The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-06-25


state sill remain, without knowing when | shall
enjoy the liberty to which entitled, to enable me
to attend TO my business which is necessary to mann
tain numerous family with that decency they merit,
and who are looking up to an only support.
would observe to your EXcelIency, that If am de-
tanned here much longer, total ruin OF my Interests
and my health must ensue unavoidably, and l would
merely add that have lived 10 years in this Repub
lic and during the whole Of this time, my CON
duct has been above reproach, Notwithstanding the
many and heavy misor,unes that have attended me-
Your Exceency will observe that in the foregoing
marathon have confined myself principally to The
simple facts of my Permit now to close,
with few explanatory remarks and differences, by
which you will perceive that my objectionable crime
and the height of my offence the eyes of this Gov
eminent, is the fact that am American citizen
though glory to be citizen of country whose Gov
eminent is a Government of the people, and whose
humblest citizens secured in their Just rights and
dare invoke It's benign protection.
1t Is not my desire, even were 1t In my power, TO
widen the breach which unhappily appears to be open
ing between this Republic and ours through misrep-
RESERVATIONS and mistaken ideas OF the authorities Of
tins country; but, in The sincerity of my heart, 1t
would be my wish to close the rent and IL allay this
portenteus luminosity.
But when gross in ustice is inflicted on my per-
sou, and my liberty taken from me- when my inte-
rests and health are on the brink of ruin, by arbla-
ry and inconsiderate acts of this Government under
frivolous and unjust pre'ences, by which want and
misery must be inevitably entalled on wife and help
less children-uness am promptly rishted-n is a
solemn duty which owe not only to myself, but to
this afflicted and deeply Interested family, to throw
mysei. under the protection OF the representative OF
my nation, though am sensible OF the obstacles
which he will have to encounter, not on the ground
of any want of justice my side, but from the blind
prejudtcs and the torpid proceedings of the au,hor
ties of Government, whose only fort Is equivoca
ton and procrastination carried on under the spe-
cious name of legal process and conformity to the
laws, and whenever convenience requires they never
ail TO dstort from their true INTENT meaning and APP
plication their well ascertained maxims to give the
appearance of authority to their most illegal and
bitrary acts.
Your E1cellency will observe that every thing
has been done my part in order to avoid the ne
cessiiy Of making this application, being satisfied
that the justice of my plain that she who
runs might read" 1 therefore had good reason
pect that TIE affair would have been speedily and ia.
vorably determined; but it would appear that they
are determined to make mountain out of mole HILL
and to construe innocent act, dedicated only by
sense of humanity, into great and premedltated
crime, that il was the attempt my part to furnish
the prisoners at ST. lago with the means of escape,
from the petty circumstance of finding amongst the
things few pieces of rope and strips of leather not
wthstanding the precautionary measures taken by me
by insisting the bundles being opened by the Off
of the guard and subj ected to their examination,
before they should be passed into the prisoners apart
ment. If these ropes and feathers had even passed
i
they could Have been them in Of attempt
escape but presume from the situation of the apart
men,s In which they are confined, (Which are on the
ground foor) they could be of service to them for
such purpose, and if such like assistance could be
OF use to them in an occurrence of that kind, they
could amply supply themselves from the materials in
their possession, without being exposed to the risk of
introducing them from without.
From the first day of my arrest, many of my kind
friends have exerted themselves in my behalf and
I,pa in hair tn typf my
leased from this unjust onfinemenl-oferlng ample
security for my appearance whenever it might be
gu red This has been repeatedly solicited, both from
the Commandant General and the Auditor" Don
Manuel Zozayu, and often peremptorily refused,
giving me and my friends to understand that move
ment whatever could be made on my pant until they
had returns from Vera Cruz respecting the persons
who delivered me the bundles in question, and after
whom they had sent "erhorto" to that place,
account of this affair. This ''erh0rto" was inform
ed, left this city by the Diligence the I'd instant !;
an answer to which ought 10 have been returned on
the 9th and although it is the 18th, am told
reply has yet been received But even in this UNI
easy and uncertain state of suspense, would still
have remained, with gimmer Of hope to support me,
under the impression that one or two days could not
pass without the reception of the desired answer had
it been that this day the "Daro del Goberno" of
the llth inst. accidentally into my possession,
by which perceive, from the report of the captain OF
the Post of Vera Cruz published therein that MessIs
| Laurence, johnson and Guilton, (the persons for
whom the "erhorto' sent at Vera Cruz, in refe-
my case) had sailed from that port the %
instant in the pilot boat William Byan-and still the
AUTHORIZES here who have cognizance of my case, pre-
tend they have answer In regard TO the "erh0rtO
sent after those gentlemen am, therefore, under the
impression that this is only subterfuge, 10 which
they resort in order to delay the termination of my
cause, and prevent me from being heard in my de-
fence. In the meantime am forced to lay dormant in
prison. and not permitted 10 take single step in vim
dication of myself; and unless your E1celency will
be pleased to your official interposiion my be-
half, (Which have assurance from you will be done
whenever application is made may be kept here un.
der this msy pretext, long as the authorities OF
! this Government may deem n.
In conclusion, | will observe, that from the COM
mencement of my arrest, have offered witnesses to
coroborate my innocence but this has been refused
me under the pretext that nothing further could be
done until the Commandant Genel al received an an
from Vera Cruz in respect to the "crh0rtO, yet
this is the fifteenth day of my solitary imprisonment
and am panied say not the least advance has been
made in the progress OF my cause. therefore see no
alternative but to invoke the protection of your tx
ceIlency under the fullest confidence that my petition
will be heard and seasonable measures taken for my
! relief
| have the honor to be,
| With great respect,
| Your obedient servant,
| JOHN TOGNO.
To His Excellency, PowHArAN ELLIS, Envoy Extra
! ordinary and Minister Pienpotenliary of the Uni
| ted States of America the Mexican Govern
| ment.
| Mr.. Ellis to Mr.. de Bocanegra
LEGATION OF THE u S. OF AMERICA,
| MEXICO, March 18th, 1912.
The undersigned, Envoy Extraordinary and Minis
ter Penipotentlary of the United States Of America,
represents to His Exceency, Mr.. de Bocanegra that
| on Friday the 25h of last month"; several American
gentlemen then about to leave this capital sent to the
shop of John Togno in the Gale de Refugo, three
bundles, their contents puTpoting to be clothes for
the Texan prisoners confined in the convent of st
Iago, accompanied with the request to that person
to have them to the prisoners at the earliest op
portunity. On the succeeding Sunday in compliance