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

The undersigned has submitted the note TO his Ex-
celency the Provisional President and has received
express orders to state TO Mr. Ellis that, when the
supreme Government of Mexico entered into the
discussion Of Mr. Kendalls ease, and considered II
as exceptional did nothing by that step but give
additional proof of It's good Will towards the Govern
ment of a friendly nation, and It's Minister who pre-
scented this affair in that character and under that
point of view, II IN consequence separated, we may
saw MIR Kendall from the rest of the prisoners, and
taking into consideration the exceptions alleged, with
the object of preventing HIM from being reported as
among the Texan enemies OF Mexico, II has been
guided by these exceptions and has given to the al
fair The direction required by It's nature, and by the
express declarations of the Legation of The United
States of America. The case is exceptional; in this
light it has been viewed by MIR Ellis and the under
signed has taken the word in its obvious sense which
is, that Mr. Kendall, having cited circumstances
which, if established would justify his entrance into
the Mexican territory, those circumstances should
be Investigated.
1t is his part to exhibit proofs sufficient to remove
the prescriptions operating against him. IN requiring
such proofs from person IN MIR. kendall's silua-
tion the undersigned does not conceive that the prn
cples of justice inverted a negative gene
rally speaking is not received as proof MIR. Ellis
well knows that when the negative includes an air.
native, the person using II must prove and the I'M
dersigned conceiye that the order is really Inverted
by requiring the Mexican Government to furnish
proofs for and in defence OF the accused 1t IS an
axiom adopted by the Legislation of all nations as
taken from the very source of the common right al
ready established The Government of Mexico
might have applied it, as soon as notice was given
that the person interested advanced exceptions which
lessened the gravity of the charge but not wishing
to leave to Mr.. Kendall alone the task of proving
and Of soliciting evidence, IT gave the proper orders
for bringing that evidence forward which conduct
affords proofs of the righttul, proper and equitable
| views with which il entered upon the discussion.
The Government of Mexico finds MIR. Kendall in
company and united with those who came TO invade lis
territory armed with all arms, and with hostile views
and measures II also that his entrance into the
country is from direction expressly and positively
prohibited to every stranger from and since the 18th
of February, 1870 and il moreover observes that
this same individual did not take purely passive
part in the INVASION Yet, Notwithstanding these cir
cumstances, sufficient they for establishing
| a strong presumption against MIR. Kendall the Co
vernment has taken his excuses into consideration,
and has acted in conformity with the circumstances
of the case, presented by the Legation of the Uni
| ted States.
The Government possessed already, before the inter-
venon in this affair of his Exceency Mr. Ellis, Of
fetal information denouncing Mr.. Kendall an
agent OF the Texans, or at least, us member OF he
expedition again New Mexico The undersigned
will nov present one OF those evidences taken from
one OF the newspapers OF the United States, IN sup
pot of the good faith of It's proceedings and OF the
confidence IT places IN Mr.. Ellis
! In he daily Pcayune OF the 2lst apaper published
at New Orleans it said with reference to the pro-
ceelngs of the Texans against the said Department
that a Captain Lsieis odS one Of The Commission
ers and the other Mr. Kendall, editor Of the Plea.
yane" II il len to the prudence discretion and Jus
lce of the Government Of the United States and OF
Mr. Ellis say how far this shows the connection OF
Mr.. Kendall, wlh events hostile in all respects, and
hw tar they aggrayate his conduct In travelling no
Mexico by prohibited road
! Notwithstanding alt these conectures, which, a.
/ ken together form pr OF that Mr.. Kendall was MOI
| indifferent the advant which the enemies %
Mexico mght derive from their expedition the Supreme
| Government acting at once according 10 It's dignity
and It's duties and especially regarding the consldrrl-
lions OF amity by which II Is animated towards the
| Government, OF the United States has not desired t.
use their full extent the faculties allowed TO it by
the law of nations, 1t listens the exceptions cited
before tit dictates OF It's own accord, orders for
transmission to it, all the evidence WHICH may be in
the hands of the authorllis under its iuri.dclion-it
enters into frank and sincere discussion and will
give then due weight those evidences with ii cha
racterlstlc honor and Difference and the pun
| ~ of It's intentions be carried farther, considering
the very nature OF the circumstances, and also the
terms in which the Envoy, &c of the U nited States
has pIesse himself with regard to them
line OF conduct such as that pursued in the pre-.
sent Case ny the Supreme Government, will, AT all
times, afford the most irrclragble proof Of its humane
sentimcnts--of its concilatory dsposton--of It's be-
nevoent ldeasof justceand Of the fact that It's
not having gone farther from its respect for the
awsot its care for the preservation of the territory
committed 10 lis chaigeand of its being embarrassed
only by its of propricty and by dificutc,
| which II cannot overcome J.
The undersigned, organ of the desires Of his Ex-
ceency, the Provisional President, has the honor to
transmit the information them to Mr.. Ellis and tc
renew to that gentleman the assurances of his most
| distinguished consideration;
| To the honorable
| A.i u. Ellis &c.