Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1919-11-28

his liberty on bail. The Mexican law
is very liberal about this, since all that
is necessary is a request and the pro-
duction Of the sum fixed by the judge.
Mr. Jenkins refusal TO exercise this
right Notwithstanding that he was
asked to do so several times, and the
fact that the judge has fixed for him
as bond the sum of 1000 pesos. cannot
permit him TO call himself the victim
of injuries which he has brought upon
himself,
Jenkins Liberation Refused.
Mr.. jenkins, finding himself, then,
involved in a trial that is being con-
Quoted according TO law, under the
jurisdiction 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 in
the note To which ] am replying; and
II has for this strong reasons, founded
on the rights of the peoples and con-
siderations of constitutional character.
As to the first rights, the govern
ment believes that no other govern
ment can make diplomatic claims for
one of its subjects abroad, save in the
case where justice is denied, or where
the sentence IS VIGOROUSLY excessive,
which is also in International law de-
NAL Of justice; and that the practice
which has been Invariably observed
has been that Of waiting for the tri-
bunals having cOgniZance of case,
q,
judgment that, as I have said, if it
were VIGOROUSLY unjust, would be the
only basis for a claim.
Constitutional Viewpoint.
As to the constitutional viewpoint,
our political constitution establishes
as a fundamental principle, the sepa-
ration of the executive power from
that of the judicial, and by virtue of
this, the executive does not have the
power to interfere in the business of
the latter.
Likewise the autonomy of the varl-
Gus states is guaranteed in our con-
stitution, and by virtue of the fedora
tive structure Of the Mexican repub-
lie, the federal power cannot intervene
in affairs which, like that of Mr..
Jenkins, belongs properly and lex
{ &
state of Puebla. For this reason, the
executive could not order the judge
having jurisdiction of the case to free
Mr. Jenkins, because this latter func-
tionary could with reason refuse to
obey such an order. The executive
would tlals be lacking in the first
duty of ~ governmment--a duty that
he has always tried TO observe-that
of respecting the laws of the country
and causing them to be respected.
Matter Is a Simple One.
Therefore, such a line OF conduct,
in 1.-THE opinion of the Mexican gov
ernment, cannot unfavOrably affect
the relations OF friendship which for
tunately exist between it and the
! United subsequently, since the
matter is so simple a one-in which,
| by simple request, Mr.. Jenkins could
be at liberty; for never should there
| be cause for friction the fact that the
| laws of each are applied equally to
| citizens and foreigners.
In the United States at times,
! Mexican consuls have suffered inn
| prisonment for some acts involving
! the law of the United States. AL
| though in the opinion of the Mexican
| government such imprisonment was
! not justifiable, never has it asked that
| the application of the laws of the
| United states be not made in each
| case, for the Mexican government al
ways observes respect for foreign
! laws, and does not claim that Next
cans abroad should occupy because
! they are MeXicans, a position of Elk
ception or privilege.
Neither in the United States nor in