1865: Mexican Republican officers, under the Black Decree

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On this date in 1865, two Republican generals, four colonels, and various other officers captured earlier in the month were executed on the authority of Mexico’s notorious Bando Negro — the “Black Decree.”

Halfway into his ill-fated three-year reign as “Emperor,” Maximilian I was in a bad way against Mexican president-turned-guerrilla Benito Juarez.

On October 3, 1865, he authorized summary execution for captured Republicans … and for anyone else who ran afoul of a nearby military official without having speedy proof of his or her political bona fides.

All individuals forming a part of armed bands or bodies existing without legal authority, whether or not proclaiming a political pretext, whatever the number of those forming such band, or its organization, character, and denomination, shall be judged militarily by the courts martial. If found guilty, even though only of the fact of belonging to an armed band, they shall be condemned to capital punishment, and the sentence shall be executed within twenty-four hours.*

In signing the Black Decree, said Mexican essayist Carlos Fuentes, Maximilian “signed his own death warrant.”

But more immediately, of course, he signed a lot of other people’s death warrants.

Republican General José María Arteaga Magallanes (Spanish link), a man of famous chivalry (once, recovering the body of the Belgian Foreign Minister’s son, he returned the boy’s watch home to dad), and fellow General Carlos Salazar Ruiz (Spanish again) were the biggest fish; they and the others are honored today as the Martyrs of Uruapan. (Spanish yet again)


The square in Uruapan where this day’s victims were shot … now known as Plaza Mártires.

* The excerpted text is Article I of the Black Decree, whose entire (taken from here) follows:

THE BANDO NEGRO (BLACK DECREE) PROCLAMATION
OF EMPEROR MAXIMILIAN, OCTOBER 3, 1865

MEXICANS: The cause sustained by D. Benito Juarez with so much valor and constancy had already succumbed, not only before the national will, but before the very law invoked by him in support of his claims. To-day this cause, having degenerated into a faction, is abandoned by the fact of the removal of its leaders from the country’s territory.

The national government has long been indulgent, and has lavished its clemency in order that men led astray or ignorant of the true condition of things might still unite with the majority of the nation and return to the path of duty. The desired result has been obtained. Men of honor have rallied around the flag and have accepted the just and liberal principles which guide its policy. Disorder is now only kept up by a few leaders swayed by their unpatriotic passions, by demoralized individuals unable to rise to the height of political principle, and by an unruly soldiery such as ever remains the last and sad vestige of civil wars.

Henceforth the struggle must be between the honorable men of the nation and bands of brigands and evil-doers. The time for indulgence has gone by: it would only encourage the despotism of bands of incendiaries, of thieves, of highwaymen, and of murderers of old men and defenseless women.

The government, strong in its power, will henceforth be inflexible in meting ont punishment when the laws of civilization, humanity, or morality demand it.

Mexico, October 2, 1865.

Maximilian, Emperor Of Mexico : Our Council of Ministers and our Council of State having been heard, we decree:

Article I. All individuals forming a part of armed bands or bodies existing without legal authority, whether or not proclaiming a political pretext, whatever the number of those forming such band, or its organization, character, and denomination, shall be judged militarily by the courts martial. If found guilty, even though only of the fact of belonging to an armed band, they shall be condemned to capital punishment, and the sentence shall be executed within twenty-four hours.

Article II. Those who, forming part of the bands mentioned in the above article, shall have been taken prisoners in combat shall be judged by the officer commanding the force into the power of which they have fallen. It shall become the duty of said officer within the twenty-four hours following to institute an inquest, hearing the accused in his own behalf. Upon this inquest a report shall be drawn and sentence shall be passed. The pain of death shall be pronounced against offenders even if only found guilty of belonging to an armed band. The chief shall have the sentence carried into execution within twenty-four hours,—being careful to secure to the condemned spiritual aid,—after which he will address the report to the Minister of War.

Article III. Sentence of death shall not be imposed upon those who, although forming part of a band, can prove that they were coerced into its ranks, or upon those who, without belonging to a band, are accidentally found there.

Article IV. If from the inquest mentioned in Article II facts should appear calculated to induce the chief to believe that the accused has been enrolled by force, or that, although forming part of the band, he was there accidentally, he shall abstain from pronouncing a sentence, and will consign the prisoner, with the corresponding report, to the court martial, to be judged in accordance with Article I.

Article V. There shall be judged and sentenced under the terms of Article I of the present law:

I. All individuals who voluntarily have procured money or any other succor to guerrilleros.

II. Those who have given them advice, news, or counsel.

III. Those who voluntarily and with knowledge of the position of said guerrilleros have sold them or procured for them arms, horses, ammunition, provisions, or any other materials of war.

Article VI. There shall be judged and sentenced in accordance with Article I:

I. Those who have entertained with guerrilleros relations constituting the fact of connivance.

II. Those who of their own free will and knowingly have given them shelter in their houses or on their estate.

III. Those who have spread orally or in writing false or alarming news calculated to disturb order, or who have made any demonstration against the public peace.

IV. The owners or agents of rural property who have not at once given notice to the nearest authority of the passage of a band upon their estate.

The persons included in the first and second sections of this article shall be liable to an imprisonment of from six months to two years, or from one to three years’ hard labor, according to the gravity of the offense.

Those who, placed in the second category, are connected with the individual concealed by them by ties of relationship, whether as parents, consorts, or brothers, shall not be liable to the penalty above prescribed, but they shall be subject to surveillance by the authorities during such time as may be prescribed by the court martial.

Those included in the third category shall be sentenced to a fine of from twenty-five to one thousand piasters or to one year’s imprisonment, according to the gravity of the offense.

Article VII. When the authorities have not given notice to their immediate superior of the passage of an armed force in their locality, the superior authority shall inflict a fine of from two hundred to two thousand piasters or from three months’ to two years’ imprisonment.

Article VIII. Every inhabitant who, having knowledge of the passage of an armed band in a village or of its approach, has not notified the authorities shall be liable to a fine of from five to five hundred piasters.

Article IX. All inhabitants between the ages of eighteen and fifty-five years of age not physically incapacitated shall, when the locality inhabited by them is threatened by a band, take part in the defense of the place, under penalty of a fine of from five to two hundred piasters or of from fifteen days’ to four months’ imprisonment. If the authorities deem it proper to punish the village for nonresistance, they may impose a fine of from two hundred to two thousand piasters, which shall be payable by all those who have not taken part in the defense.

Article X. The owners or agents of country property who, being able to defend themselves, have not kept guerrillas and other evil-doers away from their estates or have not notified the nearest military authority of their presence, or who have received the tired or wounded horses of the guerrillas without advising the said authority, shall be punished by said authority by a fine of from one hundred to two thousand piasters, according to the gravity of the offense. In cases of extreme gravity they shall be arrested and brought before the court martial, to be judged in conformity with the rules laid down by the present law. The fine shall be paid to the principal administrator of the revenue of the district where the estate is situated. The provisions of the first part of the present article are applicable to the populations.

Article XI. All authorities, whether political, military, or municipal, who have not acted in accordance with the provisions of the present law against those who are suspected of or recognized as being guilty of the offenses with which it deals, shall be liable to a fine of from fifty to one thousand piasters; and when the omission implies acquaintance with the guilty, the delinquent shall be brought before the court martial, who shall judge him and inflict a penalty in proportion to the offense.

Article XTT. Plagiarios [kidnappers] shall be judged and sentenced under the provisions of Article I of the present law, without regard to the circumstances under which the abduction shall have been committed.

Article XIII. Sentence of death passed upon those guilty of the offenses enumerated by the present law shall be executed in the time fixed, and the benefit of appeal for mercy shall be refused to the condemned. When the accused has not been condemned to death, and is a stranger, the government, after he shall have undergone punishment, may make use with regard to him of its right to expel from its territory pernicious strangers.

i Kidnappers. The Minister of Foreign Affairs, intrusted with the Department

Article XIV. Amnesty is proclaimed in favor of all who, having belonged or still belonging to armed bands and having committed no other offense, shall present themselves to the authorities before the 15th of next November. The authorities shall take possession of the arms of those so surrendering themselves.

Akticle XV. The government reserves unto itself the right to fix the time when the provisions of the present law shall cease to be enforced. Each of our ministers is bound, as far as his department is concerned, to enforce the present law and to issue such orders as will secure its strict observance.

Issued in the Palace of Mexico, October 3, 1865.

Maximilian.

On this day..

Possibly related executions:

2 thoughts on “1865: Mexican Republican officers, under the Black Decree”

  2. Where might I be able to find an image of the original “Bando Negro” (I understand it was originally printed in Spanish and Nahuatl–what about French?). Do you think Bazaine put Maximiliano up to drafting the decree, or was it really Max’s idea? What’s the best source for these kinds of questions?
    Thanks,

    Andy

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