The suborned apologists for Maximilian—the records of the Imperial treasury show that the sum of fifteen thousand dollars was remitted monthly to New York "for the press"—have asserted that this infamous proclamation was issued under the false impression that Juarez had fled from the territory of the Republic, and that Maximilian was deceived in this matter by the French. But it will be seen that this proclamation was issued October 3d, 1865, and Maximilian's surrender to, or capture by the victorious forces of the Republic, took place on the 17th of May, 1867,— nearly two years later. During all this time the butchery of prisoners of war under this decree went on, without so much as a protest against it by Maximilian, and the decree itself was never modified, nor action under it suspended for a moment. Surely, when he stood at bay at Queretaro, with the Republican army surrounding him at all points, he could not have been under the impression that the war had dwindled down to a mere guerrilla conflict; and still the butchery of prisoners under this decree went on. Only two or three days before the capture of Maximilian at Queretaro, a young man named Mercado, son of one of the best families of Mexico, was captured by the Imperial forces, and murdered within the twenty-four hours, as prescribed by this decree.
Again, it is alleged that the decree was only intended to beheld in terrorem over the heads of Republicans, and was never intended to be put in force. The falsity of this plea is evidenced by the decree itself, which in express terms forbids the reception of any petition for pardon by the officer, and directs him to report the capture of prisoners after they have been executed, and not before.
