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

beigeyent purposes, raises presumption Of hostile
character In many cases, and especially in regard To
European in modern times, il might be difficult
repel the force of this presumption. Ii is still how
eveI but presumption because il is nevertheless
true that may be found in arms with no hostile
intentions lie may have assumed arms for other
purposes and may assert pacific character with
which, the fact of his being or less armed, would
be entirely consistent. In former and less civilized
ages, cases of this sort existed, without number in
European society. When the peace of communities
less firmly established by efficient laws, and when
therefore, often travelled armed for their own de-
fence; or when individuals being armed according to
the fashion of the age yet often journeyed under the
protection of military escorts, or bodies OF soldiers the
possession of evidence of hostile charac-
ter circumstances of the times sufficiently explain
ing such appearances consistently with pacific inten
tons. And circumstances of the country may repel
the presumption of hostility well as circumstances
of the times, the manners of particular age The
Texan expedition 10 Santa Fe, in trayersng the vast
plains between the place from which 1t sci out and hat
point, to pass through region which no one
thinks Of entering and crossing without arms for
whatever purpose, or with whatever intent, he may
undertake such enterprise II he be hunter, he is
armed; if trader, he Is armed and, usually, traders
90 considerable bodies, that they may be tie better
able to defend themselves against the roaming savage
tribes constantly met with in those extensive plains.
1t is not uncommon, indee1 that, f,r their better de-
fence companies of traders retain the service of
at arms who maintain military order and array along
the line of their march. When such bodies are met
with in countries usually raversed by them, infer
from the circumstance OF Their being arm
ed Of any intention, their part of using such arms
for any purpose but that of defence Ii tourists or
persons wearing any other similar but equally pacific
character, set forth on such journey they are sllll
armed armed for subsistence well as io defence
The fact, therefore, Of being found in such coun
try with arms does not prove belligercnt or
hostile character; since nobody, however pcacca-
BILE, is found there without arms. IT, there
fore individuals armed only according to the custom
of the country, but having no hostile purposes of
their own and free from all military authority or
employment, fall in with or follow, the march of
troops proceeding towards point of attack, these
individuals not eombaants, and not subject to be
taken and treated as pr soners These considera-
tons may be applied to those citizens of the United
States for whose release from Imprisonment the in
terposton of this Government has been requested.
One of those citizens is George Wilkins Kendall
Mr.. Kendall is man of letters, highly respectable
citizen of New Orleans and was the editor of lite
rary publication carried on at that place He was
fond OF travel at those seasons OF the year when
persons who are able, leave the city and having, in
previous tours, made himself acquainted with all
parts of his own country, and earnlng early in the
spring of 1871 that TRADING expedition would
start from Texas to Santa Fe about the first of Nav
he resolved on joining IT, as pleasure excursion Of
novel and interesting character His departure and
his intentions were ublcly announced in the paper
ting forth. His object was declared to be to take a
personal glance over this broad expanse of country,
and thus spending the summer, to return either by
Missouri or by the way of lower Mexico by the su-
al time when citizens return to New Orleans for the
fall business. The expedition, though having mill
tary equipment, was represented to him as entirely
commercial in its character, its object being, as was
asserted, 10 turn the rich Chlhuahua trade into the
Texan channel MIR. Kendall was no soldier, no re-
evolutionary adventures but man of respectable
connexions engaged IN prosperous business, and fond
OF the enjoyments of intellectual and social life 1t
is hardly possible that such gentleman should have
left such condition to form part of military expe-
ditlon subcctng himself to all its hazards and all lis
results, IN an attempt to subjugate by force If
a Mexican province five hundred or a thousand miles
from his home and his connexions
Before leaving New Orleans, he obtained a pass
port from the Mexican Vice Consul at that CITY
This fact although II appears to have been denied
proved by the testimony of Mr.. Faconer and MIR
Van Ness. They can hardly be mistaken but furher
evidence on this point may probably be in your pos
session before you receive this despatch. He armed
himself before leaving home, any other person
OF however pacific character would arm himself for
such tour Such was Mr.. kendal's character
such his objects, and such the circumstances under
which he joined the Inflated expedition
Several other prisoners appear, from the circum-
stances to have been as little engaged in any hostile
design as Mr.. Kendall John rompkins is repre-
sented to be citizen Of the United States, from
Green county, Illinois, where his family, consisting
Of wife and FIVE children still reside He is sad
der by trade, but left the United States with mer-
chandse for Texas Just in time to Join the expedition
to Santa Fee His health was delicate and his object
was to improve it, to dispose Of his merchandise for
dcrayng his expenses, and to return to the place of
his abode by the way of St Louis
David Snlvcly IS man somewhat advanced in life,
who belongs 10 the State of Ohio where he has
wife and several children He went with the expe-
dtlon as trader, and had a considerable amount of
merchandise with him.
II X. Buchanan, of Tennessee, went also trader,
and took with hun property of value which was
taken from HIM. He had arrived i'll Texas only a
month before the expedition set out and accompa-
MED 1t, with his own pack mules and servant.
L. Is. Sheldon IS member of the Mississippi bar,
who accompanied the expedition as a traveller only
He had with him small amount in merchandise,
from the sale of which he expected to defray his
travelling expenses. He had gone to Texas in March
lS4l, on business which he presumed would not de-
tam him longer than two months; but he subsequent
y resolved to JON the expedition for the purpose
above mentioned.
rwo PERSONS by the name of Howard were among
TIE caPtlves naliNes Of and residents IN tins city OF
its ncghborhood. They represented as uaders
who had with them merchandise to the amount OF
eight or ten thousand Collars.
Thomas 5 Terry, of Hartford in Connecticut is
believed to have gone to Texas in December, 1910,
and being trader Joined the expedition as an escort
for protection against the Indians, or other freeaoo-
ers, lie did not intend to return to Texas but to
trade at Sante Fe, and between that place and st.
LOUIS.
The circumstances Of others who have applied for
the interposon of this Government less precisely
known. Whatever evidence may be in this Depart
mcnt, or shall be received hereafter respecting them
wll be forwarded to you
demand for Mr. KendalIs release from conffne-
ment as wella that Of Others under equally limo.
cent circumstances, has been made by the Minister
of the United States at Mexico and you will see the
correspondence between that Minister and the Mexi
can Secretary of State. That CORE, pondence, as
you VIII observe, is principally confined TO the of
Mr.. Kendall.
The Mexican Secretary objects to his release from
confinement, because he united with the invading
enemies of that country, in whose company he was
taken, and under whose protection he was journey
ing and because the entrance of foreigners into
Mexico by the Texan frontier, being prohibited by