The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-06-21

The undersigned has submitted the note to his Ex-
ceency the Provisional President aud has received
express orders to state to Mr. Ellis that when the
supreme Government of Mexico entered into the
discussion of Mr.. Kendalls case, and considered II
exceptional it did nothing by that step but give an
additional proofof its good will towards the Govern
ment of friendly nation, and its Minister who pre-
scented this affair in that character, and under that
point OF view. IL In consequence separated, we may
say, Mr. Kendall from the rest of the prisoners, and
taking into consideration the exceptions alleged, win
the object of preventing HIM from being reported as
among the Texian enemies of Mexico, it has been
guided by these exceptions, and has given to the al
fair the direction required by its nature, and by the
express declarations of the Legation of the United
States of America. The is exceptional; In this
light it has been viewed by Mr. Ellis and the under
signed has taken the word in its obvious sense which
is that Mr.. Kendall having cited circumstances
which, if established, would justify his entrance INTO
the Mexican territory, those circumstances should
be Investigated.
1t is his part to exhibit proofs sufficient to remove
the prescriptions operating against him, IN requiring
such proofs from person in Mr.. Kendall's stua-
on the undersigned does not conceive that the prn-
ciples of Justice are inverted negative, gene
rally speaking, is not received as proof MI Ellis
well knows that when the negative includes an ailr-
NATIVE the person using it must prove; and the I'M
dersgned conceves that the order is really Inverted
by requiring the Mexican Government to furnish
proofs for and in defence of the accused. 1t IS an
axiom adopted by the Legislation of all nations, as
taken from the very source OF the common right al
ready established. The Government of Mexico
might have applied it, notice was given
that the person interested advanced exceptions which
lessened the gravity of the charge but not wishing
to leave to Mr.. Kendall alone the task of proving
and of soliciting evidence, it gave the proper orders
for bringing that evidence forward, which conduct
affords proofs of the rightful proper and equitable
views with which it entered upon the discussion.
The Government Of Mexico finds Mr. Kendall in
company and united with those who to invade its
territory, armed with all arms and with hostile views
and measures. 1t also that his entrance into the
country is from direction expressly and positively
prohibited to every stranger, from and since the 18th
of February, 1910 and it moreover observes, that
this same individual did not take purely passive
part in the invasion. Yet, notwithstanding these cir
cumstances, sufficient as they were for establishing
a strong presumption against MIR. Kendall, the Co
vernment has taken his excuses into consideration
and has acted in conformity with the circumstances
of the case as presented by the Legation Of the Uni
ted States.
The Government possessed already, before the inter
vention in this affair of his Excellency Mr.. Ellis, Of
fetal information denouncng Mr.. Kendall an
agent of the Texans, or, at least, member of the
expedition against New Mexico. The undersigned
will present one OF those evidences, taken from
Of the newspapers oil the United States, IN sup
port Of the good faith of its proceedings and of the
confidence it places in Mr. Ellis.
In he daily Picayune OF the 2lst, paper published
New Orleans it said with reference to the pro-
ceelings of the Texans against the said Department,
that Captain Lclois Wds one Of the Commission
ers, and the other Mr. Kendall, editor Of the Plea
yune 1t is left the prudence discretion and JUS
tice of the Government of the United States and of
Mr. Ellis to say how far this shows the connection of
Mr. Kendall, with events hostile in all respects, and
how far they aggavae his conduct In travelling into
Mexico by prohibited road.
Notwithstanding all these conjectures, which, ia
ken together form pr OF that Mr.. Kendall was not
Indifferent to the advantages which the enemies of
Mexico might derive from their expedition the Supreme
Government acting at once according its dignity
and its duties and especially regarding the consdera
tons of amity by which il is animated towards the
Government of the U ned States, has not desired to
use in their full extent, the faculties allowed by
the law of nations. 1t listens the exceptions cited
before tit dictates, of its own accord orders for
transmission to it, all the evidence which may be in
the hands of the authorities under its jurisdicton
enters into frank and sincere discussion, and will
give their due weight to those evidences with its cha
racersc honor and can It's Difference and the pun
ty of its intentions be carried farther considering
the very nature Of the circumstances, and also the
terms In which the Envoy, &c of the United States
| has expressed himself with regard to them
line of conduct such as that pursued in the pre-
sent case by the Supreme Government will, al all
times, afford the most irrefragble proof Of its humane
sentiments-of its cuncatory dsposilion-of its be-
nevolen deas-of its justice-and of the fact that its
not having gone farther arises from its respect for the
lawsof its cafe for the preservation Of the territory
committed to its chargeand of its being embarrassed
only by its own sense of proprety and by difficulties
| which it cannot now overcome.
| The undersigned, organ of the desires of his Ex-
ceency, the Provisional President has the honor to
transmit the information OF them to Mr.. Ellis and to
renew to that gentleman the assurances of his most
distinguished consideration.
J. M. DE BOCANEGRA.
| To the honorable
p. ELLIS, &c.