The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-06-21

informed that the case Of Mr.. Kendall is peculiar
one that he Is considered having been united with
the IN ading enemies of Mexico that he was taken
in then company, and travelling Iunder their proec
ton that The statements made In his iavr emanate
from the Interested party HIMSELF and this Legation Is
In fact, finally called on to prove his Innocence
This Is novel mode of proceeding, and nverts al
the well known and well established principles OF JUS
tice, by compelling all individual to prove negative
be deemed guilty. althoug there nothing adduc
ed by the accusing party to sustain the charge This
Course suggested by the Mexican Government Is the
more extraordinary when it is recoeced that the
evidence called for is either in the possession of or
has been destroyed by the officers of this Government
in the department of New Mexico. The individual
who is entitled to the benefit of this evidence has am
pie to complain of the harshness and cruelty Of
course which has not only compelled him to under
go, for months the sulferings of long march, foot
of nearly two thousand miles, frozen plains and
burning sands between Santa Fe and this capital,
but requires hun TO prove himself innocent,
while that very proof In the possession OF your own
officers, or has been destroyed by them What con-
s.'lalion will II be TO this unfortunate man To know
that General Armlo has been instructed to state whe-
Their or not this document was presented to him ny
Mr. Kendall or to be informed that the Consul at
New Orleans has been ordered to report TO the Minis
try whether not he issued passport as is alleged
This surely is not satisfaction to Mr.. Kendall, or
to the Government of the United Suites; nor can
any course be so, as long this gentleman Is kept
close prisoner with the full knowledge that he has
committed no act to merit such treatment
The undersigned does not deny that Mr.. Kendall
entered the Mexican territory with the Santa t'e ex-
petition, and under its protection; but only as
peaceful traveller, unaImed and furnished with
Mexican passport. When he left New Orleans, his
protested object TO visit this country for the puI-
pose of amusement and instruction, and to penetrate
far as this capital. His pursuits life gu Ell
and literary, and there can be ground for suppo-
sition that he would have accompanied the expedition
for any other objects than those Indicated IN the notes
which the undersigned has had the honor of address
ing his Exceency. Nor can The idea be entertained
that, had Mr. Kendall been that the views OF
Texan Government in despatching this expedition,
were hostile predatory, rather than friendly and
commercial he would have avaed himself of its pro-
tcction through tn, Indian country.
The simple fact of Mr.. Kel dali being in company
with the Texans, and travelling under their escort,
can only be viewed presumplive evidence that he
was connected with them in their hostile intentions,
if they had any; but cannot control the positive proof
adduced 10 show his peaceful character in entering
Mexico.
A though the undersigned, as the representative of
the U nited States will not waive the demand which
his Government has ordered him to make for the libe
ration of MIR. kendal-and attempt to sustain sian
pie application for 1t by testimony other than that
which authorized the honorable the Secretary of State
of the United States in making his rcqusition in Mr..
kendalls behalf-yet, the undersigned herewith
closes the conclusive certificates Of Messrs Falconer
and Van Ness preclude the slightest POSSIBLE
ty of further hesitation the part of the Mexican
Government
Mr.. Kendall obtained the important document de-
scribed In the sworn certificate of these gentlemen
with the full conviction hat it would shield hun from
suspicion and injury. Confdng, he did, in the
good faith Of this Government, he awaited himself of
the earliest opportunity exhibit it to the proper
lhorities in Santa Fe, and to claim their protec-
ton. This protection not gwen him, but, on the
contrary he has been held close prisoner since
September last notwithstanding the proof now ex
hibed and before stated that he citizen of the
United States, travelling under official patent of
this Government and in The absence of all proof to
show that he has committed single act with view
to disturb the peace and tranquility of the Mexican
Republic. His presence with the Texans, uncon-
nected with other facts, cannot be considered evil
dence of hostility and therefore there be right
to de,ain him.
If Mr.. Kendall had abandoned his allegiance to the
nted States, by becoming citizen OF Texas, there
would be an end of the question, SO far as the Gov
eminent of the undersigned is concerned. As the
matter stands,-we clearly stabsh, by the Mexi-
can passport, that Mr.. Kendall is American c-
zen that hs professed visit this country peace
full in its characters that he accompanied the Santa
Fe expedition for the benefit Of the protection it of
tred him; that he was -combatant free of all
control the part OF the officers and must be consi-
dered as rghtfully asking and receiving the protec-
ton of his Government, until it be established, be-
yond doubt that by his OF hostility against
| Mexico he has forfeited that right In that event
Mr.. Kendall could not receive the countenance or
protection of this Legaon,-whlle, on the contrary,
it is the duty of the undersigned, well that of
the Government of the United States, which he rep
resents, to protect their unoending countrymen by
| all means entrusted to them for that purpose.
So far as the cases of Messrs. Howard and others
concerned, the undersigned only reiteraes the re-
quest made his last his Exceency, that hav
ing sought the protection Of the United States, they
may be detained here until their claims can be proper
| ly heard and decided.
The undersigned begs leave to inform his Excel
| lency MIR. de Brocanegra that his messenger will
leave this city Sunday morning next, and he there
fore requests that this Legation may BE- furnished with
passports for Mr. d. K. McRae to that effect trusting
that it will suit the convenience of his Exceency to
| terminate Mr.. Kendalls case before that PERIOD on
| the conclusive testimony submitted.
The undersigned avais himself of this occasion to
tender the services of his messenger TO his Excel
| lency and the Mexican Government for any des-
patches they may desire sending to Washington and
has The honor to to his Excellency the assn
ranse of his high and distinguished consideration.
POWHATAN ELLIS.
| To his Excellency,
JOSE MARIA DE BoCANEaRA,
| Minister Of Foreign Relations, &c.
Mr.. Ellis to General Valencia