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Show REFUSES TO SET JEMS AT LIBERTY I j Mexican Government Flatly Declines to Accede Ac-cede to Demand Made on Carranza by U. S. No Legal Foundation Nor Principle of Inter-1 national Law Warrant-j ing Action, Is Answer, j MiCXICO CITY, Nov. 2. Declaring there is "no legal foundation nor principle princi-ple of international law" upon which the United States bases its demand for the immediate release of William O, Jenkins, United States consular agent at Puebla, the Mexican government, through Hllario Medina, undersecretary of foreign relations, rela-tions, tonight stated that tt was impossible im-possible to accede to the request of the American state department. It Is asserted that the executive department de-partment cannot, under Mexican law, Intervene at this moment In an affair which Is strictly in the hands of state courta. it is declared the imprisonment of Mr. Jenkins was neither unjustified nor arbitrary and that Mr. Jenkins is preventing his own freedom by refusing to give ball, for which reason, it Is said, "he cannot be considered a victim of molestation." By tha Associated Press. EL. PASO, Nov. 2o. Tho text of the reply of the Mexican government to the note of the United States, asking the immediate im-mediate release of William O. Jenkins. American consular agent at Puenla. Mexico, wa3 received tonight by Andres G. GVrcia, consul "general at El Paso. It follows: "Mr. George L. Bummerlin. Acting Charge d'Affaires for the United States of America: I "Sir I am instructed by the president of tlie republic to answer herewith your note of November "0, which you addressed ad-dressed to the Mexican government on instructions from the state department of the United States. SAYS ACTION IS WITHOUT PRECEDENT. "You will no doubt realize the fact that no legal foundation, principle or precedent of international right, or even of reason, is invoked in the demand for the immediate liberation of Mr. Jenkins, who, as you know, is at present under the Jurisdiction of a Judge of the city of Puebla. "The Mexican government cannot see what tlie foundat-on for, such a demand might be. It believes that it can be only the power of the country that makes it. although the United States has expressed the desire on various occasions that right and justice should be the basis of its diplomacy, and respect for weak countries coun-tries the basis of Its international relations rela-tions on the continent. "The terms of a note which I am answering are attributed by my government govern-ment to an imperfect understanding of our penal laws. The imprisonment is neither unjust nor arbitrary, as your note states, since Mr. Jenkins himself has signed contradictory statements regarding re-garding the kidnaping of which he was a victim. The judge has had ample foundation to suppose that he was guilty of the crime of falsifying judicial declarations, declara-tions, and this has caused his imprisonment. imprison-ment. DOES NOT SIGNIFY JENKINS'S GUILT. "Nevertheless,' this Imprisonment doe j not of Itself signify that Mr. Jenkins is I guilty, because such a fact can only be j estahlisheJ by a definitive judgment. j "Your excellency knows tiiat the criminal crim-inal proceedings In Mexico Involve three) classes of imprisonment: Preventive, : when it Is suspected that a person has criminal complicity In an act; formal, When against the accused there is suffl- ! cient evidence in the judgment of tho magistrate to suppose that the accused Is guilty of tho crime; and ordinary im- I prlaonment, which involves a definitive I sentence as the penalty provided for the . crime and tlie guilt of the accused duly j proved. The two first classes of Impris- onment are not legally penalties, but re- , stricttons to the liberty of the accused, ponding investigation. The judgment may also declare tho Innocence of the ac- ' cused. I "Mr. Jenkins .-ss ur.d-rgone a preventive pre-ventive detention first, and then a formal for-mal imprisonment of seventy-two hours. It Is becauso of this that he was re- j arrested, and this Is a fact that seems to be considered by the government of the United States as persecution or a series of injuries that are inflicted unjustly un-justly on the consul. MAY OBTAIN HIS LIBERTY ON BAIL. "In the course of the trial, at any time, the accused may asb and obtain .;!s 11b-ertv 11b-ertv on ball. The Mexican law Is very liberal about this, since all tha is necessary neces-sary Is a request and the production of (Continued on Page 10. Column 4.) 4 REFUSES TO SET JENKINS AT LIBERTY (Continued lrom Page One.) jthe sum fixed hv the Judge. Mr. Jenkins's I refusal to exercise this right, notwithstanding notwith-standing that he. was asked to do so eev-I eev-I eral times, and the fact that the judge has fixed for him as hond tho sum of loao pesos, cannot permit him strictly to I call himself tho victim of Injuries wr.ich I he has brought upon himself. "Mr. Jenkins, finding himself, then. Involved In-volved In a trial that is being conducted according to law. under the jurisdiction of a Judge whose proceedings are open and are constantly under the vlfllance of public opinion, which Is Interested In learning the truth of the affair, the Mexl. can government finds Itself under the necessity of not being able to accede to the demand for liberation contained In the note to which I am replying; and It has for this strong reasons, founded on the rights of the peoples and considerations considera-tions of constitutional character. MEXICAN CONTENTION SET FORTH IN NOTE. "Ab to the first rlRht. the Rovernment MMVH no other MHII IIIHOIll can mak diplomatic claim for one of Its mtbjcct" Abrond. !av In the case where Juatlct' 1 denied, or where the sentence Is notoriously notori-ously excessive, which Is also in lnrr- I national law a denial of Justice; and that the practice which has ben Invariably I observed has been that of waiting for the tribunals ha vine; cocnixanee of a case, involving; a foreigner, to pronounce a JudRment that, as I have said. If It were notoriously unjust, would be the only hal for a claim. "As to the constitutional viewpoint, our political constitution establishes as a fundamental principle tho separation of the executive power from that of the Judicial, and. by virtu of this, the ex ecutlve does not have the power to inter-fcro inter-fcro in the business of the latter. Autonomy Is Guaranteed. "Likewise, the autonomy rf the various states is guaranteed in our constitution, and by virtue of the federative structure of the Mexican republic the federal rowr ennnot Intervene In affairs which, like that of Mr. Jenkins, beloncs properly and e' lui rjy to the authorities of tho state of Pueblo. For this reason, the executive could not order the Judge having Jurisdiction Juris-diction of the case to free Mr. Jenkins, because this latter functionary could, with reason, refuse to obey such an ortlor. The executive would thus be l(V'kliii In the flrnt duly of all ROvernment a dutv that he h.Ts nlways tried to observe that of respecting the laws of the country and causing them to be respect ed. "Therefore, such a line of conduct. In the opinion of the Mexican government, cannot unfavorably affect t ho relations of friendship which fortunately exist between be-tween It and th" United States especially especial-ly since the matter Is so pimple a one In which, by a slmplu request. Mr. Jenkins Jen-kins could be at liberty: for nver sIkmiM t hern bo cause for friction In t he fact that the laws of each are applied equal- : ly to cltl7.Mis nnd foreigners. "In the United Slates, nt tlr-ies, Mexican Mexi-can consuls have suffered Imprisonment for nome nets Involving the laws or tho 1'nlted Pfntes. Although, In the opinion of the Mexican government, such Imprisonment Im-prisonment was not Justifiable, never has It nked thai the n pni Icat Ion of the laws of tho tfnTtod Stales ho not made In ech ens", for the Mexican government a) wn vs observes ros'wet for foreign laws and does tiot claim that Me1oatts ahroiitl should occupy, been use they are Mexl -cans, a position of exception or privilege. Executive's Hands Tied. "Neither In the T'nllnl Slates nor In Mexico enn a cltlien on trial be freed hv an executive order, and It would he ifrnnge If an American Hl'sfn In Mexico should have more rights than ho would have In his OWfl country. "The government of Ifexfoo likewise rnnot concede to American cltUens more rights than Mexicans enjoy In tho Tnlted Htnfes. "The American government seems to tabor under the conviction oT the a ban 1 ii ( innoi en' n nf Mr JKnklns, hi i M of the fact that tnf case Is In prnrrroxi nf I nvost Ignt Ion. Tho Mex Ira n iroverninent. Without Irvine to claim that Mr. Jenkins l iriWIty. confirms fti1f to submitting the foroirdmr rnn-Mrrn f lona to the ' nlf id states, permitting Itself to hop that the QenjUrt ment of h to Will post pnno Its 1tdgnnf until the courts have handed down their decisions, with the assurance that In Hie bOffOmi of Moxlcnn (UflfOl there doe tint lie the desire to Injure or persecute Mr. Tonkins, hut mtner 'hut the" are (ncisc-ed of a genuine desire to proceed according to Justice. "T take tho ocens'on. etc, "C aimed) HITjAWO MWDWA." The onlv text of (lie reply received hero vns In t-pan Mi. A ropi oon'at Ive from tbe Mexican eon nutate, general handed n rnpv of the Knnnlsh version to the press without comment. |