The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-06-23
MEXICAN CORRESPONDENCE.
CONTINUED.
Mr.. de Bocanegra to Mr.. Ellis.
TRANsLATIoN.J

TRANSLATION.
PALACE OF THE NATIONAL GovERNMENT,
MEXICO February 18th, 1912.
The undersigned, Minister of Foreign Relations
and Government, submitted TO his Excelency the act
ing President the addressed 10 him by Mr. Ellis,
dated the l4lh instant, in which that gentleman re-
peas his demand for the Liberation of Mr.. George
Wilkins Kendall
Mr. Ellis makes various observations in his said
note in reply to the from this Department dated
the 18th instant upon that affair." and the undersign-
ed will proceed to notice them, in the order in which
they are thus presented.
The Supreme Government of Mexico has shown
its frank and sincere sentiments respecting affair
which, sees with pain, has presented difficulties and
embarIassments naturally calculated to impede its
conclusion in manner satisfactory to his Exceen-
cy, the President, and the Legation of the United
States.
The undersigned could not have expected from
the clear judgment and reclitude Of Mr.. Ellis, any
thing else than that he should admit the fact of Mr.
kendas having entered in contrsvention of the cir
cular of February, cited in the communication from
this Government Of the 9Th instant for Mr. Ellis eve
speaking alphabetically, TO whether Mr.. Kendall
In entering the Mexican territory, by way OF Texas
acted with previous knowledge of the prohibition SCI
forth IN the said circular or in ignorance thereof says
that IN the first suppostion he should BIO punished
by being obliged to return according the provision,
of the said supreme order.
1t is admitted in all systems Of legislation that ig-
cuse, when the law has been properly made public
and the persons who affected are not expressly
excepted IN the sa general rule. This principle is
well known to Mr.. Ellis who, on the other hand is
aware of the occupation of Mr. Kendall of his n
necons, and of his being far from lying within the
excepted class. 1t must, then, be believed that he
was acquainted with the prohbitoIy law, and that if
he ignorant of it, that want of knowledge is not
admissible excuse But even admitting that the
provision of February 18th, was unknown to him,
A.
the text of the law cannot be literally followed The
undersigned will explain his meaning here.
The circular here mentioned provides that foreign
who should endeavor to enter Mexico, by way OF
Texas, should be sent back. Now is it not evident
that this measure applies cases in which only
two persons present themselves, without any hostile
accompaniment Can it be considered referring
to those who come In company with men armed and
carrying flags and other insignia of war? Those
who unite themselves with invaders must run the
same risks, In the acts of which may ensue from
the attempts to repel them; and in cases of this
ture all pesumptions against those who associate
themselves with the enemy, and made prisoners in
their company, whatever may have been the lnten-
tons of the former The law is directed against out
ward acts. Moreover the measure. of April 18Th did
not restrain the Mexican Government, in the of
Its facility, derived from the principal and the first of
all rights, that of representation right dictated by
nature herself and comfortable with the law Of ma
ture and of nations. Mr.. Ellis also well knows how
sons to whom the law of nations comedies privileges
and irnmunities which may be forfeited in vases such
that of Mr.. Kendall
The Government possesses documents which place
in serious light the conduct of this individual,
and his appearance amons the Texan invaders Mr.
Ellis will here allow the undersigned to remove an
error into which that gentleman appears to have fall
len probably from want of sufficient clearness on the
part OF the Minister who now addresses, In his Tor.
mer statement. The undersigned has not said that
he eli ed frOm W.
ground upon which the Government bases its acts.
What he did say IS, that the SAID publication In pa
per of which Mr.. Kendall is the editor, inserted by
his co-laborer who may be reasonably supposed to
be identified in principle with his partner, well as
by personal affections, impartial confession that
Mr. Kendall did not come with the invaders in an
Indifferent passive character; and that his evil
dencr, taken with others, strengthened the presump
tions, already very strong, which the Government
has not yet removed or weakened. That Mr..
Kendall was commissioner courier who went
in advance of the Texans, together with others,
statement which has been likewise published by the
New Orleans Bee. The manner in which both those
newspapers express themselves, and in which they
represent the invasion of New Mexico shows their
true intentions, and how far they CO. The Govern
ment of Mexico, on becoming acquainted with those
articles regarded Mr.. Kendall in the light of per-
son commissioned on the part of those who came to
make on it and the right of taking this view
cannot be denied to it, that OF using to its own
advantage it bound to adopt the whole context
of the article because has adopted the part which
favors its view.
The undersigned finds himself likewise under the
necessity of establishing his meaning regards the
commission given to Mr.. Kendall; and he as
sures Mr.. Ellis that in styling that person commits
soner, he has taken and does take the word as ndi-
eating person in whom confidence is placed and to
whom is committed the execution Of this or that bu-
siness And does not the Legation of the United
States itself tell u.s. that this individual was Of
no in nHV Of he wade
such office given to one who is not expected to
perform the duties promptly and Loyalty, and from
whom those sending him do not anticipate COM
plete fulflment of the charge committed to him !?
Those who confer a commission, especially seri-
Gus and important matters which require genius, ia
lent and address, give such commissions to persons
possessing the principles with themselves, and
whom they consider among their co-laborers,
less directly, but always relying their assistance
in attaining the end desired
A commissioner is person charged by any COM
munity private citizen to conduct any business in
this sense | regard and present MIR. Kendall, and as
such think he should be considered.
With respect to the passport, the undersigned has
the honor to call Mr.. Ellis attention to the following
words: " If these circumstances, which favor Mr..
Kendall, can be substantated, the Supreme Govern
ment will Immediately proceed to deliver him to the
Legation of the United States of America. But be-
ing now surrounded by the difficulties which the ex-
ceptiona presents the Government regrets that
it cannot comply fully with the desires expressed by
Mr.. Ellis" The undersigned here means two
things first that Mr.. Kendall's being provided with
a passport would afford an evidence, ostensible at
least Of his entrance in manner prima facie legal if
he had presented himself to the local Mexican au-
thortes alone with this document, and in the
in which person travels and enters foreign coun-
try with the sole object of travelling either for pur
poses Of science or for speculatons purely mercan-
tile but when he appears by the side of invading
force should his passport be deemed sufficient to
prove him simple traveller
Secondly The undersigned stated positively that
if the proofs could be afforded, that passport was
given to him by the Mexican Vice Consul at New
Orleans, to enter the Republic by any point which
the person in question might choose and that such
document contained no rest lotion VIII t,oever that it