eignty of the United States was complete from the time they declared themselves free, sovereign, and independent States," on the 4th of July, 1776. The same principle was recognized in the treaty with Great Britain and the United States, in 1872. (See Wheaton, Part ist, Chapter 2nd, Section 6th.) "5th. That he, Maximilian, was Emperor and Sovereign head of Mexico for a long time, and as such Sovereign head exercised jurisdiction and control over the greater part of the territory of Mexico. "6th. That he, Maximilian, being the Sovereign head of Mexico, and so recog nized by nearly all the nations of the world, was not and is not subject to any laws or decrees made by the President of the Liberal or any other party, although said President was recognized by the United States as President of Mexico, because said Liberal party was not the government de facto of Mexico, and therefore he ought not to be adjudged by any such laws or decrees. "7th. That, according to the rules and principles of International Law, the sover eign head of a government de facto cannot be tried or punished for making or issuing any decree or law; and while within his own government, is not amenable to the munici pal laws of any other government or party. Therefore, Maximilian, upon legal principles, cannot be tried or condemned for issuing the decree known as the "Decree of October 3d," whatever may be the character of said decree. Every State has certain absolute sovereign rights; one of the most important is the right of self-preservation. This right necessarily involves all the incidental rights which are essential as means to give effect to the principal end. (See Wheaton, Part 2d, Chapter ist. Sections i, 2, 3.) "8th. The law of President Juarez of 1862, January 25th, is unconstitutional, ist. Because it was made by the President alone, who has no authority to legislate. See Mex ican Constitution, Title 3d, Art. 50, under
the "Division of Powers," which says that the supreme power of the federation is di vided into legislative, executive, and judicial powers; that no two of said powers can ever be united in one person; and that legislative power shall never be deposited in one individ ual. Therefore any /aw not made by the legis lative power is unconstitutional. 2d. Said law is unconstitutional, because it punishesa man with death for political crimes, con trary to Art. 2ßd, Title ist, Section ist. "gui. The powers given to the President in Art. 29, Title ist, Section ist, Mexican Constitution, to suspend certain guarantees mentioned in said Constitution, do not ex tend to those guarantees that secure the life of man. "loth. That word 'guarantees' in the Constitution means individual guarantees or rights, 'and the power to suspend them does not give the power to the President to make laws. If the President can make laws, he caa destroy the form of the government, and it would become monarchical rather than con stitutional. If the President can exercise legislative power, he can likewise exercise judicial power, and he would then be an autocrat. "nth. That the Congress of Mexicohave no power to declare that the President can make laws. Congress cannot delegate its power to any one. If it can delegate its powers to the President, then it can do so toany other individual. Neither Congress nor the President can destroy the form of govern ment by giving each other a part of their respective constitutional powers. All the powers of Congress are mentioned in Title 3d, Section ist, Paragraph 3d, Art. 117; and there is no authority given to delegate the powers of Congress to the President. According to Title 6th, Art. 117, the powers which are not expressly conceded in the Con stitution to the federal functionaries are understood to be reserved to the States. Art 1 26th, Title 6th, says that This Consti
