The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1919-12-02

for the emil ghtenmcnt Of a government
of the present day. The Mexican gov
eminent believes and rightly so that the
American request for jenkins release IS
not based on solely the strength OF the
country which makes IT.: for II knows
the request ~ founded on the justice
Of right Of an American citizen ana I'M
ted States consular office to fair treat
ment while residing and discharGing his
duties within Mexican jurisdiction with
the knowledge and approval OF the Mexi-
can government
The Mexican government may con-
tend that the Imprisonment Of the VIC
tim is necessary for the investigation
by n Judge under the constant vigilance
of public opinion Of the truth regard
ing his abduction and that right Of re-
lease on bail is a palliative for such
wrongful Imprisonment, but the United
States is constrained to the opinion That
such arguments are nero excuses. The
government of tho United States invites
and desires the fullest possible eXaInln-
otion and investigation Of this case. but
ii cannot admit that 1t is necessary in
order to ascertain the facts that Mr..
Jenkins should be retained in prison
even with the privilege Of applying for
bail. My government will not and is
satisfied that Mr.. jenkins will not place
any obstacle in the way Of complete
and full examination of himself or his
witnesses or of tho events leading up
10 and connected with his abduction
Tho Mexican government mails to at
tribute the American note 10 an i'm
perfect knowledge Of the Mexican penal
laws and proceeds TO explain with re-
finement the intracacics Of Mexican
penal proceedings. But the govern
-,f,a 70; Il
Germ in their application TO this case at
the hands OF Mexican authorities any
approximation to impartial treatment
of Jenkins and the Mexican government
knows the absence Of such treatment
is tho reason for the American request
THE Mexican government maintains
TINT il cannot grant the request Of the
United States for Jenkins release for
The reason that under international law
no diplomatic intervention is appropri-
ate unless a denial Of justice has oc-
CURED and because the Mexican govern
mcnt is not in n position to dcmaGd
Jenkins release In Wow Of the scpara-
ton Of tho executive and judicial pow
ers under the Mexican form Of govern
mcnt and tho independence OF the state
courts by one Of which jenkins Is held.
The succinct answer TO this contention
Is, us everyone hIlp"S, lliil u Ntl'i.il va
justice has already taken place and also
because the Mexican execution specific
ally gives the federal tribunals juris-
dicliun of all cases concerning diDlo-
matte agents and consular aIfiCcrs.
The United states is not To be driv-
en- by such subtle arguments into de-
fcnSC Of lis request for the release Of
Mr.. Jenkins. II is for Mexico To show
cause for his detention. not for the
United States 10 plead for his liberia
tInn. Striped Of CXtraE' GUS mater, with
which the Mexican note OF November
81. cnd"aVors 10 clothG il. the naked
cas-" Of Jenkins stands forth: Jenkins.
4 United States consular a""nt aCrrrd-
tied to the government Of Mexico is i'm
prisoucd for rendering false judicial
testimony IN Connection with tho abdira-
ton Of which he wa tn victim. THIS
is tho substance 90 the NcNICan note.
MY government is pleased Ia know
that the Imprisonment OF Jenkins stands
on this single and wolf drrNcd ground
and that the reported statements that
Mexican authorities had caused the i'm
rris"nmcnt Of Jenkins because Of col
lu"Ion with his abduct"rs and rebellion
against the state are not seriously re-
gardcd hy your government.
In Who's" interest. then. is the
charge Of false swearing brought
against Jenkins? His abGuctors? He
is in oIIity tho complainant IN tho cas-"
" his abduction. not IN" defendant, as
Tho Mexican government now makes
him out to be-. Tn" Mexican govern
m"nt IS prosecuting the victim inst""d
Of IN" pcrpCtratnr Of tho crime. While
tn" outlaws who endangered his life
and took away \ large part Of his for
tun" enjoy their freedom. tho Mexican
ar0horitics now deprive Jenkins Of his
liberty. Moreover. tn" ground express
Cd for the Imprisonment Of Jenkins
namely. that he is supposed to be re-
spnnsihl" for the crime Of rendering
false Judicial tcstimony--must be taken.
and my government directs special nj
tcntion 10 thLs pont--as merely an eN-
preston Of opinion on the part Of the
Mexican government. rs il is entirely
unsupported by evidence. There Is not