Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-11-27

in the note to which I am replying;
and 1t has for this strong reasons.
founded on the rights Of peoples and
acter.
AS to the first rights. the government
believes no other government can make
diplomatic claims for one of it's sub
)ects abroad. save in the case where
justice is denied, or where the SEN
tence is VIGOROUSLY excessive, which
is also in international law a denial
OF justice; and that the practice which
has been invariably observed has been
that OF waiting for the tribunals hav.
ing cognizance, of a case, involving a
foreigner. to pronounce a Judgment
that, as I have said, il it were no.
toriously unjust. would be the only
basis for a claim
AS to the constitutional viewpoint,
our political constitution establishes
as a fundamental principle the sep
arat1on of the executive power from
that Of the judicial. and by virtue of
power to interfere in the business of
the latter.
likewise, the autonomy of the vari-
Gus states is guaranteed in our con-
stitution. and by virtue of the feder-
atlVe structure of the Mexican re-
public the federal power cannot in
tervene in affairs which, like that of
Mr.. Jenkins. belongs properly and ex-
ciusively to the authorities of the
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
1unctionary. gould with reason refuse
TO OBEY such an order. The executive
would thus be lacking in the first duty
OF all governments duty that he has
always tried to observe-that of re-
speeding the laws of the country, and
causing them to be respected
therefore, such line of conduct, in
the opinion of the Mexican govern
ment, cannot unfavorably affect the
relations Of friendship which, fortu-
nately. exist between it and the United
StateS-especially since the matter is
SO simple one-in which, by a SIM
pie request, Mr.. Jenkins could be at
liberty; for never should there be
cause for friction in the fact that the
laws of each are applied equally to
citizens and foreigners.
Mexican COnsuls Held I'm U. 8.
In the United States. at times, Mex
lean consuls have suffered imprison-
ment for some acts involving the law
of the United States. Although, in the
opinion of the Mexican government.
such Improvement was not justffiable.
never has it asked that the applica-
ton of the laws of the United States
lean government always observes re-
spect for foreign laws, and does not
claim that Mexicans abroad should
occupy, because they are Mexicans,
position Of exception or privilege.
Neither in the United States nor in
Mexico can a citizen on trial be freed
by an executive order, and it would be
strange If an American citizen in Mexico
should have more rights than he would
have in his own country.
The government of Mexico likewise
cannot concede to American citizens
more rights than Mexicans enjoy in
the United States.
Asks Delay Pending Judgment.
The American government seems to
labor under the conviction Of the
spite of the fact that the case Is in
progress of investigation. The Mexi-
can government, without trying to
claim that Mr.. Jenkins is guilty, con-
fines itself to submitting the fore
going considerations to the United
States. permitting itself to hope that
the Department of State will post
pone it's judgment until the courts
have handed down their decisions.
of Mexican judges there does not lie
the desire to injure or prosecute Mr..
Jenkins, but rather that they are
possessed of a genuine desire to pro-
coed according to justice.
/ take the occasion, etc,
(Signed), HII.ARO MEDINA.
The only text of the reply received
here was in Spanish. A representa-
tive from the Mexican consulate
ish version to the press without COM
mint