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

lcAan XPcutlOn 10 Oanta re. lou Will DO all tnal
you can Tor those young men compatby with the In
strucons which have already been given to you upon
the SUBJECT and will transmit to the Department any
udings which may come to your knowledge concern
ing them.
am, sir, your obedient servant,
DANIEL WEBSTER.
PowHATAN ELLIS Esq,
Envoy Extraordinary and
Minister Penipotentiary of the U. s., Mexico.
DEPARTMENT OF STATE,
Washington, Feb 8, 1912.
SIR | transmit copy of two letters which have
been addressed to this Department, by Benjamin
Ruggles, and another by Sarah Jane Morrison, in be-
half of Thomas s. Smith, and also copy of third
letter from Austin Kilbourn, in behalf of Thomas
Stebbns Torrey. Both of these individuals are sta
ted to have gone with the Texan expedition to Santa
Fe. You will investigate their cases and do for
them any thing which in your opinion the result of
your inquiry may warrant.
| am, sir, your obedient servant
DANIEL WEBSTER.
To PowHATAN ELLIS, ESQ.,,
Envoy Extraordinary and
Minister Plenipotentiary Of the u. s., Mexico.
Mr. Webster to Mr.. Ellis
DEPARTMENT OF STATE,
Washington, Goth February, 1912
SIR-Your dispatches to No. SO, inclusive, have
been received.
Since the date of the last letter to you from this
Department. the interposition fthis Government has
been requested in behalf of Warren D. Haughton, of
Massachusetts; Ratclf Hudson, Albert Goodwin,
Geo. Barnard, junior, and Mr.. - Kimball, OF
Connecticut; Charles c. Willis, of New York John
Holiday, of Pennsy lvania John ID. McAlster, of
Tennessee, and Thomas S. Lubbock, of South Caro-
lima, all of whom represented to have gone with
the Texan expedition to Santa Fe.
IT, upon proper inquiry, you shall be satisfied that
all or any of these persons were citizens of the United
States who accompanied the expedition for the sole
purpose of enjoying its protection whist exploring
the wilderness through which its course principally
lay, and had no hostile designs against Mexico you
will officially demand their release, they cannot
justly be considered as prisoners of war. IT, how
ever, they were engaged in the service Of the Repub
lie of Texas, whether technically citizens Of that Re-
public not the right of Mexico to detain them as
prisoners of war, cannot be disputed, nor can this
Government insist upon their liberation. STILL with
all proper regard to the rights of Mexico and to the
cardinal policy Of this Government in such instances
it would be impossible for us to view with indff,r-
ence any derection on the part of that Government
from its duty humane belligerent with respect to
any persons, whether natives of the United States or
not whom such calamity had cast within its power.
You will consequently, if there should be occasion
for it, expostulate orally with the Minister for Fo-
reign Affairs upon this subject. You will say that
considering the state of open hostties which has
existed and still exists between the Mexican Repub-
lie and Texas, each of those Governments will be
held bound by the rest of the civilized world and
especially by those nations who have recognized one
or both of them, to observe in their warfare upon
one another, and in their treatment of prisoners,
their rules prescribed by public law. IT. as is under
Stood the terms of the capitulation Of the Santa Fe
expedition violated by the Mexican officers if
without probable cause to fear that they would es-
cape, the prisoners have been manacled, and have
been employed in mental and ignom,nous services,
the Mexican Government must, if tried by the rules
OF public law applicable to such cases, be deemed to
have overstepped the line Of its right and its duty as
belligerent and would be thought to have exposed
itself TO the just reproach of nations Prisoners of
war are to be considered as unfortunate and not as
criminal, ard be treated accordingly AL
though the question of detention liberation is one
affecting the interest of the capor alone and there
fore one with which no other Government ought to
interfere in any way yet the right to detain by no
implies the right to dispose of the prisoners at
the pleasure of the captor That right involves GER
tain duties-among them, that of providing the pri-
soners with the necessaries of life, and abstaining
from the infcion Of any punishment upon them
which they may not have merited by an offence
against the laws of the country since they were ia
ken. If the Mexican Government should have al
lowed and should continue to allow the Texan pri-
to suffer for want of the necessaries of life
it will next be the duty of the Texan Government to
provide for their subsistence. IT. however, this
should not have been done by the time this letter
reaches Mexico, the President is willing that YOU
should advance funds for the purchase of ne
cessares for the persons mentioned above if found
not to have been engaged in Texan service, and for
such others of like character, in whose behalf you
have been specially instructed until funds for that
purpose may be supplied by their friends. The OBJ
ject Of this is, that innocent citizens of the United
States be left to suffer for want of the absolute
necessaries of life, during the period which may
elapse before their friends can succor them. ',
am, sir, your obedient servant
DANIEL WEBSTER.
To PowHATAN ELLIS, Esq,
Envoy Extraordinary and Minister
Penipotentiary OF the United States Mexico.
Mr.. Webster to Mr.. Ellis.
DEPARTMENT STATE,
Washington, 10th March, 1912
SIR have to inform you that, in addition to the
persons mentioned in former communications from
this Department to you,- application has been made
for the interference of this Government in behalf of
the following individuals, who supposed to have
gone with the late Texan expedition to Santa Fe -
Henry Ridley Buchanan, Thompson Robinson, John
Adams, A. Adams, and d. A. Alexander, Of Tennes-
see James M. Alexan Ter, and Thomas Z. Tucker,