The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-06-23

40
MEXICO, February 18th, 1917.
The undersigned. Minister of Foreign Relations
and Government submitted 10 his Exceency, the act
ing President the note addressed TO hlm by MT Ei's'
dated the IA h instant in which that gen'iemah re-
peats his demand for the Liberation OF Mr.. George
Wilkins Kendall. +,
Mr. Ellis makes various observations in his said
note in reply TO the one from this Department dated
the 18th instant, upon that affair; and the underslgn-
ed will proceed to notice them in the order IN which
they thus presented.
The Supreae Government Of Me xco has shown
its frank and sincere sentiments respecting an affair
which, il with pain, has presented difficulties and
embauassments naturally calculated to impede It's
conclusion in manner satisfactory TO his Exceen-
Cyl the President and the Legation of the United
States.
The undersigned could not have expected from
The clear judgment and rectltude Of Mr. Ellis, any
thing else than that he should admit the fact OF Mr.
Kendal's having entered in contravention of the cir
cular OF February, cited in the communication from
this Government of the 81 instant, for Mr. Ellis, eve
speaking alphabetically, as TO whether Mr.. Kendall,
in entering the Mexican territory, by way Of Texas,
acted with previous knowledge of the prohibition set
firth in the said circular, IN ignorance thereof says
that, in the first snpposon, he sh uld be punished
by being Obliged TO return according 10 the provisions
of the said supreme order.
1t is admitted in all systems of legislation, that ig-
,norance in matters of law cannot be alleged IN ex
cuse when the law has been properly made pubic,
and the persons who are affected not expressly
excepted in the 10 general rule This principle Is
well known TO Mr.. Ellis, who, on the other hand is
aware of the Occur alton of Mr.. Kendall OF his con-
nectons and of his being far from lying within the
excepted class 1t must, then be- believed that he
was acquainted with the prohlboIy law, and that II
he ignorant OF it, that want of knowledge IS not
AN ad nissbIe excuse. But even admitting u at the
provision of February 18th, was unknown TO him,
the circumstances attending this case are such that
the text of the law cannot be literally followed The
undersigned will explain his meaning here.
The cncular here mentioned provides that oreign-
ers who should endeavor to enter Mexico, by way OF
Texas should be sent back. Now, is II not evident
that this applies TO in which only one or
persons present themselves, without any hostile
accompaniment Can il be considered as refsrrIng
10 those who come in company with men armed ana
carrying flags and other insignia OF war; Those
who unite themselves with invaders must run the
same risks in the acts Of war which may ensue from
the attempts to Iepe them; and in cases of this ma
ture all Prescriptions are against tn Sc who associate
themselves with the enemy and are made prisoners
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 use of
its facility, derived from the principal and the first OF
all rights, that of sepreservaton, right dictated by
n,ture herself, and comfortable with the law OF ma
turu and Of nations. Mr.. Ellis also well knows how
lar 'hn might be exercised even with regard to per
sons TO whom the law of nations comedies privileges
ana lnnutS!ies which may be forfeited In eases such
as that OF Mr. Kendall.
The Government possesses documents which place
IN more serons light the conduct of this individual
and MS appearance amonl 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 the
part of the Minister who now addresses, in his for.
mer statement The undersigned has not said that
the evidence elected from printed paper was the
ground upon which the Government bases its acts
What he did say is that the SAID publications in pa
IF 1yhic MIR oil ia a.i,o .taI hx
his co laborer, who may be reasonably supposed to
be identified in principle with his partner as well
by personal Affections is an impartial confession that
MIR. Kendall did not come with the invaders in an
Indifferent or passive character; and that his evil
dence, taken with others, strengthened the presump
tions, already very strong, which the Government
has not yet seen 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
1vpro.o,,s ~ ,.6ieb ass,.
true intentions, and how far they GO The Govern
ment of Mexico, on becoming acquainted with those
articles regarded Mr. Kendall in the light of per-
commissioned on the part of those who came to
make on it; and the right of taking this view
cannot be denied to it, nor that of using it to its own
advantage is it bound to adopt the whole context
of the article because 1t has adopted the part which
favors its view.
The undersigned finds himself likewise under the
necessity of establishing his meaning as regards the
commission given to Mr. Kendall and he now as
sures Mr. Ellis that in styling that person commits
sioner, he has taken and does take the word ind
eating person in whom confidence is placed, and to
whom is committed the execution of this or thatbu
siness. And does not the Legation of the United
States itself tell u.s. that this individual was one of
the couriers in advance of the invaders And is
such an 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 on seri-
Gus and important matters which require genius, ta-
lent and address, give such commissions to persons
possessing the principles with themselves, and
whom they consider among their co-aborers, more or
less directly, but always relying on their assistance
in attaining the end desired
commissioner is person charged by any COM
muny private citizen to conduct any business in
this sense | regard and present Mr.. Kendall, and
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-
ceptional 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, ostensbe at
least of his entrance in manner prina tacie legal if
he had presented himself TO the local Mexican au-
thorities alone wi this document, and in the
in which person travels and entes foreign coun-
try with the sole object of travelling eith,r 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 Repub c by any point which
the person in question might choose; and that such
document contained no rest teton VIII tioever that it
had been destroyed by officer of the Mexican army
well as of the other circumstances stated in such an
event Mr. Kendall would be placed at the disposition
of the Legation giving it to be understood that by
this if il shnuld be done the Goxernraont ua.1d