Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1920-11-24
THE QUALITY OF MERCY is STRAINED

The last prop under the Pershng expedition
into Mexico. a serious international undertaking..
has been removed. The sixteen followers of Fran
cisco Villa-erstwhile bandit leader, but a
country gentleman in the state of Durango-who
have been serving long sentences In the state peni
tertiary for their connection with the Columbus
raid of March 9. 1915, have been granted full
pardon by Governor LarraZolo.
These men were captured by the Pershing ex-
petition and brought back to New Mexico for trial.
Fifteen Of them pleaded guilty to murder in the
second degree. The other found guilty
of murder in the first degree, was sentenced to
hang, but escaped with life sentence by a pre-
vious governors Communication.
In the pardoning order, Governor LarrazolU
gives his for clemency quite extensively We
frank to say that cannot agree with his
logic, because of what we conceive to be fatal
weakness in his premise, as well as because of
minor inconsistencies in the presentation of
his arguments
Let consider the lesser difficulties first With
reference to whether state of existed be-
tween the United States and Mexico at the time
OF the raid, the governor says:
IF. the other hand, our relations with
Mexico had not been reinstated, but the state
of war still continued to exist. then this point
becomes VERY MATERIAL ana ESSENTIAL
because in that case it is plain to that these
and should have been treated and dealt with
such according to the rules of civilized
fare"
Then in the very next paragraph, Mr.. LARA
zolo continues
BE this it may, however the decision
Of this point is not essential, according to my
views in the proper determination of the petit
ton for pardon involved in this proceeding be-
cause under the views that have in this case.
inf xNbirb ind
is absolutely conclusive in the determine
ton of the proposition of whether or not these
defendants are guilty of the crime for which
they stand convicted"
In other words. the governor stoutly declares
that the question of a state of war with Mexico
VEL NON if answered in the affirmative, be
comes very material and essential" in the very
next paragraph, he declares with equal emphasis,
that the decision of this point is NOT essential"
Surely our governor who is usually so keen
and close reasoner, must have been nodding when
he wrote these lines!
Again his excellency quotes from the case of
Arce ct al vs. the State of Texas, 202 S. w, page
951, as supporting his view that the Vilstas We're
carrying out the instructions of their superior Of
ficers, and were stherefore not crminay liable
FOR their acts The governor however, seems to
have failed to notice that in the Texas case, the
Mexican troops involved were de facto forces,
fighting under the banner of President Carranza,
whom the United States had already recognized On
the other hand, at the time of the Columbus raid.
Villa was not enjoying the official recognition Of
the United States
This brings us to consideration Of the in
herent weakness Of the governors leading premise
namely. that the Vstas common soldiers,
under military discipline and therefore not liable
for acts committed in obedience to the commands
of their superior officers.
We insist that these sixteen Villistas were not
soldiers. in the international sense of the word.
They were not belligerents because the United
States had recognized the Carranza government.
laws.
In word these sixteen men were not soldiers,
but outlaws branded by government which the
United States had officially recognized several
months before--on October 10. 1915, to be exact.
Not being beligerents, they were not entitled to
the protection from criminal prosecution that is
accorded to prisoners of In fact these six
teen men could not have been regarded pfis-
oners OF war, BECAUSE THERE WAS NO WAR.
BY recognizing Carranza. the United States i'm
phedy dismissed the Vera Cruz incident casus
bell Mexico did likewise for November 4,
1915 President Carranza according to an Associated
Press dispatch from Eagle Pass, Texas expressed
appreciation "for what the United States govern
ment has done for him. and hoped that dplo-
matte relations between the United States and
Mexico would be resumed within short time.
While the relations between the two countries
were not yet of strictly official diplomatic
had- transmitted its