The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-06-18


modern nations lis true that the aca of having been
found in arms with others admitted h be armed for
belgerent purposes, raises PRESUMPTION Of hostile
character In many cases. and especially in regard to
European wars in modern times, it night be difficult
repel the force of this presumption. 1t is still how
ever, but presumption because it is nevertheless
true that may be found in arma with hostile
Intentions. He may have assumed arms for other
purposes, and may assert pacific character, with
which, the fact of his being Ies armed, would
be entirely consistent. In former AMI less civilized
ages, of this sort existed without number, IN
European society. When the peace Of communities
less firmly established by efficient avs and when,
therefore, often travelled armed fir their de-
fence or when individuals being armed according to
the fashion of the age, yet often ouraeyed under the
protection of military escorts, bodice 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 circumstances
of the times, the manners of particular age. The
Texan expedition TO Santa Fe, in traversng the vast
plains between the place from which il set and that
point, to pass through region which one
thinks of entering and crossing without arms for
whatever purpose, or with whatever intent, he may
undertake such enterprise If he be hunter, he is
armed; if trader, he is armed; and usually traders
60 considerable bodies that they may be the better
able defend themselves against the roaming savage
tribes constantly met with in those extensive plains
1t is not uncommon, indeed that for 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 traversed by them, infer
arises from the circumstance OF their being arm
ed of any intention their part OF using such arms
for any purpose but that of defence If tourists, or
persons wearing any other similar but equally pacific
character, set forth such journey, they slili
armed armed for subsistence We'll as for defence
The fact, therefore, of being found in such
try with arms, does not Prove belligerent or
hostile character since nobody, however peacea-
BILE, is found there without arms. If, 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 combaants, and not subject to be
taken and treated prisoners These considera-
tions may be applied to those citizens of the United
States for whose release from Imprisonment the in
terposition 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 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 learning early in the
spring of l84l, that a TRADING expedition would
start from Texas to Santa Fe about the first of May
he resolved on joining it, pleasure excursion of
novel and interesting character. His departure and
his intentions were publicly announced in the paper
with which he concerned at the time of his set
ting forth. His object 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
al time when citizens return to New Orleans for the
fall business The expedition, though having mill
tary equipment, was represented to him entirely
commercial in its character its object being as was
asserted to turn the rich Chihuahua trade into the
Texan channel. Mr.. Kendall was no soldier, no re-
evolutionary adventurer; but a 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-
dition subecng himself to all its hazards and all its
results, in attempt to subjugate by force nf
Mexican province five hundred or a thousand miles
from his home and his connexions
Before leaving New Orleans, he obtained pass
port from the Mexican Vice Consul at that city.
This fact, although it appears to have been Denied
proved by the testimony of MIR. Falconer and Mr..
Van Ness. They can hardly be mistaken; but further
evidence on this point may probably be in your pos
session before you receive this despatch. He armed
himself before leaving home, as any other person
of however pacific character would arm himself for
such tour. Such Mr.. Kendalps character,
such his objects, and such the circumstances under
which he joined the Inflated expedition.
Several other prisoners appear, from the crcum-
stances, to have been little engaged in any hostile
design as Mr.. Kendall. John Tompkns 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
dler by trade, but left the United States with mer-
chandise for Texas just in time to join the expedition
to Santa Fe. His health delicate, and his object
was to improve it, to dispose Of his merchandise for
defrayng his expenses and to return to the place OF
his abode by the way of St Louis.
David Snivey is man somewhat advanced in life
who belongs TO the State of Ohio where he has a
wife and several children He went with the expe-
dition as trader and had considerable amount OF
merchandise with him.
H. r. Buchanan, of Tennessee, went also trader
and took with him property of value, which was
taken from him. He had arrived in Texas only a
month before the Apedition set out, and accompa-
MED it, with his own pack mules and a servant.
l.. B. Sheldon is a member of the Mississippi bar
who accompanied the expedition as 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
1S4l, on business which ne presumed would not de-
tain him longer than two months but he subsequent
ly resolved to join the expedition for the purpose
above mentioned
Two persons by the name of Howard were among
the captives natives of and residents in this city OF
its ne ghborhood. They represented as uaders
who had with them merchandise to the amount o
eight ten thousand dollars
Thomas s. Terry, of Hartford, in Connecticut, is
believed to have gone 10 Texas in December 1910
and being trader Joined the expedition as an escort
fer protection against the Indians, other freeboo
ers. He 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 fol
the interpostion of this Government less precisely
known. Whatever evidence may be in this Depart.
ment, shall be received hereafter respecting them
will be forwarded to you
A demand for Mr.. Kendall's release from confine
ment, well as that of others under equally inno-
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 spondence as
you will observe is principally confined to the case OF
Mr. Kendall
he MaxIcan Sacroax.z ob;aeta