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

informed that the case OF Mr.. Kendall Is peculiar
one that he is considered as having been united with
the vadIng enemies of Mexico that he was taken
in then company, and travelling Iunder their proiec-
ton that the statements made in his iayNr emanate
from the interested party HIMSELF and this Legation 49,
| IN fact finally called on To prove his innocence
This Is novel mode of proceeding, and inverts all
tbs we'll known and well established principles OF JUS
ce, by compelling an individual to prove negative
or be deemed guilty, although there Is nothing addue'
ed by the accusing party to sustain the charge h'
course, suggested by the Mexican Government Is we
more extraordinary, when il is recollected that the
evidence called for is either in the possession Of or
has been destroyed by the officers OF THIS
| in the department OF New Mexico The Individual
who is entitled 10 the benefit OF tins evidence mas am
pie cause TO complain of the harshness and cruelty OF
a course which has not only compelled INN To under
90 for months the suerings OF long march, on fool
of nearly two thousand miles over frozen plans ana
burning sands between Santa Fe and this capital,
| but now requires him 10 prove himself innocent,
while that veIy proof in the possession ofyour own
officers or has been destroyed by them. What con
aiion will il be 10 this unfortunate man to know
that General Armija has been instructed 10 state whe-
Their or not this document was presented to hun 10y
| Mr.. Kendall or to be informed that the Consul at
New Orleans has been ordered to report 10 he Minis
try whether not he issued passport, Is alleged
This surely is not satisfaction TO Mr.. Kendall, or
| TO the Government of the United Stuiesi nor can
any course be so, long this gentleman Is Kept
close prisoner with the full knowledge that he has
committed no act To merit such treatment.
The undersigned does not deny that Mr.. Kendall
entered the Mexican territory with the Santa Re ex-
petition, and under It's projections but only as a
peaceful traveller, unaimed and furnished with a
Mexican passpou When he left New Orleans his
protesscd object visit this country for the puI-
pose of amusement and instruction. and 70 penctI ate
as far this capital HIS pursuits IN lie are qu el
and literary and there can be no ground tor suppo-
ston that he would have accompanied the expedition
for any other object than those indicated IN the notes
1 which he A ba he OF
ing his Excellency MORGAN he idea be entertained
that had Mr.. Kendall been aware that the views OF
Texan Government in despatching this expedition,
hostile or predatory, rather than friendly and
commercial he would have awaited himself of It's pro-
| t, ction through thr Indian country.
The simple fact of Mr.. Nc, dali being in company
with the Texans and travelling under their escort,
can only be viewed as presumpive evidence that he
was connected with them IN their hostile nentIons,
II they had any but cannot control the positive proof
adduced TO show his peaceful character IN entering
| Mexico.
| though the undersigned, as the representative OF
| the United States will not waive the demand which
his Government has ordered him to make Tor the llbe
| ration OF MIR. kenda-and attempt to sustain su-
pie application for 1t by testimony other than that
which authorized the honorable he Secretary of State
of the Emitted States in making his requsltion IN Mr.
kendalls behalf--yet, the undersigned herewith en-
closes the conclusive certificates of Messrs Falconer
and Van Ness opreclude the slightest possbili
~ OF further hesitation on the part OF the Mexican
! Government
| Mr. Kendall obtained the important document de-
| scrbed in the sworn certificate Of these gentlemen
with the full conviction that ii would shield hun from
suspicion and injury, Confding, he did, in the
good faith of this Government, he avaled himself OF
the earliest opportunity TO exhibit it to the proper
| thuritles in Santa Fe, and 10 clam then protec-
uon. Tins protection was not gwen him. but, on the
contrary he has been held close prisoner since
| September last, Notwithstanding he proof now
hbited and before stated that he was citizen of the
United States, travelling under an official patent OF
this Government, and in The absence OF all proof L
show that he has committed single act with view
To disturb the peace and tranquility OF the Mexican
Republic His presence with the Texans uncon-
neced with other facts cannot be considered evil
dence OF hostility, and therefore there be right
| to Diet ain him
| If Mr. Kendall had abandoned his allegiance to the
United States, by becoming citizen of Texas, there
would be an end of the question: so far as the Gov,
eminent OF the undersigned is concerned. As the
matter stands we clearly stabish by the Mexi-
can passport, that Mr.. Kendall is American citl-
zen that his protested visit TO this country peace
full IN It's character; that he accompanied the Santa
! Fe expedition for the benefit of the protection it Of.
| ttred him hat he was -combotant, free of all
control the part OF the officers and must be consi-
dcred as ightully asking and receiving the protec-
ton OF his Government until 1t can be established be-
yond doubt that by his acts of hostility against
Mexico, he has forfeited that right. In that event
| Mr. Kendall could not receive the countenance or
protection of this legation while on the contrary
il is the duty of the undersigned as well as that OF
| the Government of the United States which he rep
resents to protect their unoffendlng countrymen by
| all means entrusted TO them for that purpose.
! So far as the cases of Messrs, Howard and other,
are concerned the undersigned only reiteraes the
quest made IN his last note to his Exceency that haN-
| ing sough the protection of the United States, they
may be detained here until their claims be proper
| ly heard and decided,
! The undersigned begs leave TO inform his Excel
lency Mr.. de Brocancgra, that his messenger will
leave this city Sunday morning next and he there
fore requests that this Legation may b. furnished with
passports for Mr.. ID X McRae to that effect trusting
that will suit the convenience of his Excellency TO
terminate Mr. kendalPs case before that period, on
| the conclusive testimony submitted.
The undersigned avalls himself Of this occasion 10
tender the of his messenger, to his Excel
lency and the Mexican Government for any des-
patches they may desire sending To Washington, and
has the honor to renew to his Exceency the assn
rance of his high and distinguished consideration.
| POWHATAN ELLIS.
To his Exceency,
| JOSE MARIA DE BoCANEaRA,
Minister of Foreign Relations, &c.