The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-06-21
MEXICAN CORRESPONDENCE.
CONTINUED.
Mr.. de Bocanegra to Mr.. Ellis.
TRANSLATION.

Mr. de Bocaaegra TO Nh. Eas
LrRANsLArIoN.]
NATIONAL PALACE, MEXICO,
February 8, 1912.
The undersigned Minster of Foreign Relations
and of Government has received the which, I'M
per date of the 9Th instant his Excelency the Envoy
Extraordinary and Minister Plenipotentiary of the
u niled States Of America has been pleased to adj
dress 10 him, relative TO sundry prisoners made al
Santa Fe in New Mexico, upon the occasion of the
expedition of the Texan adventures upon that De-
partment, In which he requests, the name OF his
Government, that Mr.. Kendall may be set at liberty,
and stating that John c. Howard, J.B. Houghtailing
and the others W no said to have gone as traders
with the expedition, had not forfeited the protec-
ton of their Government violated the laws OF
Mexico
His Excelency the Provisional President and the
undersigned az his organ, would like to CRAFTY at
once the wishes of the Government OF the United
States and of their Minister in Mexico, and that Mr.
Kendall should be released requested but this pc
culiar offers such difficulties in its own nature
and through the circumstances which are alleged by
the party himself intel ested that if they were pre-
scented to the Government of the United States, they
would be viewed in the light they are by that
of Mexico.
1t is necessary, then, to stop to examine them,
without forgetting the circumstances of his coming
is proved, those which may be urged in extenu-
alton thereof. The undersigned presents 1t to his
Excellency Mr.. Powhatan Ellis, under such AN as
pec he would say that he considers Mr.. Kendall as
united with the invading enemies of Mexico; that he
was taken in their company, travelling under their
protection and that the introduction of foreigners
by the Texan frontier being prohibited, even when
they travel alone this prohibition ought TO be more
strict and when their entrance takes place or
has taken place by the side of men at arms coming
to invade the country. The measure adopted to re-
pei the frequent appearance of unknown men on that
line, was communicated by this office to the Dipo
matte body, the 18th of February, l64O, and it no
doubt obtained the necessary publicity the several
nations friendly to this Republic Mr.. Kendall, on
setting out for Mexico nfringed it, with aggravating
circumstances. That measure was deemed sufficient
and necessary restrain the abuses spoken Of was
dictated by the safety Of the Republic and Mexico is
pleased to learn from Mr.. Ellis himself, that his Go
vernment will not attempt to screen from merited
punishment any of its citizens who may be guilty OF
nracton of the laws intended to preserve neutral
relations; anything else to be expected from
just and enlightened Government
Nevertheless the of this individual is sup
posed to be special one, because he left New Or
leans under the protection of Mexican passport, to
visit the republic which document destroyed by
officer. If Mr. Ellis were 10 speak of an event which
took place in his presence the question would be set
tied for the Supreme Government would rely upon the
authenticity and credit which ought to be allowed to
person in his station, especially in communications
of this sort but the peculiar circumstances refer
red to- proceed from the party interested, the Su-
preme Government has issued the most peremptory
orders, both that the Mexican Consul should report
respecting the said passport, and that the Comman-
dant General of New Mexico do the same in regard
to the destruction of that document. Neither has
the former functonary stated that he issued it Mr.
Kendall, nor has General Don Manuel Arinjo APP
prised the Government OF the act OF the officer Ii
such had been the case his Excellency the Provision
al President would act pursuant to his powers taking
into consideration the application Of Mr. Ellis, the
Minister Plenpotentiary to whom the undersigned
addresses himself.
If these circumstances which favor Mr.. Kendall
are confirmed, the Supreme Government will pro-
coed at once to deliver him to the Legation OF the
United States of America but finding itself surround
ed now by difficulties which the special case Offers
it regrets that it cannot fulfil the desires expressed
by his Exceency Mr. Ellis, and offers to do that
~ which has already been referred to- for the pur-
pose of ascertaining the facts.
As to John G.. Howard and the others who have
claimed the protection of their government alleging
that they accompanied the expedition as traders,
theirs also is special case, but his Excellency the
Envoy Extraordinary and Minister Plenpotentiary of
the United States of America will allow me to say,
that those ought to have known the risk which
they were about to by entering the Republic at
prohibited point that their entrance there without
formal passports transgresslon OF our laws re-
lative to foreigners; that their junction with armed
men enemies to Mexico and having hostile designs,
was powerful, rational and just to consider
them also as enemies, if they had not been gull
ty of breach of our police laws. Ii they came to
trade and if their journey was not military one,
those are circumstances which qualify the act but
thew are not relieved from the probandi. The
contrary is an obligation which they have imposed
upon themselves and which they ought to fulfill mas
much as their interests require it, which the Go
vernment will know how to consider and appreciate,
giving them the value which they deserve.
It is we'll that Mr. Kendall and the others accom-
panied the invaders of New Mexico with the nten-
tons which have been mentioned that they not
DESTROYS of cooperating directly with the Texan ad-
venturers but the of the first consisting of
single fact which is yet to be ascertained the SUI
preme Government, in conformity to the wishes OF
hi, Excellency MIR. Powhatan Ellis and if his Gov
ernment has given the necessary orders for that pur
nose As to John G. Howard and the others, the I'M
dersgned repeats that the burden Of proof lies upon
them
sonal President desires to show his benevolent sent-
ments towards the Government of the United States
of America and its subjects, he panied at meeting
with the embarrassments and difficulties which DC.
currences like the present offer, wherein, the
hand are TO be weighed the consideration and comfy
due to friendly nation, our relations with which
is desirable to tighten more and more, and on the
other obligations which ought to be well and fully
discharged One of them is to watch over the honor
dignity and sovereignty of the nation whose preserv
alton is the first and most sacred of his duties fol
which he can exercise his powers when so great ar
interest is at stake.
Nevertheless led by the impulses of his heart al
ways inclined to lenity and benevolence, his Excel
lency the President has, of his accord, placed
the disposal of his Excellency the Minister of the
United States of America, George Van Ness and
Combs, prisoners also taken at Santa Fe, being actu
ated solely by his sentiments of humanity and il
consideration of their youth and of the families te
which they belong thereby mitigating the grief which
the fate of their would otherwise have occasion
ed them. This act is the best proof which the un
dersigned can offer of the sentiments Of His Excel
ency the President.
W it'll regard to prisoners who sick, the proper
measures have been and will be taken. The under
signed can and ought to assure his Exceency, Mr.
Powhatan Ellis, that as to them whatever dema
ed hx humanity and the law of nations can be recon.