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

he may perhaps have fallen into some error in his
commu nicaiion Of the 18th instant, where he says
with reference TO the legation that, II had acknow
lodged Kendall TO have been one OF the couners sent
in advance by the invaders Of New Mexico, yet y
should be observed that this idea does not proceed
from the undersigned but draws and owes us orgin
to the communication of the Legation, as formed by
the terms in which lthat Legation expresses itself
HIS Excellency, Mr. Ellis IN renarking on the us'
ofthe word comisionado, commissioner by the un
dersigned admits that Kendall had gone on he
fore as courier. His Excellency says IAN dran
courier is not commissioner to act IN the name oil th'
Texan Government. The two words are utterly dis
tnct The phrase arant courier, clearly signifies thai
Mr. Kendall was willing To be one OF party who
would proceed to the place proposed, TWO hundred
miles in advance of the others. Now supposing the
undersigned TO have fallen into any mstake II aros'
from his having admitted the meaning given by H'
Excelency Mr., Ellis TO lhose words, and from thu
Specification which the Department of Foreign Rela
mons thought proper udmit, and did admit in orde
To form It's reasoning upon that very idea upon th'
true sense and even upon the accepanon OF the wod
as ixed by The Legation Of the United States, L
which words he now refers without citing them no"
taking from the force which they have received iron
the Legation.
The confession made by the co la0orer Of Mr.. Ken
DALI in the publication in which he presented his as
sociaie as united with the Texan invaders, was no
the principal support the only grounds which have
puided the Supreme Government Of Mexico in III
proceedings in the present case. What the under
signed has said and now repeats, Is that tins evidence
received from person. who had natural and strongly
pronounced sympathes with his associate united win
others, in sireng hening the presunpions already
strong which the Government has not yet seen ellhe
answered or removed The accu,nulatng clrcum
stances concutring ia any case unjer consideration
either weakened strengthen II, according 10 lhei
nature and character; and they tend eithef To ui7
pei the presumptons which operate against an IN
hon in
evidence in justification be presented. This is Prn'
cple Ii led, certain and adopted by all legislative DO
dies and which the Government OF Mexico has ADOPT
ed with regard To MIR. Kendall, who is not charged
with abetting the Texans solely on the ground oil tie
asseyeralions published in the Picayune, but on az,
count of his having united with the Texans, and hi
having crininay violated the laws prohibiting per
sons IRON entering the Republic through Texas In
appearance, under such circumstances, rendered mn
subject to the authorizes otthe country which he tro
and to its internal police bis Excellency, Mr. Ellis
well knows the good principles of common right, tn
law OF nations the well known laws, customs, ant
univ ersa practice u civilized people have sane Toned
the privileges and prerogatives inherent In Goverh
nents, to ctate the means which may conduce =
their own security and preservation the first necessit,
Of nations.
His Exceency, Mr. Ellis, is pleased to say that th
partner of Mr.. Kendall, in this capital a few
days since. 1t is not alleged that he has offended
against the existing laws Of this country notwnh
paper.
His Exceency the Envoy Extraordinary and Min
iser Plenpotentlary of the United states OF Ameri
ca will permit the undersigned to make this observa
ton Is the arrival of Mr.. kendall's partner tn
same thing with the entrance of MIR. Kendall himsel
by way of Texas Did they come by the same di
rection and under the same iormaities required b.
the laws; The conduct observed by the co-abore
OF MIR Kendall in contrast with that pursued by tn
last named person. certainly an evidence in favor
the Mexican Government, and proof that this Go
vernment regulates its conduct according to the max
inns adopted by nations, and that the foreigner, VIII
arrives in its territory, be he who he may, does no
feel the weight of that arbitrary system which MIR
Ellis has voluntarily painted MIR Ellis VIII now see
that Mr.. Kendalis pa,tne having entered in lega
way peacefully, and without giving and grounds TO
his being considered enemy to the public order ant
tranquility, or wishing to act against the saet
and immunes of the nation is free and at liberty Il
enter in security. Mr.. kendal's partner arrived II
Mexico under the protection OF the laws, as eth
zen of the Upited States and has been considered II
that res ectable character. The same could not b.
said of Mr. Kendall from the disparity of the case
and other circumstances.
As regards the passport which Mr. Kendall say
that he obtained from the Mexican Consul at New
Orleans, the undersigned has made known the bene
violent dispositions OF his Government which ha
been so circumspect in the Of this affair, tina
it asked information from the authorities, VIII
should give it, respecting this exceptional particular
nr55 @pY proof which it vas not called On
dall In fact the Hi NO Pratt denied that
gave any such security, and explains himself in thu
following terms
"SR Having been charged with the Mexican
Consulate in this city, from September, 1887 to Sep
tember lS4l | am called to contradict notice o
account given at the public meeting, at the Bank Al
cade, on Friday last, the 4th instant. Mr. G.. W
Kendall never obtained a passport from the Mexica
Consulate"
The passport is the only guaranty which ha bee
alleged What should the Mexican Government dot
Fulfil its laws Gas set FORTH in the administrative or
der in question.
1t is true that Mr. Falconer has been delivered t,
his EXcellency, MIR. Packenham but ii is also tru,
that the same favor has been extended, in the delWe
ry to Mr.. Ellis, of George Van Ness and Combs ii
all which cases, his Excellency, the acting Presi
dent has exercised his own free and spontaneou
will.
With respect to Kendall, right has been asserted
in his behalf and the affair has not been regarded a
matter of favor; and, if the liberty, which is de
sired for him, has not been granted, 1t for want
those proofs which the Government of Mexico itsel
has made arrangements to obtain. The. manner IL
which Kendall was taken has rendered it very diff
cult to allow him his liberty, the question RAISED
renders difficult the application of the principle ant
doctrine which Mr. Ellis cites in the last but one pa
ragraph of his note, which would be clear, simple
and conormable with those protessed by the Supreme
Government, did not national dispo, itons operate
against Mr., Kendall of which dispositions both Go
yernments must keep in view, since, as MIR! Powhat
Ellis has declared, the Government of the United
States does not desire to free from merted punish
ment those American citizens who, by their hostile
acts have drawn upon themselves the rgor OF tn,
M Xican law.
The undersigned has the honor to repeat to his Ex
cellency, Mr.. Powhatan Ellis, the assurances Of hi
high consideration
J. NJ DE BOCANEGRA.
To the Honorable p. ELLIS,
Envoy Extraordinary and Minister Plenipoentiar,
Of the United States.
{ To be continued
DIED,
On the 22d inst. OHIO COLUMBUS, youngcs
son of Richard J. and Eleanor G.. NIorse, ag d on,