New-York tribune., 1919-12-02
Mexican Note
Is Dismissed
AS 'Excusse'
Continued from page /

government of the United States
which | am instructed Immediately
to transmit to you.
The government Of the United
States declines to be drawn into a
judicial discussion of irrelevant
matters or unimporrant incidents
brought forward in connection with
this case, The Mexican government
cannot be misled, as it intimates, by
the citation by the United States of
70 principle or precedent Of inter-
national law and not even a reason
for Jenkins's release; for obviously
no such citation IS necessary for the
enlightenment Of government of
the present day. The Mexican gov
crnment believes, and rightly so,
tha. the American request for Jen-
kins's release is not based on solely
the strength of the country which
makes it,, for it knows the request
IS founded on the justice the
right of an American citizen and
United States consular officer to
fair treatment while residing and
discharging his duties within Mex
ican jurisdiction with the knowledge
and approval of the Mexican gov
eminent. The Mexican government
may contend that the imprisonment
Of the victim is necessary for the
investigation by judge under the
constant vigilance OF public o, inion'
o. the truth regarding his abduction
and that right of release on bail
IS palliative for such wrongful
Imprisonment but the United States
IS constrained to the opinion tina.
such arguments are mere excuses.
Full Inquiry Demanded
The government Of the United
States invites and desires the fullest
possible examination and investiga-
ton OF this case, but it cannot admit
that 1t is necessary in order to as
certain the facts that Mr.. Jenkins
should be retained in prison even
with the privilege of applying for
bail. Ny government will not. and
Is satisfied that Mr.. Jenkins will not,
place any obstacle in the way OF
complete and full examination Of
himself or his witness or OF the
events leading up to and connected
With his abduction. The Mexican
government prefers TO attribute the
American note 70 an imperfect
knowledge OF the Mexican penal laws
and proceeds to explain with refine
ment the intricacics of Mexican
penal proceedings But the govern
ment 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
partial treatment Of Jenkins. and the
Mexican government knows the ab-
sence OF such treatment is the
reason for the American request.
The Mexican government main
tains that it cannot grant the re-
quest Of the United States for
Jenkins 5 release Tor the reason that
matte Intervention is appropriate
unless denia o justice has oc-
CURED and because the Mexican gov
mard Jenkinss 5 release in The view
Of the executive and judicial powers
under the Mexican form of govern
ment and the Independence of the
state courts. by one OF which
Jenkins is held The succinct answer
to this contention is, as every one
knows, that denial of justice has
already taken place, and also be-
cause the Mexican constitution spe-
clhcally gives the federal tribunals
iur' sdiction Of all cases concerning
diplomatic agents and consular
oiicers'
Puts Burden on Mexico
The United States is not to be
driven by such subtle argument into
defense OF its request for the re-
ease Of Mr.. Jenkins. 1t is for Mexico
70 snow cause for his detention. not
for the United States to plead for his
liberation. Stripped Of extraneous
matter, with which the Mexican note
OF November 26 endeavors to clothc
it, the naked case of Jenkins stands
forth: Jenkins, a United States con-
sular agent. accredited TO the gov
ernment of Mexico, is imprisoned for
rendering false judicial testimony
in connection with the abduction Of
which he was the victim This is the
substance Of the Mexican note.
NY government is pleased to learn
that the Imprisonment of Jenkins