finally made an effort to secure recognition

of his government by the United States. On the 17th of July, the Marquis

de Montholon, the French minister at Washington, called at the

department of state and informed Mr. Seward that a special agent had

arrived at Washington, bearing a letter signed by Maximilian and

addressed to the President of the United States, a copy of which the

marquis presented to the secretary of state. On the 18th, Mr. Seward

delivered back the copy of the letter to the Marquis de Montholon, and

said that, as the United States were on friendly relations with the

republican government of Mexico, the President declined to receive the

letter or to hold any intercourse with the agent who brought it. The

French government expressed to its representative at Washington its

annoyance and embarrassment at this step, and said that Maximilian

should have taken measures to learn the disposition of the United States

before sending the agent.[228]

Mr. Tucker, in his book on the Monroe Doctrine, makes the statement that

Mr. Bigelow, who succeeded Mr. Dayton as minister to France, announced

to the French government that the United States would recognize the

empire of Maximilian upon the immediate withdrawal of the French troops

from the territory of Mexico, but that this statement, made upon the

envoy's own authority, was disavowed by the President. This is hardly a

correct version of the case. It seems that Mr. Bigelow, in the course of

a conversation with M. Drouyn de Lhuys, asked him, "in his own name, and

without prejudicing the opinion of his government, if he did not think

that the recognition of Maximilian by the United States would

facilitate and hasten the recall of the French troops."[229]

On the 3rd of October, 1865, Maximilian issued a decree at the city of

Mexico, the first article of which declared:

All persons belonging to armed bands or corps, not legally

authorized, whether they proclaim or not any political

principles, and whatever be the number of those who compose

the said bands, their organization, character and

denomination shall be tried militarily by the

courts-martial; and if found guilty even of the only fact of

belonging to the band, they shall be condemned to capital

punishment, within the twenty-four hours following the

sentence.[230]

The United States, through Mr. Bigelow, protested to France against this

decree, as repugnant to the sentiments of modern civilization and the

instincts of humanity. M. Drouyn de Lhuys replied with a touch of

sarcasm:

Why do you not go to President Juarez? We are not the

government of Mexico and you do us too much honor to treat

us as such. We had to go to Mexico with an army to secure

certain important interests, but we are not responsible for

Maximilian or his government. He is accountable to you, as

to any other government, if he violated its rights, and you

have the same remedies there that we had.[231]

The American government was now relieved from the burden of civil war,

and for several months the correspondence of Mr. Seward had been

assuming a more decided tone. On September 6, 1865, he reminded the

French government that the attention of the country was now no longer

occupied by the civil war, and that henceforth both the Congress and the

people of the United States might be expected to give a very large share

of their attention to questions of foreign policy, chief among which was

likely to be that of their relations with France in regard to Mexico.

About this time Major General Schofield was sent to Paris on a mission,

the precise object of which was long a matter of mystery. It appears

from John Bigelow's memoirs that Grant, Schofield, and a number of other

army officers were bringing great pressure to bear upon the government

to intervene by force and drive Maximilian from Mexico. Seward, with his

usual political sagacity, concluded that the best method of holding

Grant and his followers in check was to send Schofield to Paris on an

informal mission. According to the latter, Seward said to him: "I want

you to get your legs under Napoleon's mahogany and tell him he must get

out of Mexico." Seward knew perfectly well that Schofield would not be

as belligerent in the presence of the Emperor as he was in Washington,

and above all he had confidence in Bigelow's tact and ability to handle

Schofield when he arrived in Paris. The plan worked beautifully. Neither

Bigelow nor Schofield reported just what took place at the interview

with the Emperor, but we may be sure that Schofield did not say in Paris

what he had intended to say when he left Washington. After Bigelow

returned from Paris in 1867, he had a conversation with Seward in which

the latter said:

I sent General Schofield to Paris to parry a letter brought

to us from Grant insisting that the French be driven head

over heels and at once out of Mexico. It answered my

purpose. It gave Schofield something to do, and converted

him to the policy of the Department by convincing him that

the French were going as fast as they could. That pacified

Grant and made everything easy.[232]

On November 6 Seward wrote:

The presence and operations of a French army in Mexico, and

its maintenance of an authority there, resting upon force

and not the free will of the people of Mexico, is a cause of

serious concern to the people of the United States.... They

still regard the effort to establish permanently a foreign

and imperial government in Mexico as disallowable and

impracticable. For these reasons they could not now agree to

compromise the position they have hitherto assumed. They are

not prepared to recognize any political institutions in

Mexico which are in opposition to the republican government

with which we have so long and so constantly maintained

relations of amity and friendship.

Finally, on December 16, 1865, Seward addressed what was practically an

ultimatum to France. He pointed out the likelihood that Congress, then

in session, would direct by law the action of the executive on this

important subject, and stated that:

It has been the President's purpose that France should be

respectfully informed upon two points, namely: First, that

the United States earnestly desire to continue and to

cultivate sincere friendship with France. Second, that this

policy would be brought into imminent jeopardy, unless

France could deem it consistent with her interest and honor

to desist from the prosecution of armed intervention in

Mexico, to overthrow the domestic republican government

existing there, and to establish upon its ruins the foreign

monarchy which has been attempted to be inaugurated in the

capital of that country.

In conclusion he added:

It remains now only to make known to M. Drouyn de Lhuys my

profound regret that he has thought it his duty to leave the

subject, in his conversation with you, in a condition that

does not authorize an expectation on our part that a

satisfactory adjustment of the case can be effected on any

basis that thus far has been discussed.

As late as November 29, 1865, the French government, through the Marquis

de Montholon, still insisted on recognition of Maximilian by the United

States as the only basis for an arrangement for the recall of the French

troops.[233]

The formal reply to Mr. Seward's note of December 16 was received

through the Marquis de Montholon, January 29, 1866. M. Drouyn de Lhuys

still insisted that the French expedition had in it nothing hostile to

the institutions of the new world, and assuredly still less to those of

the United States. He called attention to the fact that the United

States had acknowledged the right of France to make war on Mexico, and

continued: "On the other part, we admit, as they do, the principle of

non-intervention; this double postulate includes, as it seems to me, the

elements of an agreement." He also contended that the right to make war

implied the right to secure the results of war; that they had to demand

guarantees, and these guarantees they could not look for from a

government whose bad faith they had proven on so many occasions; that

they found themselves engaged in the establishment of a regular

government, which showed itself disposed to keep its engagements; that

the Mexican people had spoken, and that the Emperor Maximilian had been

called to the throne by the will of the people of the country.[234]

Mr. Seward's counter-reply was dated February 12, 1866. He declared that

the proceedings in Mexico were regarded in the United States as having

been taken without the authority, and prosecuted against the will and

opinions of the Mexican people; that the United States had not seen any

satisfactory evidence that the people of Mexico had spoken and called

into being or accepted the so-called empire, and that the withdrawal of

the French troops was deemed necessary to allow such a proceeding to be

taken. He added, however, that:

France need not for a moment delay her proposed withdrawal

of military forces from Mexico, and her putting the

principle of non-intervention into full and complete

practice in regard to Mexico through any apprehension that

the United States will prove unfaithful to the principles

and policy in that respect which, on their behalf, it has

been my duty to maintain in this now very lengthened

correspondence.[235]

He concluded with a virtual ultimatum:

We shall be gratified when the Emperor shall give to us ...

definite information of the time when French military

operations may be expected to cease in Mexico.

Napoleon finally decided that, in view of the European situation, he

could not risk a war with the United States, and in the issue of April

5, 1866, the _Moniteur_ announced that the Emperor had decided that the

French troops should evacuate Mexico in three detachments: the first to

leave in November, 1866; the second in March, 1867; and the third in

November, 1867. In the course of a conversation with Mr. Bigelow the day

following M. Drouyn de Lhuys acknowledged that this statement was

official.[236] The decision of the emperor was officially made known to

the United States in a note of April 21, 1866. Seward had very

fortunately left a loophole in his dispatch of February 12, in the

statement that the United States would continue to pursue its policy of

neutrality after the French evacuation. De Lhuys said:

We receive this assurance with entire confidence and we find

therein a sufficient guarantee not any longer to delay the

adoption of measures intended to prepare for the return of

our army.[237]

American historians have usually attributed Napoleon's backdown to

Seward's diplomacy supported by the military power of the United States,

which was, of course, greater then than at any other time in our

history. All this undoubtedly had its effect on Napoleon's mind, but it

appears that conditions in Europe just at that particular moment had an

even greater influence in causing him to abandon his Mexican scheme.

Within a few days of the receipt of Seward's ultimatum Napoleon was

informed of Bismarck's determination to force a war with Austria over

the Schleswig-Holstein controversy. Napoleon realized that the

territorial aggrandizement of Prussia, without any corresponding gains

by France, would be a serious blow to his prestige and in fact endanger

his throne. He at once entered upon a long and hazardous diplomatic game

in which Bismarck outplayed him and eventually forced him into war. In

order to have a free hand to meet the European situation he decided to

yield to the American demands.

About the time that the French government announced its intention of

withdrawing its forces from Mexico, it was found that troops were being

enlisted in Austria for the Mexican "foreign legion." The United States

government at once took measures to prevent the French troops from being

replaced by Austrians by declaring to the Austrian government through

Mr. Motley, "that in the event of hostilities being carried on hereafter

in Mexico by Austrian subjects, under the command or with the sanction

of the government of Vienna, the United States will feel themselves at

liberty to regard those hostilities as constituting a state of war by

Austria against the republic of Mexico; and in regard to such war, waged

at this time and under existing circumstances, the United States could

not engage to remain as silent and neutral spectators."[238]

Mr. Motley seems to have been somewhat surprised and puzzled at the

sudden and emphatic change of tone in the instructions of his

government, and failed to carry them out in the spirit intended by Mr.

Seward. This brought forth a sharp reprimand. Mr. Seward expressed his

strong disapproval of the position taken by Mr. Motley in his

communication of the instructions of the department to the Austrian

government, and directed him to carry out his instructions according to

the strict letter, adding:

I refrain from discussing the question you have raised,

"Whether the recent instructions of this department

harmonize entirely with the policy which it pursued at an

earlier period of the European intervention in Mexico."

Mr. Motley was instructed to withdraw from Vienna in case troops were

sent from Austria to Mexico. The embarkation of troops for this purpose

was stopped. Austria was in a great state of excitement over the

approaching war with Prussia, and, besides needing all her available

troops at home, did not care to antagonize the United States.

It was now a question of great interest in this country and in Europe,

whether Maximilian would withdraw from Mexico with the French troops or

attempt to maintain himself there without foreign support. Napoleon sent

one of his aides to Mexico to make known his intentions to Maximilian.

This fact was communicated to the United States government, October 16,

1866:

Mr. de Castelnau has for his mission to make it well

understood that the limit of our sacrifices is reached and

that if the Emperor Maximilian, thinking to find in the

country itself a point of sufficient support, may wish to

endeavor to maintain himself there, he cannot for the future

count on any succor on the part of France. But it may happen

that, deeming it impossible to triumph through his own

resources over the difficulties which surround him, this

sovereign may determine to abdicate. We will do nothing to

dissuade him from this, and we think that on this hypothesis

there would be ground to proceed, by way of election, in the

establishment of a new government.[239]

When the time came for the withdrawal of the first contingent of French

troops, no action to that end was taken by the French government, and

the United States had once more to seek an explanation. The Emperor

assured the American government, however, that he had decided from

military considerations to withdraw all his troops in the spring in a

body, as the recent successes of the insurgents would render any large

reduction of his forces perilous to those who remained. He further

stated that he had counselled Maximilian to abdicate.[240] To the

surprise of everyone, however, Maximilian seemed to think that honor

demanded that he should remain in Mexico and share the fate of his

supporters.

After the withdrawal of Mr. Corwin, owing to the unsettled state of

affairs in Mexico, the United States had no one accredited to that

government until May, 1866, when Mr. Lewis D. Campbell, of Ohio, was

appointed. He left New York for his post in November, 1866, accompanied

by Lieutenant General William T. Sherman of the army. They proceeded in

the U. S. S. _Susquehanna_ by way of Havana, but as they found the

principal Mexican ports on the Atlantic still occupied by the French,

they proceeded to New Orleans, from which point Mr. Campbell tried to

establish regular communication with President Juarez. The President had

first decided to dispatch General Grant with Mr. Campbell, in the hope

"that some disposition might be made of the land and naval forces of the

United States without interfering within the jurisdiction of Mexico, or

violating the laws of neutrality, which would be useful in favoring the

restoration of law, order and republican government in that country."

This demonstration was intended to insure the withdrawal of the French

army according to the promises of the Emperor. A hitch occurred through

some question raised by General Grant and General Sherman was

substituted.[241]

The French army was withdrawn in the spring of 1867, and it very soon

became evident that Maximilian's cause would speedily collapse. In view

of the almost inevitable capture of Maximilian, Mr. Seward telegraphed

to Mr. Campbell at New Orleans, April 6, 1867:

You will communicate to President Juarez, promptly and by

effectual means, the desire of this government, that in case

of capture, the prince and his supporters may receive the

humane treatment accorded by civilized nations to prisoners

of war.

Some of the prisoners already taken had been summarily executed.

Mr. Campbell at once dispatched a special messenger, who succeeded in

getting through to the headquarters of Juarez, and who returned with an

answer from the Mexican government, dated April 22, 1867. This answer

not only undertook to defend the execution of prisoners above referred

to, but also intimated that similar severity would be practiced on

Maximilian and his leading associates, if captured, on the ground that,

by his harsh decrees, he had placed himself beyond the pale of the law

of nations.[242]

Maximilian and his chief supporters were taken prisoners, May 15, 1867.

This information was received in the United States toward the last of

the month, and along with it a report, not well authenticated and which

afterward proved to be false, that they had been executed on the 16th.

As soon as these rumors reached Washington, Mr. Seward telegraphed to

Mr. Campbell, then at New Orleans, June 1, 1867, directing him to

proceed at once to the residence of the President of Mexico and enter on

his mission, and if necessary to urge clemency to Maximilian and the

other prisoners of war. Mr. Campbell failed to act under these

instructions. He requested first that a public vessel of the United

States should be detailed to carry him to Mexico. When it was found that

no ship was available for this purpose, he was ordered to proceed to

Havana and thence by the British or French line of steamers to Vera

Cruz. He replied that under the circumstances he did not think it

becoming the dignity of the representative of the United States to

return to Mexico under the flag of a nation which had shown such

hostility to that country. He thus remained at New Orleans from the

first to the fifteenth of June. He was then ordered peremptorily to

proceed at once according to instructions. He replied that he was ill

and was afraid to go by way of Havana, where yellow fever was raging;

that he would resign, if desired. The same day Mr. Seward telegraphed

him that his resignation would be accepted.

Mr. Seward then informed Mr. Romero, the Mexican minister at Washington,

that Austria, France, and Great Britain had appealed to the United

States to use its good offices to avert the execution of Prince

Maximilian. He strongly recommended clemency to President Juarez, as

good policy, and requested Mr. Romero to make the same known to his

government at once. This was June 15, the same day that Mr. Campbell's

resignation was accepted. On the 21st, Mr. Seward requested Mr. Romero

to inform President Juarez that the Emperor of Austria would restore

Maximilian to all his rights of succession upon his release and

renouncing forever all projects in Mexico.[243]

Meanwhile Maximilian of Hapsburg, Miguel Miramon, and Tomas Mejia had

been tried by court-martial and sentenced to death, June 14. The

sentence was confirmed by the government on the 15th, and the execution

fixed for the 16th, but at the request of Maximilian's counsel, it was

suspended by order of President Juarez until the 19th, in order to allow

the prince to arrange certain business affairs of a private character.

At seven o'clock on the morning of June 19 the prisoners were shot.

FOOTNOTES:

[193] Brit. and For. St. Pap., 1861-62, Vol. LII. Also House Exec. Doc.

No. 100, Thirty-seventh Cong., Second Sess.

[194] Brit. and For. St. Pap., Vol. LII, p. 359.

[195] Wharton's Digest, Sec. 58, Vol. I, p. 312.

[196] Brit. and For. St. Pap., Vol. LII, p. 237.

[197] Brit. and For. St. Pap., Vol. LII, p. 294.

[198] Mr. Seward to Mr. Corwin, Sept. 2, 1861. House Exec. Doc. No. 100,

p. 22, Thirty-seventh Cong., Second Sess.

[199] Brit. and For. St. Pap., Vol. LII, p. 325.

[200] Earl Cowley to Earl Russell, Sept. 24, 1861. Brit. and For. St.

Pap., Vol. LII, p. 329.

[201] Earl Lyons to Earl Russell, Oct. 14, 1861. Brit. and For. St.

Pap., Vol LII, p. 375.

[202] Thirty-Seventh Cong., Second Sess., House Exec. Doc. No. 100, p.

201.

[203] Sir C. Wyke to Earl Russell, Nov. 25, 1861. Brit. and For. St.

Pap., Vol. LII, p. 398.

[204] Thirty-Seventh Cong., Second Sess., House Exec. Doc. No. 100, pp.

186-7.

[205] House Exec. Doc. No. 100, pp. 187-190, Thirty-seventh Cong.,

Second Sess. Brit. and For. St. Pap., Vol. LII. p. 394.

[206] House Exec. Doc. No. 100, p. 174, Thirty-seventh Cong., Second

Sess.

[207] Brit. and For. St. Pap., Vol. LII, p. 381.

[208] Adams to Seward, January 24, 1862. House Ex. Doc. No. 100 p. 206,

Thirty-seventh Cong., Second Sess.

[209] Brit. and For. St. Pap., Vol. LII, p. 418.

[210] H. Ex. Doc. No. 100, p. 209, Thirty-seventh Cong., Second Sess.

[211] H. Ex. Doc No. 54, p. 46, Thirty-seventh Cong., Third Sess.

[212] _Ibid._, p. 48.

[213] Dayton to Seward, April 22, 1862.

[214] Earl Cowley to Earl Russell, May 15, 1862, H. Ex. Doc. No. 54, p.

746, Thirty-seventh Cong., Third Sess.

[215] Earl Russell to Sir C. Wyke, May 22, 1862.

[216] Earl Cowley to Earl Russell, April 25, 1862, H. Ex. Doc. No. 54,

p. 694, Thirty-seventh Cong., Third Sess.

[217] H. Ex. Doc. No. 54, p. 530, Thirty-seventh Cong., Third Sess.

[218] Sen. Ex. Doc. No. 11, pp. 254-268, Thirty-eighth Cong., First

Sess.

[219] Seward to Motley, Sept. 11, 1863, Dipl. Corr., 1863; Sen. Ex. Doc.

No. 11, p. 479, Thirty-eighth Cong., First Sess.

[220] Sen. Ex. Doc. No. 11, p. 464, Thirty-eighth Cong., First Sess.

[221] Dayton to Seward, Oct. 9, 1863, Sen. Ex. Doc. No. 11, p. 471,

Thirty-eighth Cong., First Sess.

[222] Seward to Dayton, Oct. 23, 1863. _Ibid._

[223] Dip. Corr., 1864.

[224] Adams to Seward, March 24, 1864.

[225] Dipl. Corr., 1865, Part III, pp. 356-849.

[226] Dipl. Corr., 1864; also Sen. Ex. Doc. No. 11, Thirty-eighth Cong.,

First Sess.

[227] Dipl. Corr., 1865, Part III, pp. 380-385.

[228] Dipl. Corr. 1865, Part III.

[229] Tucker, p. 104; Dipl. Corr., 1865, Part III.

[230] Sen. Ex. Doc. No. 5, p. 3. Thirty-ninth Cong., First Sess.

[231] Mr. Bigelow to Mr. Seward, Nov. 30, 1865, Sen. Ex. Doc. No. 5,

Thirty-ninth Cong., First Sess.

[232] Bigelow, "Retrospections of an Active Life," Vol. IV, p. 42;

Bancroft, "Life of Seward," Vol. II, p. 435.

[233] Sen. Ex. Doc. No. 6, p. 98, Thirty-ninth Cong., First Sess.

[234] House Ex. Doc. No. 93, Thirty-ninth Cong., First Sess.

[235] Dipl. Corr., 1865, Part III; also H. Ex. Doc. No. 93, Thirty-ninth

Cong., First Sess.

[236] H. Ex. Doc. No. 93, p. 42, Thirty-ninth Cong., First Sess.

[237] _Ibid._

[238] Wharton's Digest, Sec. 58, Vol. I, p. 328.

[239] Dipl. Corr., 1866, Part I, p. 387.

[240] H. Ex. Doc. No. 30, Fortieth Cong., First Sess.

[241] Dipl. Corr., 1866, Part III.

[242] Dipl. Corr., 1866, Part III.

[243] Sen. Ex. Doc. No. 20, Fortieth Cong., First Sess.

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