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312 fiscal, who supported his charges on the evidence of public notoriety, the proceedings were denounced as illegal, and the charges not proved as required by law. According to the constitution, the penalty of death did not exist for political offences such as the present. It did apply for treason; but Maximilian as a foreigner could not be charged with this crime. Allusion was made to the considerate treatment accorded in the republic of the United States to the far more censurable president of the late confederacy, who had never been recognized by any other nation. Finally, an appeal was made to the honor and sympathy of the republicans not to abuse their victory and stain their laurels with a bloody and useless execution.

It had also been urged that Maximilian should be treated, if not as emperor, as archduke, and be sent back to his country as a prisoner of war, for as such he had been admitted by Escobedo. But the