RELATIONS WITH MEXICO.

AMERICAN CITIZENS CAPTURED AT SANTA FÉ.

Mr. Webster to Mr. Ellis.

Department of State, Washington, January 3, 1842. SIR,The friends of Mr. Franklin Coombs, son of General Leslie Coombs, of Kentucky, have applied for the interposition of this government in behalf of that young gentleman, who accompanied the late Texan expedition to Santa Fé, in Mexico, and is supposed to have been captured, and, if alive, to be held in bondage in that country, with the other survivors of the expedition. It has been represented to this department that young Coombs has never been a citizen of Texas; that he did not repair to that country with any intention of relinquishing his allegiance to this government, or of remaining in Texas; but that he went thither in the autumn of 1840, upon private business of his father, and for the benefit which he was assured his feeble health would derive from the milder winter climate of that region. He was, however, detained there by both causes, until about the time when the expedition referred to set out. This he determined to accompany, merely for the object of confirming his health, and gratifying a curiosity, both liberal and natural, in regard to the unknown lands through which the course of the expedition lay.

As there is no reason to doubt the correctness of this information, you will, accordingly, forthwith make the necessary representations to the Mexican government upon the subject, with a view to avert from young Coombs, if he should be alive, the dangers to which he may be or may have been exposed. You will state that, from the respectability of his family and

for other reasons, there can be no ground for the belief that he would have accompanied the expedition for any other objects than those mentioned; and that, if he had been aware that the views of the Texan government in despatching it had been hostile or predatory, rather than friendly and commercial, as they were understood to have been at the time, he would not have gone in its company. If to this it be objected that the expedition was military in its array, and must, therefore, be presumed to have had warlike designs against the Mexican authorities, it may be answered that the avowed motive of the members of the expedition in bearing arms was to ward off the attacks of hostile Indians, and especially of the Camanches, who, it is well known, roam in great force along and across the track which was to have been pursued. This objection would apply with much less, if with any, force to young Coombs, as he was no soldier, and had never been one; and, if found with arms, there could in his case be no better ground for the opinion that they were to have been used for purposes of attack, and not for those of defence, than if he had accompanied one of the caravans from Missouri to Santa Fé, by means of which, as is well known, an extensive trade is carried on between this country and Mexico, to the mutual advantage of the parties.

Although young Coombs is the only American citizen who accompanied the expedition for whom the interference of this government has been asked, it is understood that there was another who as little deserves to be subjected to any penal proceedings on the part of the Mexican government. This is Mr. George W. Kendall, of New Orleans.

You will press this case with the utmost earnestness on the Mexican government, as the government of the United States feels itself bound to interfere, and to signify its confident expectation that the lives of American citizens will not be sacrificed who have not intentionally done any thing of a hostile character against Mexico. Even if the conduct of young Coombs was indiscreet and ill-judged, yet this government cannot suppose that the government of Mexico would treat him as an armed combatant found among its enemies.

You will spare no pains to impress the Mexican authorities with the feelings which would be excited in this country if any harsh proceeding should be adopted toward this youth.

You will avail yourself of the opportunity of making to that government this communication, to suggest that, while this government is disposed to maintain with strict fidelity amicable relations with the Mexican republic, and will not attempt to screen from merited punishment any of our citizens who may be guilty of an infraction of the laws intended to preserve those relations, yet that summary, sanguinary, or undue punishment of either Texans or citizens of the United States in Mexico inevitably tends to excite and foment in this country an acerbity of feeling against Mexico which will be much more apt to defeat the supposed objects of those punishments than if the offenders were to have a fair trial, and, if then convicted, were to be punished in some proportion to their offences. You will, however, make this suggestion in a conciliatory tone, without allowing it to be supposed that this government has any intention to dictate the policy to be adopted by that of the Mexican republic, upon this or any other subject; but, supposing their disposition toward the United States to be amicable, our wish is merely to point a way by which, it seems to us, that reciprocal disposition, as well as the integrity of the Mexican territory, may be more effectually maintained. Accustomed ourselves to regular judicial proceedings, fair and full trials, and mild punishments, the opposites of these, if exercised by other governments, always serve to check the growth of amity and good-will.

Any reasonable expenses which may be necessary to defray the charge of a special messenger from the Mexican capital to the place of captivity of young Coombs and his American associates, or for any other proper purposes necessary for their safety and liberation, will be borne by this government, and will be defrayed by you, and for them you will draw on this department, specifying in your drafts their purpose, and sending with them such vouchers as you may be able to procure.

The interest which we feel for Coombs, whose case has been particularly presented to us, and for Mr. Kendall also, will lead to the despatching of this communication in the way most likely to carry it soon to your hands.

I am, Sir, your obedient servant,

DANIEL WEBSTER.

TO POWHATAN ELLIS, ESQ., Envoy Extraordinary, &c., Mexico.

P. S. Since the above was written, application has been made in behalf of Mr. J. C. Howard, a youth of nineteen years of age, who was also with the expedition, and who, we are informed, was not a citizen of Texas. You will likewise inquire into his case, and do for him any thing else which you can do with propriety. D. W.

Mr. Webster to Mr. Ellis.

Department of State, Washington, January 6, 1842. SIR, I addressed you on the 3d instant in behalf of Franklin Coombs and Mr. Kendall, captured by the Mexican army, with the Texan expedition, near Santa Fé. The object of this is only to say (what, perhaps, you would not have failed to understand), that, if it should be found that other American. citizens were made captives under like circumstances, and with similar claims to immunity and release, you will exert the same interference in their behalf.

I am, with regard, your obedient servant,

DANIEL WEBSTER.

TO POWHATAN ELLIS, ESQ., Envoy Extraordinary, &c., Mexico.

Mr. Webster to Mr. Peyton.

[PRIVATE.]

Washington, January 6, 1842.

DEAR SIR, Your letter to the President, of the 21st of December, has been read by him with great interest and anxiety, although it was not the first communication upon the subject. Letters had been previously received from General Coombs, and information communicated from other quarters, upon which immediate steps were taken. A special messenger has been despatched from this department, with an instruction to our minister at Mexico, of which I inclose a copy. The President will interfere for the life and safety of young Coombs to the full extent of his duty. You must be aware of the delicacy of the question, at least as it presents itself to us, without more knowledge of the facts.

The President wishes the most effectual means taken, consistent with justice and propriety, to secure his safety. . . . On receipt of this, if you should be of opinion that the object

in view would be promoted by sending a private agent from New Orleans to coöperate with the American minister in Mexico, the President is willing that such agent, to be selected by you, should be immediately despatched; and his necessary expenses will be defrayed by this department. He cannot receive any public character, as we have a minister on the spot; but the President's great desire to do all that can be done leads him to say, that, if you think a private agency might be useful, he wishes it to be instituted, and that you would select such person as you deem the fittest for such duty. He the more readily submits this part of the case to your discretion, as, before this communication shall reach New Orleans, you may very probably be in possession of much more information than has as yet reached us; and there are likely also to be many citizens of New Orleans who are acquainted at Mexico.

As this agent will have no public character, he can only act under direction of the American minister, to whom he will report himself on his arrival. And the main advantage to be expected from such agency is this: that a person of respectability and address, well acquainted with Mexico, its manners and language, and perhaps with its present authorities, and acquainted, also, with the character, family, and connections of Coombs, Kendall, and other American citizens who may be in like condition, may, by unofficial means and personal efforts, coöperate usefully with Mr. Ellis. If you think it advisable, on the whole, that such agent be employed, you will give him a copy of this letter as his instructions.

The collector of New Orleans will have instructions to convey Mr. McRae to the fittest port in Mexico, by the revenue cutter or other the most prompt mode; and if you should think it useful that such private agent as is above mentioned should proceed to Mexico, he may use the same conveyance. You will see by the inclosed, that, although not applied to by his friends, Mr. Kendall's case has not been overlooked; and it is the President's wish, that, if any other American citizen, innocently in company with the expedition, should have fallen into the hands of the Mexicans, an equal interference may be made in his behalf.

I am, &c.

DANIEL WEBSTER.

BAILIE PEYTON, Esq., United States District Attorney, New Orleans.