Abbeville progress. (Abbeville, Vermilion Parish, La.) 1913-1944, 1919-12-06
REFUSE US. DEMANDS
IN THE JENKINS CASE
Mexico Declares It Can't Ac-
cede to Request OF u. 5.
Regarding Jenkins.

Mexico city Declaring there - no
legal foundation nor principle of inter.
national law" upon which the United
States bases It's demand for the imme-
date release Of William o. Jenkins.
United States consular agent al Pueb-
la. the Mexican government Through
eign relations. Wednesday stated it
was impossible To sccede to the re
quest of the American state depart
ment
The text Of the note in part. FOL,
lows:
MIR. George l.. Summerin Acting
Charge d'Affaires for the United
States of America. I afn Instructed
by the president of the republic 70
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 Tor the immediate liberation
OF Nh Jenkins who, d YOU know. Is
at present under ,hc jurisdiction OF
a Judge OF the city of Puebla.
.hc Mexican government can not
see what the foundation for such a
demand might be 1t believes that ii
can be only the power of the country
that makes t. although the United
States has expressed the desire on
various occasions that right and JUS
tice should be the basis OF its diplom-
acy. and respect for weak countries
the basis of its international relations
on the continent.
The terms of a note which ! am an
swering are attributed by my govern
ment 70 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.
Nevert heless this Imprisonment
does not eli itself signify that MT Jen-
kins is guilty. because such a TACT can
only be established by a definite judg-
ment.
Mr. Jenkins has undergone a pre-
ventive detention, first, and then a
formal imprisonment of seventy-two
hours. II is because of this that he
was rearrested. and this is fact that
seems to be considered by the govern
ment of the United States as persecu-
ton or a series of injuries that are
( inflicted unjus5ly 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 a trial that is being con-
Quoted according to law, under the jur
isdiction of a judge whose proceed
ings are open, and are constantly un-
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 III the
note to which | am replying; and it
has for this strong reason. founded on
the rights of peoples and COnsidera-
tions of constitutional character.
As to the first rights the govern
ment believes no other government
can make diplomatic claims for one
of it's subjects abroad. save in the
case where Justice is denied. or where
the sentence is VIGOROUSLY excessive,
which is also in international law ii
dehial OF justice and that practice
which has been invariably observed
has been that of waiting for the tri-
bunals having cognizance of q case
involving foreigner 10 pronounce d
judgment that. as ! have said If il
wore nctoriop<ly unjust would be the
only basis for a claim.
As to the constitutional viewpoint,
our political constitution establishes
as Il fundamental principle the sepa.
ration of tn" executive power from
that of the judicial. and 10y 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 j. guaranteed in our consti-
tuition. and by virtue of the federal
structure of the Mexican Republic the
federal power can not interycnt in al
fairs which. like that OF Ny. jenkins,
belongs properly and exclusively to
the authorities Of the stat" OF puebla
For this reason the executive could
not order the Judge having jurisd.c.
ton OF tn" case 90 free Nh Jenkins
because this latter funCtiOnary could
with reason refuse 10 obey such an
order.