The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-06-18

That they should have been nnicted IN tns age anu
in country calling itself Christian and civilized
During many days they had no food, and others
only two cars of corn were distributed TO each man.
To sustain lfe therefore, they compelled to SELL
on the way, the few remnants OF clothing which their
capors had left them, but by seeking thus to appease
their hunger, they increased the misery which they
already endured from exposure TO the cold. Most
dreadful of ALL however several Of them, disabled by
ckness and suffering from keeping up with the 9th
ers were deliberately shot without any provocation-
Those who survived to their journeys end, were
nv of them afflicted with loathsome disease and
those whose health was not broken down have been
treated not az the public law requires but in man
ner harsh and vindlctve, and with degree of severl-
ty equal at least to that usually inflicted by the NUM-
cipa codes of most civilized and Christian States up
on the basest felons Indeed they appear to have
been ranked with these being thrust into the same
dungeon with Mexican maetactors, chained to them,
in pairs and when allowed to the light and breathe
the air of heaven, required compensation there
for to labor beneath the lash OF task master upon
roads and public works of that country.
The Government of the United States has no in
clination to interfere in the war between Mexi-
co and Texas for the benefit protection
of individuals, any further than its clear du-
ties require But if citizens of the United
States who have not renowned, nor intended to
nounce, their allegiance to their own Government
nor have entered into the military service of any
other Government, have nevertheless been found so
connected with armed enemies of Mexico as that
they may be lawfully captured and detained as pri-
of war, it is still the duty Of this Government
to take far in their welfare as to that
prisoners of war; they treated according to the
usage of modern times and civilized states.
Indeed, although the rights the safety of mono of
their citizens were concerned yet if IN war wa
ged between two neghborng states, the killing enslav
ing cruelty treating Of prisoners should be ndulged
the United States would feel it to be their duty, as
well their right, to remoisrate and to interfere
against such departure from the principles of hui
mainly and civilization These principles are COM
mon principles, essential alike to the welfare of all
nations, and, in the preservation of which, all nations
have therefore rights and interests But their duty to
interfere becomes imperative in affecting their
own citizens.
1t is, therefore, that the Government of the United
States protests against the hardshps and cruetes to
which the Santa Fe prisoners have been subjected.
1t protests against this treatment in the of hui
manity and the law OF nations-in the name of all
Christian States-n the of civilization and the
spirit of the age--in the name of all Republican,
the name of liberty herself enfeebled and dishonor-
ed by all cruelty, and all in the name Of and
for the honor of this whole hemisphere 1t protests
emphatcay and earnestly against practices belong
ing only to barbarous people in barbarous times
By the well established rules of national law, pri-
sOners of war are not to be treated harshy unless
personally guilty towards him who has them in his
power for he should remember that they are men
and unfortunate.
soul forgets all resentment and is entirely filled with
compassion for him. This is the humane language of
the law of nations and this is the sentiment of high
honor among men. The law of war forbids the
wounding, killing, mpressment into the troops Of the
country, or the enslaving OF otherwise mareatng of
prisoners Of unless they have been guilty of some
grave crime; and from the obligation of this law no
civilized State discharge itself
Every nation, on being received at her own request
into the circle Of civilized Governments, must un.
hat the only atta
ty and the dignity of national character but that She
binds herself also to the strict faithful observance
of all those principles, laws and usages which have
obtained currency among civilized States and which
have for their object the mitigation of the miseres of
war.
No community can be allowed to enioy the benefit
OF national character in modern times without sub
hitting to all the duties which that character i'm
poses. Christian people, who exercise sovereign
power, who make treaties, maintain diplomatic re-
latlons with other States and who should yet refuse
to conduct its military operations according to the
usages universally observed by such States, would
present character singulary inconsistent and anomo-
ous.
This Government will not hastily suppose that the
Mexican Republic will assume such character
There is yet another very important element arising
out of the facts of this case.
1t IS asserted and believed that the surrender of
some OF the persons connected with the expedition
was made upon specific terms which were imme-
diately violated by the local Mexican authorities
If there is rule of the law of war more clear and
peremptory than another, it is, that compacts be-
tween enemies, such truces and capitulaons shall
be faithfully adhered to and their on-observance
is denounced as being manifestly at variance with
the true interest and duty not only of the immediate
parties, but of all mankind. Consequently, if the
surrender Of the expedition, or any part Of it wa.
conditional, the benefit of those conditions must be
insisted upon in favor of Mr. Kendall. According
to the statement of Messrs Faconer and Van Ness
Mr. Kendall proceeded two hundred miles in advance
OF the main body and was taken with his companions
whlie they were displaying flag of truce; and the
persons who took them gave assurances that they
should not be held as prisoners of war.
Here then special immunity promised, but
afterwards VIGOROUSLY withheld, as we are bound to
believe in the present state of information upon
the subject. If, therefore, this Government were
not entitled to demand Mr. KendalPs release on the
grounds OF his having been noncombatant and neu-
tra, it might require the Government of Mexico to
take care that the stipulation of its authorized agents
to that effect be scrupulously fulfilled, and that on
this account, those to whom the promise was made
should be Immediately released, according to that
promise.
In conclusion, | am directed by the President of
the United States now to instruct you that the re-
cept of this despatch, you inquire carefully and mi
nuteiy into the circumstances of all those persons who
having been taken near Santa Fe and having claim
ed the nerposition of this GoverDm are still held
40 PioohCi1 III NACAioo, anu you tutn uemanu OF
the Mexican Government the release of such of them
appear to have been innocent traders travellers in
valds, men of letters, for any other reasons Justly
esteemed non-combatants being citizens of the Uni
ted States. To this end it may be proper to direct
the Consul to proceed to the places where any of them
may be confined and to take their statements under
OATH also the statements of other persons to whom
they may respectively refer If the Mexican Govern
men deny facts upon which any of the persons claim
their release, and desire time for further investigation
n lei c1Cn nFfh npo Il
suitable time must be allowed but if any of the per-
sons described in the next preceding paragraph and
for whose release you shall have made demand shall
sill be detained for the purpose of further inqu or
otherwise, you will then explicitly demand of the
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