New Britain herald., 1919-12-01

tinted States which | am instructed to transmit to you.
 Text of Note.
 ''rhr &oNrrnmrni of the United States declines to be drawn into d Ju- ridir;ll discussion of irrelevant matters or unimpurtuut incidents brought for ward in connection with tliS ease. The Mexican government cannot be miSlCd, uS it iutimHtrS by the citation by the United states of no principle or prGCC- dent of international law and not even q reason for Jenkins release; for ob NlouSIN no such citation is necessary for the rnliEhtcnment of a. government ot the present day. The Mexican gov crhmcnt believes, and rightly so, that tn" request for Jenkins release is not based on solely the strength of the country which makes it; for it knows the request is founded on the justice oi the right of an American citizen and l.. <. consular office to fair treat ment While residing and diScharging his duties within Mexican jurisdiction With the knowledge and approval of the Mexican government. The MCM- can government may contend that the imprisonment of the victim is nCrCS- S;'rN for the investigation by d iEdge under the constant vigilance of public
 
 duCtion and that d right of release on bail is a palliative for such wrongful Imprisonment, but the United States is constrained to the opinion that such arguments are mere excuses. The government of the United States in- NiteS and desires the fullest possible exam nation and investigation of this case but it cannot admit that it is nee "SS;lry in order iO ascertain the facts that Mir. Jenkins should be retained in prison even with the privilege of np- plying for bail. My government will not and is satisfied that Mr. Jenkins will not place any obstacle in the way of d complete and full examination of himself or his witnesses or of tho events leading up to and connected with his abduction.
 The Mexican government prefers to 1 attribute the American note to an im- l perfect knowledge of the Mexican l penal laws and proceeds to explain l, with refinement the intricacies of 1 Mexican penal proceedings. But the 1 government of the United States fails l to discern in their application tu this l case at the hands of Mexican authori- ties any approximation to impartial treatment of Jenkins and the MeXit i can government knows the absence of such treatment is the reason for the American request.
 Release of Jenkins
 ''Thr Mexican government main 1 tains that it cannot grant the request ! of the United States for Jenkins re- l lease for the reason that under inter- 1 national law no diplomatic interven- l tion is appropriate unless n denial of 1 justice has occurred and because the l Mexican government is not in d position to demand Jenkins release in l view Of the separation of the eXecu- tive and judicial powers under the 1 Mexican form of government and tue l independence of the state courts, by ! one of which Jenkins is held. The l Succiuct answer to this contention is, l as everyone knows, that a. denial of l justice has already taken place, and 1 also because the Mexican constitution l specifically gives the federal tribunals 1 jurisdiction Of all cases concerning. | diplomatic agents and consular NflicerS.
 ''Thc United States is not to be l driven by subtle arguments into d de i fCnSc of it's request for the release of Mr. Jenkins. It is for Mexico to show cause for his detention, not for the | United States to plead for his libcra- l ton. Stripped of cNtrancous matter with which the Mexican note of November 26, cndcavorS 10 clothe 1t, the naked ease of Jenkins stands forth. Jenkins. a, United States con- sulal' ugeut, accredited to the goveru- mcnt of Mexico, is imprisoned for rendering false judicial testimony in connection with the abduction of which he was the victim. This is the substance of the Mexican note.
 "My government is pleased 10 learn that the impriSonm of Jenkins stands o nthis single. and well dc fined ground, and that the reported statements that Mexican authorities had caused the Imprisonment of Jcn- l,ins because of collusion with his ab- ductors and rebellion against the state are not seriously regarded by your government.
 Wrong Man Prosecuted.
 "ln whose interest then is thoI charge of false swearing brought against Jenkins" lIiS abduCtors? He is in equity the complainant in the ease of his abduction, not the dcfcnd- amt HS the McNicHn government now makes him out to be. The Mexican government cannot expect the United instead of the pCrpct ratOrS of the crime. W nile the outlaws who Cndun- gcrcd his life and took away d largo part of his fortune enjoy their free dom, the Mexican authorities now de- priNc Jenkins of his liberty. Moreover the ground expressed for the impris- Onment of Jenkins, namely, that he is supposed to be responsible for the crime of rendering false judicial tcsti- mOny' must be takCn--and my gov ornmcnt directs special attention to this point--as merely an expression of OniMiNn on Inc part or Inc M MCNican