The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-06-23
Mr.. Ellis to Mr.. dc Broeanegra.

Envoy Extraordinary and Minister
flenpotentiary of the United States
Mr.. Ellis TO Mr. dc Brocanegra
LEGATION OF THE u s. OF AMERICA,
MEXICO, Oath February, 1872
The undersigned, Envoy Extraordinary and Minis
ter Plenpolentiary of the United States of America
has the honor acknowledge he receipt, on the 22d
instant, of the note under date of the ioth which
his ExcelIency, Jose M. dc Bocanegra, Minister of
Foreign Relations and Government, addressed him in
reply to his note of the l4h of this month in relation
TO the of Mr.. Kendall.
The undersigned avails himself Of this occasion to
correct error, doubt inadvertently fallen into
by his EIceency, Mr. de Bocanegra, when he says;
"And does not the Legation Of the United States
tell US that this individual Mr. Kendall was of
the courers sent on in advance of the invadrs ;"
The undersigned is not aware of having made any
such statement but, the contrary in reply to the
note ofhis Excelency, Mr. de Bocanegra referring TO
extracts of anonymous pieces published in the papers
of the United States to establish the guilt OF Mr.
Kendall, he stated that-"It is with regret and sur
prise that the undersigned read in the note of his EI
cellency, Mr. de Bocanegra, this aus N to an ano-
| nymous publication in one of the Gazettes of the
United States, evidence of Mr.. kendall's guilt.
Can ii be supposed for single moment that Govern
men entertaining proper respect for its dignity and
rights will permit such things to influence question
IN which the liberty OF one Of It's cllzers Is involved
Surely not Such an eIpedlent cannot be reSoIed to
| with the sanction of either precedent principle
| among nations. The doctrine is wholly ndefens
ble. After this strong protest which Is now reite
| rated) against the entire inadmissibty of such tes
timony the undersigned proceeded to remark that if
it was to be made evidence by this Government
against The party accused, by well understood pin
cipe of law he entitled to the full benefit of such
portions in his favor" and he further proceeded
to make correct quotation of the publication alluded
to by Mr.. de Bocancgra, with view to show that If
the whole context of the article mparally taken
into consideration, it, undoubtedly ought to be, it,
SO far from proving hostility the part of Mr. Ken
dali against Mexico, went conclusvey to establish
his pacific character 1t will thus be that this
Quotation used for purposes of argument in reply
to his Excellency Mr.. de Bocanegra's note and not
| as statement fom which an inference can be drawn
| to nculpate Mr.. Kendall. 1.-THE objections made
former occasion, to the illegay of such testimony
be well founded, with how much less proprety
be urged by his Exceency, Mr. de Bocanegra, shat
the Publication made in paper of which Mr.. Ken
dali is editor, inserted by his co-worker, who speak
ing nationally, we ought to consider Unidentified in
principle and personal affections with his partner,
con ession that MIR. Kendall did not come with the
invaders acting Indifferent and passive part" If
such principle is to be acted and sustained by
the sanction and usages of nations, all the well
known and well acknowledged principles of nterna-
tonal law governing the civilized world in its in
tercourse will be overturned and destroyed and every
man going beyond the limits of his own country will
be subject to the arbitrary will and caprice of those
who for the time being may be placed at the head of
the Government. The partner of Mr. Kendall was
in this capital few days since. 1t is not alleged that
he has offended against the existing laws of this
try; yet the anonymous publications admit, into
his paper where the press free TO be seriously
insisted on competent evidence of Mr. Kendas
hostile views against Mexico although it cannot
be denied she absent from the United States
than months before the alleged criminal pub
locations inserted In his paper By this doctrine
the of an individual in the United States are
made to convict citizen of high offence, who, flom
kn,,o ~ Il x.tzI
the act for which he is made responsible. The un-
designed cannot but believe that his Excellency, Mr.
de Bocanegra, WILL upon reflection the wretched
consequences to which such a mode of proceeding
will Carry in the investigation of this case, it
will lead to the establishment OF principle no less
odious than unjust in the estimation Of all the
frightened public tribunals of justice throughout the
world.
In regard to the extent of protection to which Mr.
Kendall is entitled under the passport granted him by
the Mexican Consul in New Orleans, the undersign-
ed add nothing to what he has said upon the sub
jec in the notes he has already addressed his Excel
lency That passports given to indicate national
character and afford protection there can be nodoubt
and especially is the right to that protection the
stronger when the document emanates from the Gov
eminent of the country itself wherein its possessor
purposes either to travel or sojourn Nor does the
undersigned believe, for moment, that the fact of
Mr.. kendalls having merely travelled in company
with, and under the protection of Texans, through
wild country and bands of hostile Indians with the
laudabe purpose of gaining information can invali-
date his passport. He presents himself, the moment
he arrives in this country, peacefully he manfess
no belligerent intentions; he is in way identified
with hostile invaders; and he proves his nationality
to the Commandant of New Mexico, by an attesta-
ton in writing under the hand and seal of Mexi-
can functionary In these acts, and in this conduct
there is, surely, evidence of malice OF ill-will
against Mexico sufficient to destroy even to faint
the sanction of his passport, and ne is, therefore,
fully entitled to liberty and protection under its
Government.
In addition to this, the undersigned will remark
that he has with surprise the fact that Mr. Fal
coner British subject, situated precisely as Mr.
Kendall was, protected also, by passport issued by
the Mexican Consul at New Orleans and iourneying
like him, with the Santa Fe expedition, only as a
tourist, was Immediately released by this Govern
ment upon his arrival in this city. Why this dis
tinction is made between subject of the Queen of
England and citizen of the United States of Ameri-
ca, the undersigned is at loss to imagine especially
when both, if in fault, equally cupable 1t will
be for the Government of the undersigned to take
this circumstance, together with the nfracon of the
safeguard of consular passport into full considera-
ton; and it is the more serious, it seems to be
fragrant disregard Of that international courtesy
which be the only ground of peace and friendship
between the Republics of Mexico and of the United
States.
The undersigned finds himself obliged to regret
that in the answer which his Excellency Mr.. de Be-
canegra has given to his last note the question as to
Mr.. Kendall's final release is yet unsettled 1t is said
that upon the receipt of the testimony from the Mex
lean authorities, those documents and such as have
been heretofore transmitted by the undersigned are
to be taken into consideration by the most excellent
the Provisional President of this Republic. This
would leave the matter in the same situation in which
twas commenced, without nearing conclusion, and
as subject for future correspondence. AS the I'M
dersigned believes he would thus fail in his duty to the
wishes of the Government he represents, he must
protest against the doctrine that American citizen
is to be detained because Mexican Consul has failed
to perform his duty of sending the record of a pass
port issued more than nine months ago--and adhere
to his original demand for the immediate and uncon-
dit al raIo IF Mr.