The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-06-18

during many days they had no food and on others
only TWO ears OF corn We're distributed 10 each man..
10 sustain life therefore, they were compelled 10 sell
on the way the few remnants OF clothing which their
captors had left them, but by seeking thus 10
their hunger, they increased the misery which they
already endured from exposuIe 10 the cold Most
dreadful OF all, however several of them disabled nv
sickness and suffering from keeping up with the OF
ers were deliberately shot without any provocalion-
Those who survived to their journeys end We're ma
ny of them afflicted with loalhsone disease and
those whose health was not broken down have been
treated, not the public law requires but in d man
ner harsh and vindcye and with degree of severi-
ty equal at least 10 that usually inflicted by the muni-
clpal codes of most civilized and Christian States up-
on the bases felons. Indeed they appear to have
been ranked with these being thrust into the same
dungeon with Mexican lnaleiactors, chained to them
in pairs, and when allowed to The light and breathe
the air of heaven, required compensation there
for, to labor beneath The lash OF task master upon
roads and public works of that country.
The Government of the United States has no in :
clinaton to interfere in the war between Mex.
CO and Texas for the benefit or protection
OF individuals, any further than It's clear do
ties require. But If citizens Of the United
States who have not renounced nor intended to re-
nounce, their allegiance to their own Government
nor have entered into the military service of any
other Government, have nevertheless been found so
connected with armed enemies OF Mexico as that
they may be lawfully captured and detained as pri-
soners OF war, it is still the duty of this Government
TO take so FAR concern IN their welfare as to see that
as prisoners of war; they treated according to the
usage of modern times and civilized states
Indeed although the rights or the safety of none of
their own citizens were concerned yet if In war wa
ged between two neghboring states the killing ensav-
log or cruelty treating OF prisoners should be INDUCED
The Unltld States would feel 1t to be their duty as
well As their right 10 demonstrate and to int rierc
against such departure from the principles of b-
manly and civilization These principles are com
mon principles essential alike to the welfare Of all
nations, and in the preservation of which all nations
have therefore rights and interests Butther duty 10
interfere becomes imperative in cases affecting their
own citizens
1t is, therefore, that the Government of the United
States protests against the hardshps and cruees to
which the Santa Fe prisoners have been subjected.
1t protests against this treatment in the name of h,-
mainly and the law of nations-n the name of all
Christian States--ln the name of civilization and the
spirit of the age-in the name of all Republlcs-in
the name OF liberty herself, eneebed and dishonor-
ed by all cruelty and all eXcessin the name Of and
for the honor Of tins whole hemisphere IT protests
emphat cally aud earnestly against practices belong
ing only to barbarous people IN barbarous times.
BY TIE well established rules Of national law pr-
soners Of war are not to be treated harshly, unless
personally guilty towards him who has them in his
power, for he should remember that they are men
and unfortunate
When ali enemy is conquered and submits, a great
soul orgets all resentment and is entirely filled with
compassion for him. This is the humane language of
the law of nations and this is the sentiment of high
honor among men, The law of war forbids the
wounding, killing mpressment INTO the troops Of the
country, or the ensaylng otherwise maltreating Of
prisoners Of toa unless they have been guilty of some
grave cline and from the obligation Of this law no
civilized State can discharge itself
Every nation, ON beng received at her own request
INTO the circle o. civilized Governments must I'M .
deisand that she not only atans rights Of sovereign
ty and the dignity OF national character but that she
hIt, Inr inl., ~, tl1f.. an,
of all those principles, laws and usages which have
obtained currency among civilized States and which
have lor their object the mt cation Of the miseries of
war.
No community can be allowed to enjoy the benefit
OF national character in modern times without sub
uniting to all the duties which that character i'm
poses. Christian people, who exercise sovereign
power, who make treaties, maintain diplomatic re-
atlons with other States and who should vet refuse
to conduct its military operations according to the
usages universally observed by such States, would
present character ngulary Inconsistent and anono.
Ious. E5~
inns Government will not hastily suppose that the
Mexican Republic VIII assume such character
There IS yet another very important element arising
out OF the facts of this case
lt IS asserted and believed that the surrender OF
some OF the persons connected with the expedition
was made upon specific terms which were inme-
diately violated by the local Mexican authorities
IL there IS one rule of the law of war more clear and
PeiehP'orN UTAH announcer IL IS, that compacts be-
tween enemies, such truces and capuations shall
be faithfully adhered to and their non-obseryance
Is denounced As beng nanifestly at variance with
tle True interest and duty not only of the immediate
parties, but of all mankind. Consequently if the
surrender OF the expedition, or any part Of it was
CONDITIONAL the benefit Of those conditions must be
insisted upon IN favor Of Mr.. Kendall, According
to the statement OF Mcssrs. Falconer and an Ness
ME- kendall proceedcdtwo hundred miles in advance
OF the main body, andwas taken with his companions
while they were displaying flag of truce and the
persons who took them gave assurances that they
should not be held as prisoners of war.
Here then was a special immunity promised but
VIGOROUSLY withheld, as we are bound to
believe IN the present state of our information upoa
the subject. If, therefore, this Government were
not entitled TO demand Mr. Kendalls release on the
grounds OF hls having beena non-combaant and neu
ira, At might require the Government Of Mexico TO
take care that the stipulation of It's authorized agents
to that effect be scrupulolsly fulfilled and that on
Tins account, those 10 whom the promise was made
should be Immediately released, according to that
promise.
In conclusion, | am directed by the President Of
the United States to instruct YOU that on the re-
cept of this despatch, you inquire CAREFUL and m,-
nueIy INTO the cFcun, ances OF all those persons who
having been taken Santa Fe, and having claim.
ed the nerposltion of this Government are still held
as prisoners IN Mexico, and you viii then demand of
the Mexican Government the release of such Of them
appear TO have been innocent traders travellers in
vadS men OF letters, for any other reasons Justly
esteemed non-combatants lng citizens of the Uni
ted States, TO this end may be proper to direct 1
The Consul to proceed to the places where any Of them
may be confined and to take their statements under !
PATH a. also the statements fothcr persons to whom
hey may respectively refer II the Mrxiran Govern /
ncn deny facts upon which any of the persons clam
heir release and desire time for further investigation
u their respective cas- =, or any OF them proper and
'uable Time must be allowed butif any Of The per |
Jisr th,I tbn IA,