The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-06-23
Mr.. Elis TO Mr.. de Brocanegra.

The undersigned, Envoy Extraordinary anu wilma
Plenpoteniiary OF the United States oil America,
has the honor acknowledge The receipt, on the "a
instant, of the note under date oil the ioth wh'cn
his Excellency, Jose M de Bocanegra, MINISTER o.
Foreign Relations and Government, addressed Nun IN
reply his of the 4h OF this month IN ieis'oh
TO the of Mr.. Kendall.
The undersigned avails himself Of this occasion to
correct error, doubt Inadvertently, fallen mo
by his Exceency, Mr.. de Bocanegra when he says
IA nd does not the Legation of the United States
tell US that this Individual Mr. Kendall was one OF
the courers sent in. advance oil the invadrs Z!
The undersigned is not aware of having made any
such statement, but the contrary in reply to the
note his Excellency Mr. de Bocanegra, referring TO
extracts of anonymous pieces published IN The papers
of the Unted States To establis h the guilt OF Mr.
Kendall he stated that--:'lt Is with regret and sur
prise that the undersigned read in the note OF his Ex-
ceency, Mr.. de Bocanegra this allusi n TO an ano-
nymous publication in one OF the Gazettes OF me
u nited Stltes evidence of Mr.. hendals guiil.
Can il he supposed for single moment that Govern
ment entertaining proper respect for us dignity ana
rights, will permit such thugs 10 Influence question
ia which the liberty of one OF us cluzei Is Involved
Surely not. Suc an expedent cannot be resoltei to
with the sanction of either precedent or principle
among nations. The doctrine Is wholly indeiensi-
ble." After this strong protest which Is now rene
raed) against the entire mad nisbity oil such tes-
tlmony the undersigned proceeded to remark THAT II
It was To be made evidence by this Government
against the party accused, by well understood pm
cipe of w he entitled to the full beneh OF such
portions his favor and he further proceeded
to make correct quotation OF the publication alluded
to by Mr.. de BocanrgIa, with view To show that ii
the whole context of the article was mparally taken
into consideration, il, undoubtedly ought To be, It,
far from proving hostility on the part OF Mr. Ken
dali against Mexico, went concluslvey To establish
his pacific character Ii will thus be seen that this
quotation used for purposes of rgunent in reply
to his Excelency, MIR. de Bucanegras note, and not
a statement rom which Inference can be drawn
10 incupate Mr.. Kendall. 1.-THE objections made on
former occasion, to the illegay OF such testimony
be we'll founded with how much less proprety can II
be urged by his Exceency, Mr. de Bocanegra, that
the bication made IN paper OF which Mr.. hen-
dali editor, inserted by his co-workef, who speak
ing nationally, we ought to consider Undermined Ia
principle personal affections with his partner, is
con ession that Mr. Kendall did with the
invaders acting indifferent and passive part" II
such principle Is to be acted on and sustained by
the sanction and usages of nations, all the well
known and Well knowledged principles OF nerna-
ona law governing the civilized world in It's IN
tercourse will be overturned and destroyed and every
man gong beyond the limits of his own country Will
he subject the arbitrary will and caprice of those
who for the lime being may be placed at the head Of
the Government The partner OF Mr.. Kendall was
in this capital few days since It's mol alleged that
he has offended against the ext ting laws of this coun
try; yet the anonymous publications admit d INTO
his paper (where he press is ree) to be seriously
insisted competent evidence of Mr.. kenualts
hostile views against Mexico, although 1t cannot
be denied she was absent from the U nted States
more than months before the alleged criminal pub
caons were inserted IN his paper BY this doctrine
the acts of an individual in the United States
made TO convict citizen of high ofience, who fiom
his peculiar situation, could have had knowledge of
the act for whch he is made responsible The un-
dersig cannot but believe that his Excellency Mr.
de Bocanegra, will, upon reflection, see the wreched
consequences 10 which such mode of proceeding
will Try US in the investigation of this case, as It
will lead TO the establishment Of Principe no less
odious than unjust, in the estimation OF all the en-
ghtened public tribunals of justice throughout the
world. "A
In regard to the extent of protec ion to which Mr..
Kendall is entitled under the passport granted him by
the Mexican Consul in New Orleans, the undetsign-
ed add nothing to what he has said upon the sub
jet in the notes he has already addressed his Excel
and especially is the right to that p 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. kendall's having merely travelled in company
with, and under the protection of Texans, through
wild country and bands of hostile Indians with the
audable purpose of gaining information can nvali-
date his passport He presents himself the moment
he arrives in this country, peacefully he manifess
no beligerent intentions he is in no 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 Next
can functionary. In these acts, and in this conduct
there is, surely, evidence Of malice or ill-will
against Mexico sufficient to destroy even to faint
the sanction of his passport, and he is, therefore,
fully entitled to liberty and election under its
Government.
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 iourneyirg
like him. with the Santa Fe expedition, only as a
tourist, Immediately released by this Govern
ment upon his arrival in this city. Why this dis
nction is made between subject of the Queen of
England and citizen of the United States OF Amer-
ca the undersigned is at loss to imagine especially
when both, if in fault, are equally culpable IL will
be for the Government OF the undersigned to take
this circumstance, together with the nfraction of the
safeguard OF consular passport, into full consdera
ton and it is the more serious, it seems to be
fragrant disregard of that international courtesy
which can 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 Boz
canegra has given to his last note the question as to
Mr.. kendalls 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
oeen 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 situation in which
twas commenced, Mountaineering conclusion and
as subject for future spondence. AS the UNI
dersgned believes he would thus fail in his duty to the
wishes of the Government he represents he must
protest against the doctrine that an American citizen
is to be detained because Mexican Consul has fai ed
to perform his duty of sending the record Of pass
port issued more than nine months ago--and adhere
to his original demand for the immediate and uncon-
dltional release of Mr.. Kendall
1t is the design of the undersigned to despatch
special messenger for Washington by the diligence
which leaves tins city Sunday morning next and
he therefore, requests that he may be informed Of
the definite determination of the Mexican Govern
ment Should no answer be returned to the under
signed prior to that time, he will take il for granted
that the most excellent the Provisional President has
resolved not to release Mr.. Kendall and shall so in
form the Government of the United States