The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1919-12-01

WASlilNGTON, Dec. 1.-The text
OF the note as transmitted by the
American charge at MeNico city fol-
iOWs.
n have not failed to transmit 10 my
government the noto OF the Mexican
government dated November 20, 1918,
with reference to the case of William
q. jenkins, American consular agent,
az fuebia, ana 4 am now In receipt
Of rcpiy from the government OF the
I nited states which 1 am instructed
Immediately 10 tfansmit to you.
'tHe government OF the United
states declines To be drawn into "A
Jurioical ulscuaaion OF irrelevant mat
tcrs Or uuinpOrtant incidents brought
forward in COnnt ctlOn with tins case.
ine McNtvgn government can not be
nnsied, an 1t nn.imatea, by the citation
by the / nitcd Statcs OF no principle or
preccdohs Ot International Jaw and
not uVen a reason Tor JchKins release. V.
Tor obviously no such citation ~ nee
tssary lOr tne enlightenment OF a
gONc. unlent Of the present uay. The
ahcAican govrrnncut believes, nnd
risntiy 80, tnat tne American request
ivr JuukIns gcitasc ~ not based
solely ON the strength Of the ooun-
try which makes u; Tor u knows the
ruques, ~ founded on tho justice of
the rignt OF an American cttizen ana
I nitca states consular agent TO iair
treatment while residing ana ais
CiLsising his uuties wltnin Mexican
junsuiudon wan the approval anu
knoWiedge Of the neNictn goNef"-
menL
Mere Excuses.
The Mexican government may
contcad thut the Imprisonment OF the
Victiin Is necessary Tor tnc inNestiga .
tIon by a judge under the constant
vigilance OF public opinion OF the
trutn regarding ms abduction ana
tnat a Tight OF release on bail is n
palliative Tor such wrongful imprison-
incnt, Dut the Lnited states Is con-
strained to the opinion that such
arguments are mere excuses. The
government OF the United states IN
Vites ana desires the iunest possible
examination and investigation OF thus
case. but u cannot admit thHt Il Is
necessary, IN order to ascertain the
tanned In prison even WIN the priNi-
icge OF applying for bail.
My government will not and rs sat
lsficd mat Mt. jenkins viii not place
any obstacle In tho way of COM
plete ana run explanation Of himself
Or mis- Witnesses, or OF the events
leading up tC and connected with hia
prefeis To attribute the American note
to an imperfect knowledge VI the
Mexican penal laws ana proceeds 70
explain with refinement tine intricu-
Ci,s OF Mexican penal proceedings,
Hut the government OF the tni.ed
States fans go discern M their ap-
piication To this case at the hands
OF Mexican authorities any approx
nation to impartial treatment OF
jenkins and the Mexican government
knows the absence OF such treatment
is the reason for the American re-
quest
Disputes Claims.
The Mexican government maiu-
taius that II cannot grant the request
OF the United states Tor jenkins re-
lease Tor the reason that under in
| tcrnationul law no diplomatic inter
! Ncntion ~ appropriate unless a denial
OF Justice has occurred and because
the Mexican government N not In a
position to demand Jenkins release
In view OF the separation OF the oN-
| eCutiNe and judicial powers under the
| Mexican form OF government and tn,
one by which jenkins is held. The
/ succinCt answer to this contention is
as everyone knows, that a denial OF
[ Justice mas already taken place, and
7 also because the Mexican constitution
specifically gives the federal tribunals
Jurisdiction OF all eases concerning
diplomatic agents anu consular olti-
GERS
The United States is not to be
I driven by such subtle arguments into
defense OF It's request Tor the re-
lease OF MIR Jenkins. II is for Mexico
to show cause Tor his detention; moi
/ for the United States to plead Tor his
| liberation. Stripped OF eNtraneous
matter. with which the Mexican not,
OF November 20, cndeaNors To cloth,
/ IL. tho naked case OF jenkins standi
U fnTfh lgnEfng IHmlfH1 kfNIRE
I sular agent, accredited To- the govern
ment ut MeNicu, Is imprisoned toi
rendering false judicial testimony u
I connection with the abduction ol
which he was the victim. This Is ia,
! subs ,unco OF the Mexican note.
My government Is pleased to lcArr
/ that the Imprisonment Of Jenkinl
on this single and well defined
ground and that the reported state
ments that Mexican authorities had
caused the imprisonment OF Jcnkini
because ot Cullusion with his abdut
tors and rebellion against the ttat'
are not seriously regarded by youl
government,
Prosecuting the Victim.
In whose interest then II th'
charge OF false swearing brnugh
against jenkins? His abductors? lie
. IL In equity the complainant IN th'
case OF his abduction. not the defend
ant. as the Mexican government nov
makes him out to be. The Mexican
government is prosecuting the victim
instead OF the perpetrators OF th'
crime While the outlaws who en-
danEored his life and took away
large part OF his fortune enjoy thei
freedom the Mexican authoritics nov
deprive Jenkins OF his liberty. More
over, the ground expressed Tor tn
Imprisonment OF Jenkins, namely ina
he II supposed to hc responsible fo
the crime Of rendering false ludicin
testimony must be taken aud m!