The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-06-18

that, proceeding as the paragraph did from Mr. Ken
dale partners in business II might be considered
impartial, and served 10 strengthen the presumpiions
against him. He denies that it is the duty Of his Go
yernment allow Mr.. Kendall the benefit of the con
text of the article from which the paragraph sup
posed TO incupate him had been quoted, al
though the extract may be used against him. He
endeavois to prove himself correct in calling Mr. Ken
dali Commissioner of the Texans, and proceeds to
define what he understands Commissioner to be.
If Mr. Kendall had passport that he admits would
be priHla facie evidence in his favor and that if il
should be a cerained that he had an unconditional
passport, which had been destroyed by officer OF
the Mexican army, he should be set at liberty and
that had been taken to ascertain these facts
These reasons appear to be either untounded in fact
or if true to furnish sufficient ground for regard
ing Mr. Kendall begerent enemy or for declin-
ing TO comply with the demand made by this Govern
ment In his behalf In the first place IL is said he
united with the invading enemies of the country in
whose company he was taken, and under whose pro-
lection he was journeying
That he travelled with the Texans, is true but as
has been already said, that fact alone does not con-
sttue him cumbatant. II may furnish in the first
instance, a presumption that he was so but such a
presumption may be repealed, and is fully repealed,
by the circumstances OF the case. There would be
no meaning in that well settled principle of the law
OF nations which exempts men OF letters and other
classes of non-combatants from the liability of being
made prisoners Of war, if it an answer to every
claim for such exemption TO say that the person max
ing it was united with military force, or journeying
under It's protection. As to the assertion that il is
against the law Of Mexico for foreigners pass into
1t, across the line OF Texas, 1t IS with little sur
prise that the Mexican Secretary Of State is found to
assign this reason for making Mr.. Kendall a pr
soner The direction of that law only, is TO pro-
hlbt the travellers entrance TO send him
back If he does enter lthds penalty ut CHAINS
dunge ms Or condemnation to the pubic works And
| he Mexican Secretary himself sufficiently shows
that this law has application TO the case, because
he says 1t was intended only for the of one, two
| or few individuals. Having quoted this law, and
then finding that IN It's just import II furnished
lhonty t1f tae treatment which these citizens of the
! Unled States had received, the Mexican Secretary
appears To treat the subject if this law had been
up assist their claim for liberation while in truth
all that Mr. Ellis did in this respect, TO say, that
if that law governed the case then penalty, no
punishment and no treatment OF the prisoners could
be justified but such had been prescribed by that
law and thereupon the Secretary adroltly denied that
the law applies 10 the at all In this he Is no
| doubt quite right.
A. to the assertion that Mr.. Kendall was an agent
OF the Texans, or a member, properly speaking of
the expedition, and the reference IN Proot Of this
seItlon to the article IN the newspaper with which he
was connected all this was founded ia mlsconstruc
tion, you will see, othe import Of the article
ITSELF even newspaper paragraph were fit TO be
garded IN such liza the article Mr.. Kendall
had been called an "avant courier, merely to signify
that he went forward in approaching Santa Fee ia adj
vance Of the rest of the party Ii others for
ward for other purposes he might still, in pursuance
of his own objects, go with them. Blu. Mr. Kendall not
being responsible Tor this article, shown 10
had any knowledge of II, u cannot be of the least
| force against him. whatever may be Its import.
The Secretary says finally that being found
in company with an enemy raises a presump-
ton against the party but the Secretary does
not say that this presumption may not be
| rebutted Why, indeed does he call it a pre-
SUMPTION, unless he means that it thing calling
Tor explanations and which may be explained, 1t is
explained fully and completely. MIR, Kendall, as
we think, brings himself clearly within the exemp-
ton OF the law OF nations, as pracsed in modern
times and to insist on prescriptions and to give them
the force OF conclusive proofs, in defiance of all
polling proofs, is to render that law its application
to cases of tins kind, null and void If il be admitted
that prima facie, the presumption is against Mr. Ken
dali; has he not repealed it, He has made an eff
tort to do so, but instead of meeting this effort by
gum MT and the proofs which support it. by opposite
! proofs, the Secretary appears to content himself
with stating that such is the legal presumption thus
! wholly avoiding the true point OF the This
Government thinks that the facts stated and proved
SHOW Mr.. keudaI "a have been no party to the mill
tary expedition of Texas to have had no hostile in
entlon against Mexico; to have entered her territory
for no purpose OF assisting to make war on her ct-
Zens dismember her provinces overturn her Cow
crnment
1t does not very satisfactorily appear from any
! correspondence or information in this Depart
ment, IN what light Mexico looks upon those persons
made prisoners at Santa Fe, whom she has a right
TO consider as engaged in the service of Texas aud,
! therefore, as her enemies. We must presume that
she means to regard them as prisoners Of war
There Is possibility, however, that different mode
| OF considering them may be adop,ed and that they
may pc thought to be amenable to the municipal laws
4 OF Mexico. Any proceeding founded on this idea
would undoubtedly be attended with most serious
consequences, II is now several years since the IN
dependence of Texas as separate Government, has
been acknowledged by the United States and She has
since been recognized in that character by several of
| the most considerable powers of Europe. The war
between her and Mexico, which has continued SO
long and with such success, that for long time
there has been no hostile foot i'll Texas, is public
war and as such 1t has been and will be regarded By
tins Government. 1t is not now an outbreak of re-
belon, fresh insurreccn, the parties to which may
be treated as rebels. The contest, supposed indeed
to have been substantially ended, has at least adj
Vanced lar beyond that point 1t Is public war, and
persons captured IN the of 1t who to be
detained at all, arc TO be detained as prisoners of
war, and not otherW ise.
1t Is true that the Independent of Texas has not
been recognized by MeXco.. 1t is equally true that
the Independence Of Mexico has only been recently
recognized by Spain; but the United States having
acknowledged both the independence OF Mexico,
before SPAN acknowledged it, and the independence
OF Texas although Mexico has not yet acknowledged
1t, stands III the same relation towards both those
Governments and is much bound protect its cit
liens in proper intercourse with Texas against
injuries by the Government of Mexico it would
nave been TO protect such citizens In a like inter-
course with Mexico against injuries by Spain. The
period which has elapsed since Texas threw oft the
authority OF Mexico Is nearly as long as the whole
duration of the revolutionary war OF the United
States 10 effort for the subjugaton of Texas has
been made by Mexico from the time of the battle
OF San Jacnto, on the 2lst day OF April lS36 until
the commencement OF the present year, and, during
all tins PERIOD Texas has maintained independent
Government, carried on commerce. and made trea- |
ties with nations in both hemispheres, and kept aooi
all attempts at invading her territory If, under |
these circumstances, any citizen OF the United States,
in whose behalf this Government has right on any
account or to any extent to interfere, should on d |
charge OF having been found with an armed Texan
force acting in hostility to Mexico, be brought to
trial and punished as for violation of the municipal