The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-06-21

party Of about one hundred men, had reached the
| neghborhood of Santa Fs, leaving the rear-guard
with the wagons and artillery some two hundred miles
behind. Four m five men were then sent forward To
amour the purpose of their mission TO the authoIi
ties and TO say that they had more as friends
than foes that they wished 10 cultivate the acqualnt
ance Of their neJghbors and open commercial rela-
lions, and not TO promote hosles. OF these 'avant
courers one was Captain Lewis, and another MI
Kendall, editor of the New Orleans Picayune
An "AvAkr COURIER is not a Commissioner (con-
| missenado,) to act in the name of the Texan Gov
eminent. The two words are utterly distinct IN their
meaning The phrase "AVAHr 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 nocat
ing his peaceabe disposition at the same tine that ne
would thus be enabled pursue his projected Journey
without delay, under the protection and safeguard oil
the passport Of your Excelency Government as mere
| tofore Indicated.
The impression herein conveyed is fully corrobora-
ted by publication in the New Orleans Plcayune OF
the 18th of May last, which states that-OuI assoc-
ate George w Kendnl, LEFT this city, On Olleans)
yesterday IN the steam ship New York. upon his pro-
jccted excursion to the Mexican interior lie
will join immediately the expedition nos ~ rapid pre-
paraIon at Austin, from whence we shall hear from
him before bls final departure. Mr. Kendall VIII Visit
Santa Fe from whence HIS return Will be by the
prarles of M ssouri or 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 ana
interest has induced Mr. Kendall 10 choose this man
| ner of spending the summer, and, with ordinary ex-
petition he may be In n. Orleans again At the usual
time when citizens are returning for the fall business
| These circumstances are sutfclen. TO absolve Mr..
Kendall from oil the sus lcons entertained that he
was closely associated with an expedition making
! hostile Incurslon INTO this country
This deduction bpng conclusive inference from
the premises the undersigned led to the considera-
Il II of the only and most Irportant fact connected
with this investigation and that is regard 10 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 believe that the most excellent, the Provl-
slonal President of the Republic had stated that If Mr.,
Kendall could produce his passport he would mInedi-
aley be placed al the disposal OF the American Minis
ter accredited near this Government.
1t was impossible to produce this document for the
reasons heretofore alleged In all such cases, when
the highest evidence of fact cannot be adduced by
reason Of It's detention loss, destruction it com
peicn for the party to resort to the highest testi
mony to prove the point IN condensation This has
been done and there can be no question that Mr..
Kendall received the Mexican passport fro "a the Con-
sui in New Orleans. Ii that functonary issued II
sontrary TO 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
i was acting within the sphere of his duty. He could
not doubt the legality his acts as he was an officer
recognised by the President OF the United States TO
| transact the public business with which he en-
trusted r..
| The whole question then resolves itself into this
shall citizen of the L. States, travelling III peace
! bic and friendly manner through this Republic with
a Mexican passport 10 protect him. be arrested,
deprived of the evidence Of his citizenship, and de-
tanned close prisoner, upon allegation OF hostility
to Mexico when there isno evidence osupport such
a charge;
The adoption Of such rule Is contrary 10 the law
of nations, and, if persisted in, must break of all
4 intercourse between ie.dy and neighborng
nations,
ltdoes not come within the personal knowledge of
the undersigned that MIR Kendall had the passport
alluded to, but so far as high and unmpeachable tes-
tmony establish any fact, he has no hesitation in
stating that he believes it did eAst--hat it has been
detained by his EXcellency the Governor Of New
! Mexco--and that MIR. Kendall never would have
been found within the limits of Mexico without such
a safeguard to shield him from suspicion and injury
! From this of the case, the undersigned trusts
that his EXcellenCy the Provisional President of the
| Republic viii the corresponding orders to be
given for the liberation of one who has been 50
long suffering under unjust imprisonment
la presenting ths reiterated demand or the release
Il of Mr.. Kendall the undersigned expects ilnal an
s1cr, for which his messenger will be detained in
Vera Cruz until he hears from the undersigned
by the post leaving this capital on Friday morning
! next
i The undersigned improves this opportunity to his
Excellency NJ de Bocancgra, Minister of Foreign
] Relations and Government, the expression of his
high esteem and distinguished consideration.
POWIATAN ELLIS.
To His Exceency
JOSH MARIA pL Boo ASEGRA, ti
Minister of Foreign Relations and Government.