Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1919-12-01
llMERN NAIN GOV SENDS
ANOTHER NOTE TO EXlCO TO .
ATTEMPT TO Rel ASE JENKINS
TEXT OF NOTE
TO MEXICAN

Warrington. Dec. 1.-The text Of
the note a. transmitted by the Amert-,
can charge at Mexico City follows: 4
- have not failed to transmit to my
government the note OF the Mexican
government dated November 26, 1919
with reference to. the case OF William
O. Jenkins, American consular agent
at Puebla, and am now in receipt Of
q reply from the government Of the
United States which I am Instructed
Immediately to transmit to you.,,
The government Of the United
States declines to be drawn into q,
judicial discussion Of irrevelant mat
'ters or unimportant incidents brought
forward in connection with this case.
,misled, as 1t intimates,b by the cita-'
ton by the United States of no princi-
pie or precedent Of international law
and not even q reason for jenkins
release for obviously no such citation
Is necessary for the enlightenment Of
government of the present day. The
Mexican government believes, and
rightly 80, that the American request
for Jenkins. release is not based on
solely the strength Of the country
which makes it; for 1t knows the re-
quest is founded on the justice of the
right Of an American citizen and
United States consular agent to fair
treatment while residing and dis
charging his duties within Mexican
jurisdiction with the approval and
knowledge Of the Mexican govern
contend that the imprisonment OF the
victim Is necessary for the tnvestiga-
ton by a Judge under the constant
vigilance of public opinion OF the
truth regarding his abduction and
that a right Of release on bail is q
palliative for such wrongful imprison-
ment, but the United States is con-
strained to the opinion that such ar
gunnents are mere excuses. The gov
and desires the fullest possible exam
fnation and investigation of this case.
but it can not admit that 1t is neces-
sary in order to ascertain the facts
that Mr.. Jenkins should be- retained in
prison even with the privilege Of ap-
plying for bail. My government will
not and IS satisfied that Mr.. Jenkins
Of q complete and full examination OF
himself or his witnesses or Of the
events leading up to and connected
with his abduction The Mexican gov
ernment prefers to attribute the
American notesto an imperfect knowl-
edge of the Mexican penak laws and
proceeds to explain With refinement
ana 91nrE1cACle0gOI Mex1Can penal pro-
ceetingA But the government Of the
Unfteds States fails to discern In their
application TO this case at the hands OF
Mexican authorities any approxima-
tion to impartial treatment Of Jen-
kins and ;, the Mexican government
knows the absence Of such treatment
lis is the reason; TOR the, Ansracah. re-
quest.
NIexico's Explanation. 81
''The2 Mexican goyernment main
tains that 'it c4n, not grant the request
0f the United sStates for jenkins re-
lease for. the reason that under inter
national law no diplomatic interven-
tionS is appropriate unless a denial Of
justice has occurred and because the
Mexican government. rs not in a posi-
ton, to demand Jenkins release In
view Of the separation of the execu-
tive and judicial powers under the
Mexican form Of government and the
independence Of the state courts, by
one of which Jenkins Is held. The sue
clint answer to this contention is. as
everyone knows, that a denial Of just
ice has already taken place and also
because the Mexican constitution spe-
cifically gives the federal tribunals
jurisdiction Of all cases concerning