The weekly Iberian. (New Iberia, La.) 1894-1946, 1919-12-06
REFUSE U.S.. DEMANDS
FEy y'TTw gFqF7rrTY7C7 Harw
Mexico Declares ii Can't Ac,
cedo TO Request of U. S.
Regarding Jenkins.

Mexico City. Declaring there is ''nt
legal foundation nor principle of inter
national law upon which the United
I States bases its demand for the imme
date release of William O. Jenkins
United States consular agent at Pueb
/ la. the Mexican government through
! Hiiario Medina. undersecretary of for
! eign relations, Wednesday stated il
! 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 | am instructed
by the president of the republic to
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
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 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 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 victim.
Nevertheless this Imprisonment
does not of itself signify that Mr.. Jen-
kins is guilty, because such fact can
only be established by definite judg
ment
Mr. Jenkins has undergone a pre-
ventive detention, first and then
formal Imprisonment of seventy-two
hours. 1t 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 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
lsdiction of Judge whose proceed
Ings are open, and are constantly I'M
der the vigilance of public opinion |
which is interested in learning the |
ruth of the affair, the Mexican gov
finds itself under the neces- (
,ity of not being able to accede to the I
demand for liberation, contained in the /
1ote to which | am replying; and 1t |
has for this strong reason. founded on
he rights of peoples and considera-
ions of constitutional character.
As to the first rights the govern
nent believes no other government
an make diplomatic claims for one
II its subjects abroad, save in the
.ase where justice is denied, or where
he sentence is VIGOROUSLY excessive, !
which is also in international law
lenial of justice and that practice
which has been invariably observed
las been that of waiting for the tri-
'unals having cognizance of a case
INVOLVING foreigner to pronounce a
Judgment that, as | have said, If It
we're VIGOROUSLY unjust would be the
My basis for claim
AS to the constitutional viewpoint,
ur political constitution establishes
S fundamental principle the sepa-
alton Of the executive power from
hat of the judicial, and by virtue of
his, the executive does not have the
over to interfere in the business Of
he latter.
Likewise the autonomy OF the vari-
us states is guaranteed In our consti-
Ition, and by virtue of the federal
,ructure of the Mexican Republic the
,deral power can not intervent in af-
lirs which, like that of Mr. Jenkins,
elongs properly and exclusively to
le authorities of the state of Puebla.
or this reason the executive could
OF order the judge having jurisdic-
on of the case to free Mr.. Jenkins |
ecause this latter functionary could
it'll reason refuse to obey such an