New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-06-23
THE TRIB L \ f..
Release OF the Santa Ee Capiivrs.

WEBSTER, our Secretary Of State and our shuis-
Ter IN Mexico, which resulted in the release Of scv-
eral Awcrcan citizens, captured with the Santa e.
Expedition, and for long time Detained 10y me
Mexican GOycrnneut in harsh and uuln'iihab-o
imprisonment The most interesting 81 these doc
uuents j. letter from Mr.. WED.rTR TO Nj.
Inonrsox under date Of April >, 1911. The lC-
siiion in which the Americas prisoners were placed
was somewhat peculiar and gave rise ~ no little
debate as to the principle, OF international Law by
which their case should be adjudssd. - the best
exponent Of the ,icWs OF the American Govern
meat upon thi. po.nt--which, from ouf prosirnit,
70 "a British province on the North and to tao in
dependent nation. on tie Sorth, may hcreafer be
one of not unfrequent occurrence, we make c
following summary Of the most important positions
established by tn .etcr ol Mr.. W eJster.
lie addresses. the Mexican Minister in behalf Of
those citizens of ;hc [ nl,sd States who wcre not
parties to the Texan Expcdtion 80 far as il was
not military ard hostileto Mcsico-b,t who accom-
panied il toufiiis-or in other characters show
ng them TO be Hon-comtafanf.-but vino, never
thclcss, had been taken and held prisoners and
subjected to every degree Of hardship and indig-
nifty. BY the law and practice Of civilized milton,
enemies subject. taken in arms may be made Jri.-
oucrs Of war; bat every person found in tho train
Of al army Is not therefore an enemy. \ man may
cygn be found in arms with an acknowledged hos
tile oxpedition--aud yet have no Leliigcrent in,cn-
ton-thoush The presumption certainly is against
his peaceful intent. But he may have assumed
arm. for other purposesand in less civilized ages
case. OF this sort were Of frequent occurrence IN
European society. The circumstances OF the coua-
try through wAch the Santa IL Expedition was to
pass would roPci tie presumption Of hostility.
The savage tribe, which roam over it make 1 10
cessary for unders, hunters, tourists and for all
men who would traverse it either to 90 armed or
place themselves uadcr the protection Of armed
escorts. The fact, therefore, OF being found in
such country with arms d0cs not proycn hostile
Character.
Now these considerations apply with force to the
case of Mr.. Kendall. lie literary man
fond of travel, and, for the sake of protection.
joined the Santa Fs expedition, ,upposins it to be
merely u tradiHg expedition, intending to view
the country aud return in the fall. Before leaving
Newt Orleans, he obtained passport from the
Mexican Vice Consul, is f,y proved. The
condition of several other American prisoners was
,r.ar to that of Mr. Kendall; and, under these
circumstances. their release from confinement IS
demanded
The Mexican Secretary objects that Kendall
WAS united with the invading en.nies Of Mexico
that the entrance of foreigners into Mexico by the
Texan frontier Is prohibited by a Mexican law,
and that Kendall was an agent of the Texans
He proceeds to assert that those who join invaders
ought to be Involved in their fate. and that the Prs-
sumptions are always against them.
Nh. Webster denies that The fact of being found
with the Texans constitutes Mr. Kendall comba-
tant. 1t is a well settled principle of the law OF
nations that men of letters and other non-conba-
tunts are exempt from being made prisoners OF
war: apd this would be withou, meaning II Mr.
Kendall. on this ground was a lawful prisoner
As to the law which prohibits one two or few
persons from entering the Mexican territory 10y the
Texan frontcr-,hat has no penalty of chains
dungeons orcondemnaton to the public work. at
tached to il; and the Mexican Secretary himself
subsequently acknowledges that II does not apply
To the case at all. As 10 the assertion that Mr.
Kendall was an agent of the Texans, there * not
the slightest ground to believe 1t true.
Mr.. Webster goes on TO say TINT, although the
presumption i. that the Mexican Government re-
CARDS the Santa Fc captNcs prisoners OF war,
it j. possible that they may be thought amenable
10 the municipal laws of Mexico. Any proceeding
founded on this idea, he saws, would undoubtedly
be attended with most serious consequences. The
independence of Texas has been for several years
acknowledged oy the United States, and by several
ct the considerable powers OF Europe. The
war between her an! Mexico carnet now be 'e-
couied as a rebelion--hut as a public war; ana
persons VIII. are captured in the course OF IT axe
to be- detained "a prisoners OF war and not other
wise. Ii is true the independence ct Texas has
not been acknowledged 10y MeNico-uor was the
independence of Mexico until recently ccosn2Sd
by Spain, though ii was by the United States long
before The United States i, therefore much
bound 70 protect il citizens IN proper intercourse
with Texas as il was 10 protect them in such
intercourse with Mexico against injurie, by Spain.
From the battle Of San Jacinto, ON the DIST of
April. 1896, until the present year, no effort has
been made tor the subjugaiion OF IeNas-and she
ha, maintained during all that time the character
OF an independent nation. Ii the war, Therefore,
he con,iacrcd-so far as American citizens ere
concem.d-in any other light than as apublic ma
tional war-consequences Of the most serious cha-
racjer will certainly cnsuo.
And this. Mr.. Webster SAYS. makes it PreP'r that
he should call attention to the manner in which the
santa Re prisoners have been treated M'' Men
dali and ms iclow-prisoners al Santa IT, acre de-
yrivcd OF their arms-and To this there l. 40 OBJ
,,;,, e ,bev Le considercd prisoners of war. But