The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-06-21

nelghborhoOd OF Santa Re, leaving the Ieaf-Suaio,
with the wagons and artillery some two hundred miles
behind. Four five were then sent iofward W
announce the purpose of their mission to the authoi
ties, and to say that they had come more as menus
than that they wished to cultivate the acquaini
of their neighbors, and open commercial rela-
lions, and not to promote hostlllies VI these avaht
courers one Captain Lewis, and another Mr..
Kendall, editor Of the New Orleans Picayune.'
An "AvANT COURIER" is not Commissioner, (coIn-
misscnado,) To act IN the name OF the Texan GOV
ernmeni The two words are utterly distinct In their
meaning. The phrase "AvANT COURIER" clearly Sig
nifes that Mr. Kendall willing to be one of par
ty who would proceed into Mexico Two hundred miles
in advance of others for the purpose OF plainly lndcat
ing his peaceabe disposition, at the same time that ne
would thus be enabled pursue his projected Journey
without delay, under the protection and safeguard OF
the passport your Excellency Government, as here
toiore Indicated.
The impression herein conveyed is fully corrobora-
ted by publication in the New Orleans Plcay une OF
the 18th of May last which states that-OuI assocI-
ate, George w. Kendall left this city, N. Olleans)
yesterday in the steam ship New York, upon his pro-
jected summer excursion TO the Mexican interior lie
will join Immediately the expedition nov IN rapid pre-
paralion at Austin, from whence we shall hear from
him before his final departure. MIR. Kendall will visit
Santa Fe from whence his return will be by the
praries of Missouri, else, through lower Mexico,
and around home by the Gulf An excited desire to
take personal glance this broad section OF coun
try which is every day increasing in Importance and
ner of spending the summer, and, with ordinary ex-
petition he may be in N. Orleans again at the usual
time when citizens returning for the fall business
These circumstances sufficien. to absolve MI.
Kendall from all the sus. icions entertained that he
Was closely associated with expedition making
hostile Incursion into this country
This deduction being conclusive inference from
the premises the undersigned is led to the considera-
ton of the only and most Important fact connected
with this investigation and that is In regard to the
Mexican passport of Mr.. Kendall
In the note of Mr.. dc Bocanegra addressed to this
Legation the 9th instant, the undersigned was In
duced to believe that the most excellent the PrOvl-
sona President of the Republic had stated that Mr.
Kendall could produce his passport he would mnedi-
atey be placed the disposal of the American Minis
ter accredited near this Government.
1t was impossible TO produce this document for the
rea sons heretofore alleged In all such cases, when
the highest evidence of fact cannot be adduced by
reason of its detention loss, destruction, it
pei for the party to resort to the highest testl
mony to prove the point in condensation. This has
been done, and there be question that Mr.
Kendall received the Mexican passport from the Con-
sui in New Orleans. If that functionary issued it
contrary his instructions from this Government, it
is question between himself and the authority under
which he acted, and cannot affect the rights Of Mr.
Kendall who could not know whether that officer
was acting within the sphere of his duty. He could
doubt the legality OF his acts, as he was an officer
ecognsed by the President OF the United States to
| transact the public business with which he
| trusted.
The whole question then resolves itself into this
shall citizen of the u. States travelling in peace
BILE and friendly manner through this Republic, with
Mexican passport to protect him, be arrested,
deprived of the evidence of his citizenship, and de-
tanned close prisoner, upon an allegation OF hostility
to Mexico when there i, evidence support such
a charge?
of nations, and, if persisted in, must break off all
intercourse between freddy and neghboring
nations.
1t does not come within the personal knowledge of
the undersigned that MIR. Kendall had the passport
alluded to- but so far high and unmpeachabe tes-
mony can establish any fact, he has no hesitation in
stating that he believes it did exst-hat it has been
detained by his ExCellency the Governor of New
Mexico-and that MIR. Kendall never would have
been found within the limits of Mexico without such
safeguard to shield him from suspicion and Jury
From this view of the case, the undersigned trusts
that his Excellency the Provisional President of the
Republic will the corresponding orders to be
given for the liberation Of one who has been SO
| long suffering under an unjust imprisonment
In presenting this reiterated demand the release
of Mr.. Kendall, the undersigned expects final an
,wor, for which his messenger will be detained in
| Vera Cruz until he hears from the undersigned
by the post leaving this capital Friday morning
next
| The undersigned improves this opportunity to his
Excellency M. de Bocanegra, Minister of Foreign
Relations and Government, the expression of his
high esteem and distinguished consideration.
POWHATAN ELLIS
| To His Excellency
| JOSE MARIA DE BoCANEGRA,
Minister of Foreign Relations and Government
Mr. F'alconer to Mr. Ellis.
SIR: Mr.. Kendall joined the expedition at the city
of Austin guest. He not enrolled, and he
was not subject to military orders. frequently upon
the route, he showed the passport he had obtained
| from the Mexican Consul at New Orleans, which
clearly authorized him to enter Mexico by Santa Fe.
He with the party, consisting of four, who were
first captured. The of his being with this
party was that Col. Cooke anticipated difficulties,
and knowing that he had passport thought it would
enable him to remove from any of hostilities
that might occur. He on his route to Santa Fe.
When he reached that place he might and probably
would, have CONFIRMED to the law of Mexico, in
the aid his passport entitled him to by presenting