Arizona republican., 1919-11-27
Text of Reply

Text of Reply
 FL PASO, Texas, Nov. 26.-The text of the reply of the Mexican government to the note of the United States asking the immediate release of William O. Jenkins, American consular agent at Puebla. Mexico, was received tonight Fl Paso
 The text of the note follows:
 Mexico, Nov. 26, 1919 MT. George l.. Summerlin,
 Acting Charge of Affairs for the
 United States of America
 Sir: I am instructed by the presi- dent of the republic to answer herewith your note of November 20, which you addressed to the Mexican government on instructions from the state depart ment of the United States.
 No Foundation for Demand for Release You will no doubt realize that the fact that no legal foundation, principle or precedent of international right or even of reason, is invoked in the demand for the immediate liberation of MT. Jenkins, who, as you know, is at present under the Jurisdiction of a judge of the city of Puebla-
 The Mexican government cannot see what the foundation for such a demand might be. It believes that it can be only the power of the country that makes it, although the United States has expressed the desire on various oc- casions that right and justice should be the basis of it's diplomacy, and re- speet for weak countries the basis of it's international relations on the conti- nent.
 The terms of note which am answering are attributed by my gov ernment to an imperfect understand ing of our penal laws. The imprison- ment is neither unjust or arbitrary as your note states, since Mir. Jenkins himself has signed contradictory statements regarding the Kidnapping of which he was victim.
 The judge has had ample founda- tion to suppose that he. was guilty ot the crime of falsifying judicial de- cisions and this has caused his i'm prisonment
 All Legal Matter
 Nevertheless this Imprisonment doe. not of itself signify that Mir. Jenkins IS guilty, because such fact can onJy be established by a definitive iudg. ment.
 Your excellency knows that the criminal proceedings in Mexico Tn wolves three classes of imprisonment Preventive, when it is suspected tha. a person has criminal complicity il an act; formal, when against the ac cused there is sufficient evidence il the judgment of the magistrate t suppose that the accused is guilty O the crime; and ordinary imprison ment, which involves a, definitive sen tence as the penalty provided for tn, crime and the guilt of the accuset duly proved. The two first classes O imprisonment are not legally penal ties, but restrictions to the liberty O the accused. pending Investigation The judgment may also declare tn innocence of the accused.
 Mir Jenkins has undergone a pre- ventative detention, first, anu Cne formal Imprisonment of 72 hours. I ] is because of this that he was rear i rested and this is a fact that seem to be considered by the government o the United States as persecution or series of injuries that are inflicted un justly on the consul
 May Go Free on baii Any me
 In the course of the trial, at an l time, the accused may ask and ob tain his liberty on bail. The Mexi can law is very liberal about thil since all that is necessary is a re quest and the production of the SUI fixed by the judge. Mir Jenkins re fusal to exercise this right, notwith standing that he was asked to do z several times, and the fact that tt judge has fixed for him as bond tf sum of 1000 pesos, can not perm him strictly to call himself the victil of injuries which he has brougf upon himself.