The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-06-21
Mr.. Ellis to Mr.. de Bocaneora.
LEGATION OF THE U. S. OF AMERICA,

LEGATION OF THE u S. OF AMERICA,
MEXICO, 18th February 1912
The undersigned has the honor to acknow ledge the
receipt of the note which his ExcelIency, j. NJ de
Bocanegra, Minister of Foreign Relations and Go.
vernment pleased TO address him in answer to his
communication of The 10th instant relative to the i'm
prisonment of Mr.. George Wilkins Kendall Ii will
not be questioned by the undersigned that this Co.
verDment i. animated by sincere desire to dispose of
this in such to convince that of the
United States that it Is anxious TO strengthen the
bonds of peace and amity which now so happily sub
sst between the two countries.
The order of the most Excellent the Provisional
President of the Republic, to detain Mr. Kendall IN
this capital until his could be heard and finally
acted on, is received as an indication of the sen-
ments Of his Excelency that subject The under
signed will again repeat that it is the desire of his
Government to screen from merled punishment anv
OF It's citizens who have, by their acts of hostility
justly rendered themselves obnoxious to the laws of
Mex co. and he will, therefore, without further pre-
iminary remarks, proceed to notice the points brought
to his attention by tho of his Exccency of The
18th instant.
1t is first alleged that Mr.. Kendall entered the
Mexican territory with the enemies of this Govern
men and that the fact of his having done 50 in v;o
latlon of the law made known to this Legation on the
10Th February, 1910, aggravates his offence
1t is true that notice of this inhibition 10 all foreiun
TO enter the country the side of Texas WAS CIV
en- at the time stated. Mr.. Kendall might not have
been apprsed of it, but if he had been possessed
of distinct knowl ledge of the fact the terms of the
law require other punishment than that the offend
should be Immediately sent beyond the limits of the
Republic, in which ii is believed Mr. Kendall will
very readily acquesce 1t is further stated that this
Government had official data which denounced Mr..
Kendall as agent of Texas or at least, as mem
Der of the expedition against New Mexico In con-
rmation of this reference is made to an article pub
ished in the daily Pcayune Of the 2ls of December
last wherein his Excellency Mr. de Bocanegra states
the words are to be found " A CAPTAIN Letris IN 9
one Of the Commissioners, and The other Mr. Kendall.
editor efhe Mem Orleans Picayune"
1t is with regret and surprise that the undefsigne
perceived, In the note OF his Excellency Mr. de Be-
canegra, this alluslon to anonymous publication in
one Of the gazees of the United States as evidence
OF Mr.. kcndalPs guilt Can it he supposed, for a
single moment, that a Government entertaining
proper respect for its dignity and rirhs will permit
such things to influence question in which the liber
y OF one OF ITS citizens is involved Surely not
Such expedents cannot be resored to with the sanction
of either precedent principle among nations. The
doctrine is wholly indefensble
Yet as The undersigned is willing 10 meet and an
swer all the statements made by his Exceency in his
last noe-h appears that the speculaons in he print
alluded to- IN reference to the objects aud
of the Texan expedition against the department of
New Mexico, cannot and ought not to be received az
applicable to this question, especially when il is
known that the accused party was absent from New
Orleans, and could, at that period exercise no control
oil the press but If they TO be made evidence
against him by your Exceenoy, Mr.. Kendall is equal
~ entitled, according 10 a well known principle of
municipal and national law to the full benefit of such
portions as are in his favor
In referring, then, to the publication in question.
that -, the publication of the 2lst Of December in
the Daily Picayune, referred 10 by his ExceIsncy.
Mr.. de Bocanegra, the whole Of which is now before
the undersigned it will be perceived that "the advance