The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-06-23


with reference to the legation that, 1t had acknow
lodged Kendall to have been of the couriers SEN
in advance by the invaders of New Mexico, yet 4
should be observed that this idea does not proceed
from the undersigned, but draws and owes its origin
to the communication of the Legation, formed by
the terms in which THAT Legation expresses itself
HIS EIcellency Mr.. Ellis in remarking the ust
OF the word comisionado, Commissioner, by the un
dersigned admits that Kendall had gone on be
fore as a courier. His Excellency says "an apanl
courier is not a commissioner to act in the name of the
Texan Government The two words utterly dis
tinct The phrase apant courier clearly signifies that
Mr.. Kendall was willing to be one of party who
would proceed to the place proposed, two hundred
miles in advance of The Others" Now supposing The
undersigned have fallen into any mistake; 1t arose
from his having admitted the meaning given by His
Exceency Mr.. Ellis, to those words, and from the
Specification which the Department of Foreign Rela-
thought proper to admit and did admit, in order
form reasoning upon that very idea, upon the
sense and upon the acceptaton of the words
as fixed by the Legation of the United States to
which words he refers without citing them, now
taking from the force which they have received from
the Legation.
The confession made by the co laborer of Mr.. Ken
dali in the publication in which he presented his as
socaie as united with the Texan invaders, was not
the principal support the only grounds which have
guided the Supreme Government Of Mexico In It's
proceedings in the present case. What the under
signed has said and now repeats, ID that this evidence
received from person, who had natural and strongly
pronounced sympathes with his associate, united with
others, in Strengthening the Prescriptions already
strong which the Government has not yet either
answered or removed" The accommodating circum
stances concurring in any under consideration,
either weakened strengthen II, according TO their
nature and chaTacter and they tend either to us
pei the presumptions which operate against an IN
dvdual maintain them in force, SO long as oer
evidence justification be presented This Is pm
ciple fixed certain and adopted by all legislative bo
dies and which the Government of Mexico has adbpt
ed with regard to Mr.. Kendall who is not chalged
with abettng the Texans solely the ground of the
asseveratons published in the Pcayune, but on &C
count of his having united with the Texans, and his
having crimnally violated the laws prohibiting per
sons from entering the Republic through Texas. His
appearance under such circumstances, rendered him
subject to the authorities ofthe country which he trod
and to its internal police his Excellency, Mr.. Ellis
well knows the good principles of common right the
law of nations, the well known laws, CUSTOMS and
universal practice Of civilized people, have sanctioned
the privileges and prerogatives inherent in Govern
ments, to dictate the means which may conduce to
their security and preservation the first necessity
of nations
His Excelency Mr. Ellis, is pleased to say that the
partner of Mr.. Kendall, in this capital few
days since. 1t is not alleged that he has offended
against the existing laws Of this country notwith-
standing the anonymous publications admitted into his
paper.
lister Plenpotentiary of the United States of Ameri
ca, will permit the undersigned to make this ohserva-
ton Is the arrival of Mr.. Kendalls partner the
thing with the entrance of MIR. Kendall himself
by way of Texas? Did they come by the sane di-
recton and under the same formaties required by
the laws' The conduct observed by the co-l;borer
of Mr. Kendall, in contrast with that pursued ~ the
last named person, certainly evidence in fvor of
the Mexican Government, and proof that this Go
regulates its conduct according to the max
inns adopted by nations, and that the foreigner, who
arrives in its territory be he who he may, does not
feel the weight of that arbitrary system which MIR.
Ellis has voluntarily painted Mr. Ellis will nov see
that Mr. Kendal's pa tner having entered in legal
way peacefully, and without giving and ground for
his being considered an enemy to the public Orderand
wishing to act against the safety
and mmunites Of the nation is free and at liberty to
enter in security. MIR. Kendall's partner arrived in
Mexico, under the protection Of the laws, a cti-
of the UDited States and has been considered in
that respectable character. The same could not be
said of Mr.. Kendall from the disparity of the cases
and other circumstances
AS regards the passport which Mr.. Kendall says
that he obtained from the Mexican Consul at New
Orleans, the undersigned has made known the bene-
violent dispositions Of his Government, which has
been circumspect in the Of this affair, that
it even asked information from the authorities Who
should give it, respecting this exceptional particular,
thus calling for proof which it not called On to
produce And what shall we now say when welave
express proof that no pas sport was given to Mr.. Ken
dall' In fact, the Vice Consul Pratz, denied tht he
gave any such security, and explains himself nthe
following terms:
ssSrR Having been charged with the Mexcan
Consulate in this city, from September, 1887, to iep
TENDER, 164l, am called to contradict notice
account given at the public meeting, at the BanAr
cade, on Friday last, the 4th instant. MIR. CIV.
Kendall never obtained passport from the Mexican
Consulate
Mo ia fha nn1y opty birh ho
alleged. What should the Mexican Government lot
Fulfil its laws Gas set forth) in the admnistrativ
der in question.
1t is true that Mr.. Faconer has been delivered to
his Excelency, Mr.. Packenham; but it is alsGtrue
that the same favor has been extended in the olive
ry to Mr. Ellis, of George Van Ness and Comb in
all which cases, his Excellency, the acting Iresi-
dent has exercised his own free and spontaneous
will.
With respect to Kendall, right has been asserted
in his behalf and the affair has not been regarded as
matter of favor and, if the liberty, which is de-
sired for him, has not been granted it is for want Of
those proofs which the Government of Mexico itseE
has made arrangements to obtain. The manner il
which Kendall was taken has rendered it very diff
cult to allow him his liberty, the question raised
renders difficult the application of the principle and
doctrine which Mr.. Ellis cites in the last but one pa
ragraph of his note, which would be CHAR, simple,
and conformabe with those professed by the Supreme
Government, did not national dispositions operate
against Mr. Kendall of which dispositions both Go
vernments must keep in view since, as MI. Powhat-
an Ellis has declared, the Government of the United
States does not desire to free from meraed punish
ment those American citizens who, by their hostile
acts, have drawn upon themselves the rigor Of the
Mrxcan'law.
The undersigned has the honor to repeat to his Ex
cellency, Mr. Powhatan Ellis, the assurances of his
high consideration.
J. M. DE BOCANEGRA.
To the Honorable P. ELLIS,
Envoy Extraordinary and Minister Plenpotentary
of the United States
To be continued.
DIED