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Maximilian's proclamation to the auxiliary troops that they should henceforth form one and the same division "with their companions in arms" was dated May 19, 1866. Dissatisfaction prevailed, and the very worst spirit was manifested on all sides. After continued ill feeling, in August, 1866, Comte de Thun sent in his resignation and returned to Europe, leaving Colonel Kodolitch in command.

The marshal was anxiously awaiting the promised documents which were to announce the final terms of abdication. Instead of these, Colonel Kodolitch was sent by the Emperor to arrange the preliminary details for the return of the Austro-Belgian troops. The negotiations were now opened anew.

Basch, and Councilor Hertzel, under the escort of Colonel Kodolitch and his Austro-Hungarian regiment, started from Chapultepec at three o'clock in the morning. There was no doubt in any one's mind that his departure for Orizaba was the first relay in the Emperor's journey to the coast. * See Basch, loc. cit., p. 61. There is something profoundly pathetic in this chapter of his life.

The auxiliary regiments, Maximilian's most trustworthy dependence in his extremity, were, by the advice of Marquez, left behind. The Emperor, he urged, must now throw himself entirely upon the Mexican nation. Thus Colonels Kodolitch, Khevenhuller, Hammerstein, and others, remained in Mexico, and only a few of the Emperor's foreign supporters followed him.

This was about the time when the return of the Empress was expected, and he had made his plans to travel toward the coast to meet her on her homeward journey. Some days earlier Colonel Kodolitch and his Austrian hussars had been summoned to the capital to form his body-guard. Maximilian now at once resolved to leave Chapultepec, and to retire to Orizaba.

In order to guard against similar accidents, a council was held by the foreign leaders, Colonel Kodolitch, Captain von Wickemburg, Captain Hammerstein, Commanders Klickzing and Chenet, etc., who resolved that, although it was deeply humiliating for them to serve under a general who did not blush to desert his command under fire, as their service was needed by the Emperor they would retain their respective commissions; but in the moment of danger they would regard themselves as under the orders of Colonel Kodolitch.

Colonel Kodolitch then assumed command, and fighting his way through the enemy, brought back the debris of the imperial forces, now reduced to one third, to the capital, where the general had preceded him. It is said that this extraordinary conduct on the part of their official leader caused the indignant foreign officers no little concern with regard to the future.