I remember once hearing the marshal refer to a controversy that was then going on between himself and the Emperor with regard to prisoners taken by him at Oajaca, and who, he felt, should be exiled. Maximilian, unmindful of the prolonged effort which it had cost to subdue these men, insisted upon releasing them, and eventually did so. The marshal bitterly complained of his weakness, gave other instances of his untimely interference with the course of justice as administered by the military courts, and excitedly declared that he was tired of sacrificing French lives for the sole apparent use of giving an Austrian archduke the opportunity "to play at clemency" (de faire de la clemence). Such difficulties steadily widened the breach between the court and the French military headquarters. In the autumn of 1865, the news having reached him that President Juarez had passed the border and left the country, Maximilian, elated by the event, and exaggerating its bearing upon the political and military situation, issued the famous decree of October 3, now known in Mexican history as the Bando Negro ("black decree"). In this fatal enactment he assumed that the war was at an end, and, while doing homage to President Juarez himself, attempted to brand all armed republicans as outlaws who, if taken in arms, must henceforth be summarily dealt with by the courts martial, or--when made prisoners in battle--by the military leader, and shot within twenty-four hours.* * See Appendix A. This extraordinary decree was greeted with dismay in the United States. It outraged the Mexicans, and excited the vindictiveness of the Liberal party. At the time such men as General Riva-Palacio and General Diaz were still in the field, and some of Mexico's most illustrious patriots were thus placed under a ban by the foreign monarch.* * General Diaz's record is well-known and requires no comment here. General Riva-Palacio was a patriot and a gentleman. He was a man of parts, and had achieved some reputation as a poet and dramatic author. At the outbreak of the war he organized and equipped at his own expense a regiment, and was with General Zaragoza at Puebla. His division was one of the finest in the Mexican service, and, throughout the war, he loyally conducted his military operations in strict accordance with recognized usage. He cared for the wounded, exchanged prisoners, and, at the last, even went so far as to extend his protection to small detachments of French troops making their way to the Atlantic coast from the shores of the Pacific. See note from Marshal Bazaine, quoted in a letter from Mr. Bigelow to Mr. Seward, February 12, 1866 ("Diplomatic Correspondence," 1866, Part I, p. 281).