Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1842-06-28

e'NNftAhN ollects 10 ms release
ir"Hi confinement because he was united wsh the
invading enemies OF that country in whose cnmpa.
ny ne was taken, and under whuse pr1tecihnn he
was J"urneying; and because the entrance Of for.
e'sners into Mexico by the Texan frontier being
P''"'""eu oy n Mexican law. even when such for.
e'sne's might be travelling alone. the prohibitions
oush' To oe more strict aud severe IN the case of
Their entering by Ih SIDE OF soldiers coming % IN
Nade me country. Because, also, Nj. Kendall vas
w "gen' OF the Texans or at least a member of
the expedition to New Mexcn; ia proof Of which a
passage m the following words Is quoted Gium the
We" orleans Ptcayune Of the 2lst of December
| iast-"A captain Lewis was one of the commission.
/ Picayune"
the Secretary proceeds 10 assert that those who
Jo'h invaders ought 10 be involved IN their fate in
respect 10 such warlike measures a. It may be ne
'essary to take % repel such invaders; and that in
atars OF this nature. all the prescriptions arc agains,
MN who associates himself with enemy in whose
company ne Is made a prisoner. whatever his in
'ehlons may have been. The Secretary states far
'her That u ME- Kendall Wa ignorant of the Mexi.
can 'aw referred TO- Il Is we'll Known not 10 be nj
Io"aole to plead ignorance of any law which had
properly "een made public. Bui, supposing. that he
was ignorant OF the law, the ciIcumsianccs Of his
case ne orgIes were such that its text could not be
literally followed. Tor the penalty mentioned was
Intended TO apply To one two persons only and
'hese without hostile Accomplishments WIN, might
present them elves the frortier: aud that toe law
did not deprive the Mexican Government OF The r,gb
OF seh-preservaiion-a right derived f.om the law of
nature and nations. The Secretary then aiIudes 10
documents ia the possession of his C;oycrnmept
Nhirh. he says. place. Mr.. KendalI's conduct in a
more serious lighii but those documents are ther
produced nor described. Tue Srcte tarv denie. thai
the PARAGRAPHS quoted from the newsnaper was The
GROUND VI the proceedings Of his Government bui
says ma. proceeding. the paragranh did fr,u
hlr henlalI- pnFtupfs in - l., -
sldered MS impartial, and serve % strengthen The
prescriptions against him. He denies n al II ts the
ant' OF me Government To allow Mr. Kendall the
Dement, OF The context Of he article from which the
paragraph supposed 10 inculplie him had been QUO
ed' although the extract may be used against him
| lie endeav"rs TO prove himself cnrrcct i'm calling
MI Kendall a commissioner Of the Texans and
Procee is 10 de fine what he understands q COMMITS.
s'"herio be- II Mr.. Kendall had p,ssp,rr. that ne
admits. would he PriHI Gacie evidence IN his Gav,r
mud that Il Il should be ascerianed that he had an
unconditional passport. which had heen Jss,r,ve5
by an officer Of the Mexican army he should he SET
Al "ner'y and that measures had been taken 10 as.
cerain thee facts
these reasons appear either 10 he uniounded in
'a'' cru True, u thrush no sufficient ground for
regarding Mr. Kendall. as n behgereni enemy, or for
declining to com ly with the demand made by this
"oSerhme' IN h" behalf In the first place, il Is
sild that he was united with The invading enemies
III.
and under whuse protection he was Ipurneyinr
That he travelled with the Texans IL irue but
hs mas oeen Already sad. the fact alone does not con-
stI'nie HIN a combauani. IL may furnish, IN the
h'st in'iance, presumption that he was so but ina,
Sumption may be repelled and is fully rope He'd
oy The circumstances of the case There would be
no meaning IN the well settled principles of the law
oil naiinns which excmp, men Of letters and other
classes oil non-comhaants FROM the liability of he
ing made prisoners OF war, II were aa answer tn
every clam from such exemption 10 say that the.
Pets'h mANins u was united with n military force
or Journeying under ITS PREDICTION As to the asser.
uon that - against the law Of Mexico Tor foreign
efs 10 pass into II across The line of Texas. IL i, !
WIN NJ lille surprise that the Mexican Secretary
"I SAFE - iound 10 assign this reason Tor making
MI Kendall prisoner. The direction Of that Law
only Is t. prohIbii the travellers entrance ar I,
srnd hm hack 1t he does enler. II has nn penalty
OF eha'hs. dungeons, or condemnation the public ,
works. And the Mexican Secretary himself sufT ,
cien'ly 'h"w' that this law had n application 10
the case because he says II intended only f.,
the Ease oi one Two, or few indyi luals HAVING
guided his law, aud then finding that in its Iusi
in' oH ~ furnishes no authority G,r The treatmsu, |
"h'rh these citizens Of the United States had re.
'elNeu' me MEXICAN Secretary appears 10 treat the
snyert as t this law had been set up % assist them
clam iJr hb1rttbI; wli a. tr IIh. an r,t NJ, EI
rs j J. ~ q re- oct. va. . 50 "a, rfIiy ,ov.
erned The cise, then M penalty no punishment and
40 treatment OF the prisoners could be justified but
such nS hal been prescribed by thai Law; and there
upon The Secretary ndroilly denied that The las. ap
plies I" that ease ri all Ia This he Is no doubt
quite right.
As 10 the assertion that Me- Kendall was an agen,
"l The Texans, or a member, properly speaking. Of
me expedition, and The reference tn proof olhs as
s'rIi"n 10 the article IN the newspaper with which
ne was connected. all this was founded IN misc,n
',,urion ns you will see. ofthS true import OF the
s|.s III
a''ylo ''eI'' even 1t now.p'prr paragraph were ft
" DC regarded m such a case In the article
Mr. Kendall Ind been called an "nvant courie, -
merely t. signify that he went forward in a3proacb.
ing santa Re, IA adv Inre ofths rest t,e tnrtv-
u others went frward for other purposes he NIGH |
M 10 pursuance e his own objects 60 with them.
bN Mr Kendall not being responsible fnr this arii.
cle' or shown 20 have any knowledge Of IL. y can.
h"' he oi The least iorce against hm. whatever NAV
be iIs import
The Secretary says. finally, that being found in
company with the encmy raises n ORGANIZATION n |
s'"s' me plri but hr Secretary does not say thai
'nis presumption may not DO rsbatted Vbv IN. |
d. ed docs he call It presumpuon unless he mean.
hii u Is Thing calling or explanation and which
nav be explained. IL Is explained. fully and cum |
p'eiey. Mr. Kendall. as We think bring. bim.sIr |
clearly Wiihrn The exemption Of the law OF n lions
aS pracuced IN modern times; and o. insist ON or.
sn"plprs aud 10 give the prce Df conc usiye proo,s
~ defiance Of all rcpelng proofs Is 90 render thai
NV lh Us hpplcabn % cases ~ this kind null and
VOID u q 5e admitted that Drina Cacis the ore
sumption - gunsi NJ Kendall has he nj ropell. |
ei ~ lie has mide an cd,rt % do so bat instead
~ meeting this etf'u by argument aud the pro,is
Whirh suppor 70. by Opposite proUis the Secretary
appears ~ intent himself with stating thi such s
me le'a presumption; thus wholly avoiding the trpe
I''hl "l The case. Thus Government thinks thai |
The facts stated md proved show Mr. Kendall 4, |
have been no party o. the m luary expeduio, of |
IcNa'i 10 have had no hostile intention sniusi Mes
o'' To nave entered her ierriory or purpuss Of
asss.ing iD make war on her citzeus; dis.nembrr |
nor provinces. or overiufn Der Govern nent.
II dues not very satisfactorily appear from apy |
correspondence or Information uuV IN this Dopari.
'neni' 900 what light NeNIc1 lo11s upon those Dc,
spIs made prisoners 40 Stn.a Re. whom she has /
Hshi 90 con,dcras engaged 90 the service ofTers.
and therefore rs her enemies We muE presume 4
lh'i she means o. regard Them us prisoners of va
iHcfc is possibility however. th1ta different mode
"i considering hem may be adopted. and that they
may pc ln'1gni 90 be amendihlc 10 ibe municipal /
i'Nso VI rco Any proceeding iJunIcd op In.
iiea would undoubtedly bc attended with rl.,s, s.,