Marquez, who had been named Lieutenant of the Empire, went to Mexico, but, instead of returning to Querétaro, he marched with five thousand men to the relief of Puebla which was besieged by Porfirio Diaz. The latter took possession of the town, on April 2, and together with Guadarrama, who had been detached by Escobedo, he routed Marquez, on April 10, and all hope of relieving the besieged Emperor was lost.

At Querétaro the people of the town and the army suffered greatly, but the defense continued valiantly until May 14, when it was decided to endeavor to abandon the town the next day. Everything was prepared for the departure when, through treachery, Maximilian was captured. During the night of May 14 Colonel Miguel Lopez, one of the Emperor's most trusted officers, betrayed him to his enemies. Lopez had an interview with Escobedo, and disclosing the plans of the Imperialists, agreed to introduce republican soldiers into the town. He did this, and the main posts were secured by the republicans. Lopez seems to have wished to save Maximilian's life and warned him, early in the morning of May 15, of his danger. The Emperor refused to hide himself or to mount a horse, as his companions had to walk, and with a small party, among whom were Mejía, Castillo, and Salm-Salm, reached the Cerro de las Campanas. It was found impossible to hold the point for any length of time, and Maximilian surrendered his sword to General Escobedo. Miramon and Mendez were wounded and captured, and the latter was summarily shot, in retaliation for the execution of General Arteaga under the decree of October 3, 1865.

Maximilian was lodged at first at the Convent de la Cruz, and later was imprisoned with Miramon and Mejía in the Convent of the Capuchins. Orders were soon received to arraign him and his generals before a court-martial, in accordance with the decree of Juarez, of January 25, 1862, against traitors and invaders. The trial began on June 13 and was held in the Iturbide theatre, a name of bad omen

for the second Mexican emperor, and Maximilian was defended by Mariano Riva Palacio, Martinez de la Torre, E. M. Ortega, and J. M. Vasquez. The principal charges against him were filibustering, treason, and issuing the decree of October 3, 1865. It was in vain that his lawyers represented that he had been legally elected emperor and was no traitor, and that he had revoked the decree of October; he was condemned to death on June 15. General Escobedo approved the sentence and ordered the execution to take place on June 16, but it was postponed for three days, by order of Juarez. Miramon and Mejía had been also condemned to death.

The representatives of all the foreign governments, at that time in Mexico, exerted themselves to obtain mercy from Juarez, and the American government joined in those efforts. Great pressure was brought to bear on Juarez from all sides, but he was inflexible, and the execution took place at seven o'clock on June 19, 1867, upon the Cerro de las Campanas. Maximilian died like a hero, and his unfortunate companions likewise. The Emperor had yielded the centre, the place of honor, to Miramon and had pressed Mejía to his breast. He had bidden the soldiers fire straight at his heart and had uttered a few patriotic and noble words.

The fate of Maximilian excites the deepest sympathy, for he was a chivalric man and had led a blameless life. It has been said that Juarez could not spare his life, because it was necessary to warn usurpers and foreigners that they should not attempt to overthrow republican institutions. In our opinion, however, the death of Maximilian was an unnecessary cruelty, which is almost as blamable as the executions of Hidalgo, Morelos, Iturbide, and Guerrero. It is very unfortunate that the Mexicans committed so many ruthless deeds before they succeeded in establishing a stable form of republican government. Very different has been the history of the United States, where, at the conclusion of the great Civil War, not one of the Confederate chiefs was put to death by the victorious Federals. On the contrary

Grant gave most generous terms to Lee and sent the soldier boys back to their plows on their own horses. Juarez might have treated Maximilian with clemency and he would have been approved by posterity. He chose severity, and his action will ever be considered one of those doubtful deeds prompted by policy, which no man with a truly great character would commit. The Second Christian Empire in Mexico ended as tragically as the First, and Maximiliano Primero had the same fate as Agustin Primero.

CHAPTER XV

THE RESTORED REPUBLIC

AFTER Porfirio Diaz had captured Puebla and had defeated General Marquez at San Lorenzo, on April 10, 1867, the latter returned to Mexico, which was forthwith besieged by the republican troops. Marquez defended the city with great stubbornness, even after the fall of Querétaro had permitted large reinforcements to be sent to Diaz. The Imperialists were repulsed in a sortie during the night of June 17, and two days later the Austrians, who had fought with them, thus far, capitulated by direction of their chargé. Marquez then resigned his position and went into hiding with his family. On June 20, 1867, the city surrendered, and General Diaz prepared for the late partisans of Maximilian three prisons, which were soon full. On July 15, President Juarez entered the capital, amidst the deceitful enthusiasm which generally accompanies the triumph of the victor. He commuted the death-sentence of Imperialists condemned at Querétaro, but he allowed O'Horan, the political prefect, to be executed, whilst Vidaurri was shot without any trial. Marquez and two of his former ministers, Lacunza and Arellano, succeeded in escaping from the city and leaving the country. Many of the Imperialist prisoners were condemned to imprisonment, others to pay a fine, and twelve were expelled. Finally, a general amnesty was granted on October 13, 1870, from which were excepted, however, Archbishop Labastida and Generals Uraga and Marquez.