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Rh and marked liberal policy, with an entire absence of persecution for political creed or attitude, proved that he came not to oppress. The issue of the severe decree of October 3, 1865, was, at the instance of the French commander, supported by the ministry, and in the belief that Juarez had abandoned Mexican territory. Besides, he had as sovereign as much right to issue such protective measures as the republican government to publish its equally severe law of 1862. He revoked his decree, and according to international usages Juarez should have followed his example. If Maximilian remained after the French prepared to depart, it was partly to prevent a new government from being forced upon the people.

This exposition of the rights and conduct of Maximilian and his party sought to demonstrate that the law of January 25, 1862, was inapplicable to the case. Further, the law was shown to be unconstitutional. Federal interests were concerned in the case, and according to the constitution, congress or a civil tribunal must decide upon it. Hence a court-martial was incompetent. No witnesses being called by the