The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-06-18
.Mr. Webster 10 NJ. Ems.


Mr. Webster 10 Mr.. Ellis.
DEPARTMENT OF STATE,
Washington, 26th 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 of this Government has
been requested in behalf of Warren d. Haughton, OF
Massachusetts, Ratclif Hudson Albert Goodwin,
Geo. Barnard, junior, and Mr.. -- Kimball, OF
Connecticut; Charles q. Willis, of New York John
Holiday, of Pennsylvania John ID. McAister, of
Tennessee, and Thomas ). Lubbock, of South Caro-
lina all OF whom represented TO have gone with
the Texan expedition to Santa Fe.
If, upon proper inquiry, you shall be satisfied that
all or any of these persons citizens of the United
purpose of enjoying It's protection whilst exploring
the wilderness, through which its principally
lay, and had no hostile designs against Mexico you
will officially demand their release as they cannot
justly be considered as prisoners of If, how
ever, they 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 inditfrr.
ence any derelcton 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 sucI Calainlty Ilau cast Wltnln
You VIII consequently II there should he occasion
for it, exposuate orally with the Minister for Fo-
reign Affairs upon this subject You will say that,
considering the state of open hostilites 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 under
Stood the terms of the captuation of the Santa Fe
expedition were violated by the Mexican officers; IT,
without probable cause to fear that they would es-
cape, the prisoners have been manacled and have
been employed IN mental and ignominous 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 s
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 TO be treated accordingly AL
though the question Of detention or liberation is one
affecting the interest of the captor alone and there
fore one with which no other Government ought to
interfere in any way yet the right to detain by no
means implies the right to dispose of the prisoners at
the pleasure of the captor. That right involves GER
tam dutles-amang them, that of providing the pr-
soners with the necessares OF life, and absainlng
from the infection of any punishment upon them
which they may not have merited by an offence
against the laws of the country siuce they were IA
KEN II the Mexican Government should nave Al
lowed and should continue to allow the Texan PR
soners TO suffer for want of the necessarles of life
II will next be the duty of the Texan Government to
provide for their subsistence. If, 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
cessarles 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
jec of this is that innocent citizens of the United
States be not left to suffer for want of the absolute
necessaries of life, during the period which may
eapse before their friends can succor them
am, sir, your obedient servant,
DANIEL WEBSTER.
To PowHATAN ELLIS, Esq,
Envoy Extraordinary and Minister
Plenpoteniary the United States, Mexico.