The Dillon herald. [volume] (Dillon, S.C.) 1894-????, 1919-12-11
LANsING,s NOTE TO MEXICAN
GOVERNMENT DEMANDING
THE RELEASE OF JENKINS

DY Inc lAmeTlCdu Cudl &c at hSAhSS
City follows:
81 have not failed to transmit to
my government the note Of the Mex
icap government dated November 26,
1919, with reference to the case oil
William o. Jenkins, American con-
sslllar agent at Peublo, and 1 am now
ia receipt of a reply from the gov
ernment of the United States which
I am instructed Immediately to trans
init TO you.
1.-THE, government of the United
States declines to be, drawn into a
judicial discussion of irrelevant mat
ters or unimportant incidents brought
forward in connection with this case.
"~This government does not admit
the note says, that it is necessary to
keep Jenkins in Jail while his case
rs being investigated, and this gov
eminent fails to discern" that the
NIintricacies of the Mexican penal law
have been applied with impartial ef-
feet to Jenkins
Denial of Justice.
1.-The Mexican government cannot
argue that it cannot interfere with
the judicial process of state un-
less there has been denial Of justice,
thu American note argues because, IT
contends, there already has been a
denial of justice, and the Mexican
federal government to all cases con-
corning consular officers and diplo-
matte agents.
The United States is not to be driv-
en- by .such arguments says the
note, into a defense of its request
for the release of Mr.. Jenkins. 1t is
for Mexico to show cause for his de-
tention; not for the United States to
show cause for his liberation"
Then, the note says, stripped of
extraneous matter with which the
Mexican note of November 26 endeav-
ors 10 clothe it the naked case of
Jenkins stands forth" The note then
reviews the history of the case and
takes pthe argument.
Prosecuting Victim.
Jenkins was imprisoned for 'ren-
dering false judicial testimony" in
connection with the abduction of
which he was the victim, says the
note. In whose interest is the charge
of false swearing brought against
Jenkins?, asks the note. "His alb
ductors. The Mexican government is
prosecuting the victim instead Of the
perpetrators Of the crime.
sFWhile the outlaws who endangered
Eis life and took away large part of
his fortune enjoy their freedom the
Mexican authorities now deprive Jen-
kins of his liberty" That Jenkins is
supposed to be guilty of rendering
false judicial testimony, the note says
is merely an opinion of the Mexican
government entirely unsupported by
evidence"
N'The Mexican government" says
the American note, cannot expect
the United States to accept in the
grave circumstances of this case such
a bare unsupported statement as a
valid excuse Jenkins, weak and ex-
hausted in a hospital, the note says,
has been harassed by the Mexican au
thorities while evidence against him
was obtained through intimidation of
Witnesses"
Demand Founded on Justice.
seThe Mexican government cannot
be misled as it intimates by the cita-
tio,, by the United States of no, prinn-
cipIe' or precedent of international
law, and not even a reason for Jen-
kins' release, for obviously no such
citation is necessary for the enlight-
eminent of a government of the pres
emit day. The Mexican government
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 it
knows the request is founded On the
Justice of the right of an American
citizen and United States consular
officer 10 fair treatment while resld-
ing and discharging his duties within
Mexican jurisdiction with the knowl-
edge and approval of the Mexican
government The Mexican govern
ment may contend that the imprison7
ment of the victim is necessary for
the investigation by judge under
the constant vigilance of public opin-
iop of the truth regarding his abduc-
ton ana that right of release \on
bail is palliative for such wrongful
Imprisonment, but the United States
is constrained to the opinion that such
arguments are mere excuses. The
government Of the United States in
vites and desires the fullest possible
examination and investigation Of this
case. but 1t cannot admit that it is
necessary in order to ascertain the
facts that Mr.. jenkins should be re-
tained in prison even, with the privi-
lege of applying for bail. My govern
ment will not and is satisfied that Mr..
Jenk6ns will not place any obstacle
in tine way Of himself or witnesses.
or any gf the events leading up to
and connected with his abduction.
"Tsie Mexican government prefers
to attribute the American note to an
imperfect knowledge of the Mexican
penal laws and proceeds to explain
with refinement the intricactes OF
Mexican penal proceedings. But the
government of the United States fails
to discern in their application to this
case at the hands of Mexican' au-
thorities any approximation to i'm