Vernon Parish Democrat. (Leesville, La.) 1917-193?, 1919-12-06
REFUSE us. DEMANDS
in THE JENKINS CASE
Mexico Declares it Cant Ac-
Cede to Request Of U. S.
Regarding Jenkins.

Mexico City.-Declaring there is @no
legal foundation nor principle Of inter
national law" upon which the United
States bases its demand for the iInme-
date release of William O. Jenkins
United States consular agent at Pueb-
Ia, the Mexican government through
Hilario Medina, undersecretary of for
eign relations, Wednesday stated it
was impossible to aecede to the re
quest of the American state depart
ment.
The text of the note, in part, fol
lows:
Mr.. George L. Summerlin, Acting
Charge d'Affaires for the United
States of America: l am instructed
by the president of the republic t.
answer herewith your note of Nov. 20
which you addressed to the Mexican
government on instructions from the
state department of the United
States.
You will no doubt realize that the
fact that no legal foundation, princi-
pie or precedent of international right
or even of reason, is invoked in the
demand for the immediate liberation
of Mr. Jenkins, who, as you know, is
at present under the jurisdiction of
a judge of the city of Puebla
The Mexican government can not
see what the foundation for such a
demand might be. 1t believes that it
can be only the power of the country
that makes it, although the United
States has expressed the desire on
various occasions that right and JUS
tice should be the basis of it's diplom-
acy, and respect for weak countries
the basis of its international relations
on the continent.
The terms of a note which 1 am an
swering are attributed by my govern
ment to imperfect understanding of
our penal laws. The Imprisonment is
neither unjust nor arbitrary, as your
note states, since Mr. Jenkins him
self has signed contradictory state
ments regarding the kidnapping of
which he was a victim.
Nevertheless this Imprisonment
does not of itself signify that Mr. Jen-
kins is guilty, because such a fact can
only be established by definite judg-
ment.
Mr. Jenkins has undergone pre-
ventive detention, first, and then a
formal Imprisonment of seventy-two
hours. 1t is because of this that he
was rearrested, and this is a fact that
seems to be considered by the govern
ment of the United States as persecu-
tion or series of injuries that are
inflicted Unjustly on the consul.
In the course of the trial at any
time, the accused may ask and OBJ
tain his liberty on bail
Mr.. Jenkins, finding himself, then
involved in trial that is being con
Quoted according to law, under the jur-
isdiction of a judge whose proceed
ings are open, and are constantly I'M
der the vigilance of public opinion
which is interested in learning the
truth of the affair, the Mexican gov
eminent finds itself under the neces-
sity of not being able to accede to the
demand for liberation, contained in the
note to which l am replying; and it
has for this strong reason, founded on
the rights of peoples and considera-
lions of constitutional character.
AS to the first rights the govern
ment believes no other government /
can make diplomatic claims for one
of its subjects abroad, save in the
case where justice is denied, or where
the sentence is VIGOROUSLY excessive, |
which is also in international law a
denial of justice and that practice
which has been invariably observed
has been that of waiting for the tri-
bunals having cognizance of a case
involving a foreigner to pronounce a
judgment that, as l have said, if it
were VIGOROUSLY unjust would be the
only basis for a claim
AS to the constitutional viewpoint.
our political constitution establishes
as fundamental principle the sepa-
ration of the executive power from
that of the judicial, and by virtue of
this, the executive does not have the
power to interfere in the business of
the latter
Likewise the autonomy of the vari- |
Gus states is guaranteed in our consti-
tuition, and by virtue of the federal
structure of the Mexican Republic the
federal power can not intervent in af.
fairs which, like that Of Mr.. Jenkins. |
l. IL
the authorities of the state of Puebla.
For this reason the executive could
not order the judge having jurisdic-
tion of the case to free Mr. jenkins
because this latter functionary could
with reason refuse to obey such an
order. The executive would thus be
lacking in the first duty of all govern
ment.