Page:The Green Bag (1889–1914), Volume 16.pdf/298

 The Trial of Maximilian. procedure, which applies to not more than two or three crimes, which has not been in force a hundred and fifty years, which de rives all its authority from an act of Parlia ment, and which may therefore be by another

253

act abrogated or suspended without offense to God or men." In the end, the bill passed both Houses by narrow margins, and on January 28, 1697, Fenwick was beheaded.

THE TRIAL OF MAXIMILIAN. The State's Charges and His Defence. BY RUPERT SARGENT HOLLAND, Of the Philadelphia Bar. STUDENTS of constitutional law must ford it will go over to Austria and form seek far to find a case involving so many a Mexican court for Maximilian at Miraand such curious points of law as those dis mar, and he will have enough of them cussed, but unfortunately never decided, in to organize a legitimate Mexican govern the trial of the Emperor Maximilian of Mex ment there, as the ex-king of the Two Sici ico, in the year of grace 1867. That the dif lies did at Rome, after he was expelled from ficulties of the situation were tremendous Naples; some European powers will keep cannot for a moment be denied; how far real recognizing him as the Emperor of Mexico, or seemingly real obstacles should interfere as Spain did with the ex-king of the Two with the administration of constitutional jus Sicilies; whenever we may be likely to have tice is a question as old as constitutions complications with any European nation, the themselves, and likely to prove as lasting. first step taken by the interested party will Señor Romero, representing the Mexican be to intrigue with Maximilian, and to theatgovernment at Washington, set forth the en us with giving aid to our lawful sovereign more pertinent of these difficulties in a letter to recover his authority from the hands of to the Honorable Hiram Barney, of Newthe usurpers, if we decline to accept their York, under date of May 31, 1867, in which terms. he says: "Besides, if Maximilian is pardoned and allowed to go home, nobody in Europe, I "I have perused with interest your re marks about the way in which we ought to am sure, will give us credit for magnanimity, treat the enemies of Mexico. I do not know as weak nations are not supposed to be magnanimous; but. on the contrary, it will be what disposition President Juarez will make of Maximilian, but I am afraid that if he is said that we did so through fear of public allowed to go back to Europe with impunity, opinion in Europe, and because we would not he will be a constant menace to the peace of dare to treat harshly our sovereign. Mexico. He will keep on styling himself to "I do not mean by this to say that Maxi our shame—Emperor of Mexico; all dissatis milian must necessarily be shot; what I mean fied Mexicans will keep up an active corre is that his power to do any further mischief spondence with him about his supposed in Mexico must be utterly destroyed before popularity there, and even may induce him he is allowed to depart." to return at some future time, as they did That President Juarez and his cabinet fully with Iturbide; such of them as can af recognized the fearful responsibility of the