The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-06-21
MEXICAN CORRESPONDENCE.
CONTINUED.
Mr.. de BOe9legra to Mr.. Ellis.

NATIONAL PALACE Mexico,
February 8, 1872
The undersigned, Minister of Foreign helsilohs
and of Government has received the no'e wh1n, uh'
Extraordinary and Minister PlenipoenIlary OF the
United States of America has been pleased 10 adj
dress TO him, relative 10 sundry prisoners maze al
Santa Fe in New Mexico upon the occasion OF the
expeddon of the Texan adventures upon that De-
partment, in which he requests, in the name OF his
Government that MIR. Kendall may be set at liberty,
and stating that John c. Howard, J b. Houghtaillng
and the others who are said to have gone as traders
with the expedition, had not forfeited the prolec-
ton of their Government violated the laws Of
Mexico.
His Excellency the Provisional President and the
undersigned, his organ, would like to grauiy al
the wishes OF the Government OF the United
States ard of their Minister in Mexico, and that Mr.
Kendall should be released Tequested but tins pc
cuar offers such difficulties in It's own nature
aud through the circumstances which are alleged by
the party himself interested, that if they were pre-
scented to the Government of the United States, they
would be viewed in the light they are by that
of Mexico.
1t is necessary, then, to stop to examine men,
without forgetting the circumstances OF his coming
is proved, or those which may be urged IN eAtenu
alton thereof. The undersigned presents II 10 ms
Exec ency MIR Powhatan Ellis, under such an as
pect he would saw that he considers MIR. Kendall as
united with the invading enemies of Mexlcoi that he
taken in their company, travelling under lhelr
protection and that the introduction OF foreigners
BY the Texan frontier being prohibited, even when
they travel alone, this prohibition ought be more
strict and severe when their entrance takes place or
has taken place by the side of men at arms, coming
to invade the country The measure adopted TO re-
pei the frequent appearance OF unknown men on that
line was communicated by this office TO the lliplo-
matte body on the 18th of February, lS40 and no
doubt obtained the necessary publicity IN the several
nations friendly to this Republic. MIR. Kendall, on
setting out for Mexico, infrnged it, with asgrayating
circumstances. That measure was deemed sufhcient
and necessary to restrain the abuses spoken OF, was
dictated by the safety of the Republic, and Mexico is
pleased learn, from Mr. Ellis himself that his Co
yernment will not attempt 10 screen from merlted
punishment any of its citizens who may be guilty oil
an nfraction of the laws intended to preserve neutral
relations nor anything else TO be expected from
Il Just and enlightened Government
Nevertheless the case of this individual is sup
posed to be special one, because he left New Or
leans under the protection of Mexican passport, TO
visit the republic which document was destroyed by an
officer. If MIR Ellis speak of an event which
took place in his presence the question would be set
tied for the Supreme Government would rely u on the
authenticity and credit which ought to be allowed to
person in his station, especially in communications
of this sort: but the peculiar circumstances refer
red to, proceed from the party Interested the ST.
preme, Government has issued the most percmptory
orders, both that the Mexican Consul should report
respecting the said passport and that the Comman-
dant General of New Mexico do the same in regard
to the destruction OF that document. Neither has
the former functlonary stated that he issued it Mr.
Kendall, nor has General Don Manuel Arnijo APP
prised the Government of the act OF the officer If
such had been the case his Excelency the Provision
al President would act pursuant to his powers taking
into consideration the application OF Mr. Ellis, the
Minister Penipotentiary to whom the undersigned
addresses himself.
If these circumstances which favor Mr.. Kendall
are confirmed, the Supreme Government will pro-
coed at once to deliver him to the Legation of the
United States of America; but finding itself surround
ed now by difficulties, which the special case offers,
it regrets that it cannot fulfil the desires expressed
by his Excellency Mr. Ellis and offers to do that
Wy which has already been referred to- for the pur-
pose of ascertainng the facts.
As to John G. Howard and the others who have
claimed the protection of their government, alleging
that they accompanied the expedition as traders,
theirs also is "a special case, Uut his EXcellency the
Envoy Extraordinary and Minister Plenipotentary of
the United States of America, will allow me to say,
that those persons ought to have known the risk which
they were about to run by entering the Republic at a
prohibited point; that their entrance there without
formal passports transgresslon of our laws re-
latiye to foreigners that their junction with armed
men, enemies to Mexico and having hostile designs,
was powerful rational and just reason to consider
them also as enemies, if they had not been gull
ty of a breach of police laws. If they came to
trade and if their journey was not military one,
those are circumstances which qualify the act, but
they are not relieved from the onuS probandi. The
IS
npon themselves and which they ought to fulfil mas
much as their own interests require ii, which the Go
yernment will know how to consider and appreciate,
giving them the value which they deserve.
II is well that MIR. Kendall and the others accom- :
named the invaders of New Mexico with the inten-
lions which have been mentioned that they were not
DESTROYS of cooperating directly with the Texan adj
yentrers: but the excuse of the first consisting of
single fact, which is yet to be ascertaned, the SUI
preme Government, in conformity to the wishes of
H.. -hAtn lie nplt 70 h,. -.
ernment has given the necessary orders for that pur
nose As to John G. Howard and the Others the I'M
dersigned repeats that the burden of proof lies upon
them
At the same time that his Excellency the Provi-
siona President desires to show his benevolent senti-
ments towards the Government of the United States
of America, and its subjects he is panied at meeting
with the embarrassments and difficulties which or-
currences like the present Offer wherein, on the
hand are TO be weighed the consideration and comfy
due to friendly nation, relations with which it
is desirable to tighten more and MORE and on the
other obligations which ought to be well and fully
discharged One OF them is to watch over the honor
dignity and sovereignty Of the nation, whose preserv-
alton IS the first and most sacred OF his duties for
which he can exercise his powers when so great an
interest is at stake
Nevertheless led by the impulses of his heart al
ways inclined to lcnity and benevolence, his Excel
lency the President has, of his accord placed at
the disposal of his EXcellency the Minister of the
United States of America George Van Ness and
Combs prisoners also taken at Santa Fe being actu-
ated solely by his sentiments of humanity and in
consideration of their youth and of the families to
which they belong, thereby mitigating the grief which
the fate OF their would otherwise have OCCASION
ed them. This act is the best proof which the un.
dersigned offer oil the sentiments oil Ills Excel
lency the President.
With regard to prisoners who are sick, the proper
measures have been and will be taken. The under
signed can and ought to assure his Excellency, Mr.
Powhatan Ellis that as to them, whatever is demand
ed by humanity and the law of nations be
and exterior safety of the territory which has been
confded to it.