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Show Mexican Government is Arraigned I In Severe Terms by the American I State Department in Latest Note I HUD STATES A SHARP NOTE JO MEXICO Declines to Be Drawn Into Judicial Discussion on I "Irrelevant or Unimportant Matters" and De- dares Request for Release of Jenkins Is Just I And Right and Carranza Arguments Consid-I Consid-I ered "Mere Excuses" U. S. Does Not Admit I That It Is Necessary to Keep Jenkins in Jail. WASHINGTON. Dec. 1 . Renewing its request for the I immediate release of Consular Agent Jenkins, imprisoned at Puebla. the United States in the latest note to Mexico, made I public here today, arraigns the Mexican government's conduct I b severe terms and characterizes it as "a studied attempt to I ensnare the American consular agent in the intricacies of legal I proceedings." j No ultimatum was served and no indication was given of I I what the American government 'a course would be if Jenkins I is not immediately released. The note says the only conclusion this government can I draw is that Mexico has made "a studied effort" to ensnare I Jenkins in legal intricacies, divert the attention of the Mexican I ind American people, both, from the fact that the second larg- 1 U est city in Mexico is overrun by bandits and that the Mexican i i B authorities have been negligent, j "It appears," says the note, "to have been the purpose of I Ij the Mexican government to assume a wilful indifference to I the feeling of the American people that have been aroused to I the point of indignation by the exposure, hardships and physi-I physi-I cal treatment at the hands of the Mexican authorities. EL PASO, Tex., Dec. 1 An unverified report was cur-I cur-I rent here today that William O. Jenkins, American consular I agent at Pucbla, Mexico, had been liberated from jail. Andres I G. Garcia, consul general for Mexico here, said he had heard B the report, but no verification of the rumor had been received I 1 1 ' Vrai i 1 1 1 I i lo Mexico i tin ca Mb)' saying the United States declined drawn Into n I ' ' ;nt volant or nnlmp t v" V4 sa; th.- I uwi'j n s, ., .,. . . found n . Ight und j Mir." I The I'nltcd States. Ili r.-.l' .,? i.i Patutralned to t 1 . - oi.,ruon ili.it in.' lu an.Mim.--nt. that the ca is b j I """ic ' '-'1 r ! Hi- i liai not I I fcfcn C'j-..i 1 :,,' i,. i., i.i. u on ball p Vy mm nl do nol admit I hi jj rtkin, in jail whlli h Mlrn." i, ,-. pel T "i t-. Jcnk r 1 ' -n k -..v.. , n ,, ,i- . -hi..' I 1 ; PCt! of a Mat' Villi-1 1 i . Im. I " n ;HtlaI of Justi,-,.. ih, Anx-il. mi not.-uinu'-. b ,t. j i . ,,,, j i . J1 l" 1 nn.l the ' ; ids the powei ! ml frdtral government ly all rages Jn'ng com lar offlci l I ag'-ntf " j ' ''' -i ,-. ,: not t,, b. driven R anbtle argument.)" tlv into n dtfenat of Iti roqtiMl for Ika '"' Ml ' 1 1 1 M" 6, , ' I i 1 dot. in ion : J 'or i., i ,,,,,,, SI:i,,.g ,0 gl)OW tauM TT" liberation " tury0T'' 'h' not' Baya "tnppcd of ex- ; I . r v.itb which the M xl n I' Ik. il',' hi I tttk." r,"k' ,J ""' tfj Kg Tf1' n"'' !'-M--tvf the III;-'. it j nnJ "ll- s uu the argument S n6 Imprisoned for "rendering ijilsc Judicial testimony." In connection with the abduction of which he was the victim. sa8 the note. "In whose Interest Is the charge of faUe swearing brought I against Jenkins?" nsks the note "His ! ..l.du.-tors? The Mexican government is prosceotlng the victim Instead of the perpetrator. of the crime." While the outlaws who ndngere I his life and took uwm a larf?e part of his fortune enjoy their freedom, the Mexican Mex-ican authorities now deprive Jenkins rf his liberty.'' That Jenkins is suppoii to be guilty of rendering false Judicial toatlmoriy. the note says. T invrcly an opinion of the Mexican government "cn- , tircly unsupported by evidence." "Tho Mexican government." says the American note, "cannot expect the United States to aOCept In the grave circun- 1 BtaUIOM of the OMCi aurh a bare unsiip-ported unsiip-ported Bt.ttnant as a valid excuse." j Jenkins, weak and exhausted In a hos- , pltal, the note says, haf been harrassed by the Mexican authorities while evidence against him was obtained through Intimidation Intimi-dation of wUneeiee Text of Note. The text of the nole as transmitted b) the American Charge at Mexico City follows: "I have not failed to transmit to my government the note of the Mexican Lfuernment dated November 26. 1919, with reference to the rase of William tanking, American consular agent I at Puc-bla. and 1 am now in receipt of ja reply from the government of the j United States which I am instructed j immediately to transmit to you "The government of the United i States declines to be drawn into a judicial ju-dicial discussion of Irrelevant matters mat-ters or unimportant incidents brought i forward in connection with this ease. The Mexican government cannot be misled, as It Intimates, by the citation by the United States of 'no principle ur precedent of International law and ; not even a reason' for Jenkins" release, re-lease, for obviously no such citation necessary for the enlightenment of a cmrrnmcnt of the present day. Thej Mexican government believes, andi rightly so, that the American request 1 for Jenkins' release Is not based 'sole-i ly on the strength of the country which makes it'; for it knows the request re-quest is founded on the justice of the! right of an American citizen and Unit-j ed States consular agent to fair treat-1 mcnt while residing and discharging his duties within Mexican jurisdiction with the approval and knowdedge of the Mexican government. The Mexican Mexi-can government ma contend that the-imprisonment the-imprisonment of the victim is neces I sary for the in estis;.tlon by a Ji'.dge inder the constant vigilance of public pub-lic opinion' of the truth regarding his abduction and that a right of a release I on bail is a palliative for such wrong ; ful imprisonment, hut the United ! States is constrained to the opinion, that such arguments are mere excus. -The government of the United Slates j invites and desires the full possible' examination and investigation of this' case, but it cannot admit that it is i necessary in order to ascertain the facta that Mr Jenkins should be retained re-tained in prison even with the prii leges of applying for bail. My government govern-ment will not, and is satisfied 'hat I Mr. Jenkins will not place any obstacle obsta-cle in the way of a complete- and full examination of himself or his witnesses, wit-nesses, or of the events leading up to ond connected with his abduction. The ' Mexican government prefers to attribute attri-bute the American note to an imner feet knowledge o the Mexican penal laws' and proceeds to explain with refinement re-finement the intricacies of Mexican penal proceedings But the got i rn ment of the United States fails to die cern in their application to thi.-. ca at the hands of Mexican authorities a i; approximation to impartial treatment treat-ment of Jenkins and the Mexican gov ernment knows the absence of such treatment is the reason for the American Ameri-can request. "The Mexican government maintains' that it cannot grant the request of the; United States for Jenkins' release lor fin- reason that under international i law no diplomatic intervention i- appropriate ap-propriate unless a denial of justice has occurred and because the Mexican government is not in a position to de-1 inand Jenkins' release in view of the J separation of the executive and judicial ju-dicial powers under the Mexican form of government and the lndepend ncc of state courts at one of these Jenkins is held. A succinct answer to this re- j quest is, as everyone knows, that a i denial of Justice has already taken place, and also because the Mexican constitution specifically gives the fed eral tribunals jurisdiction of 'all cases concerning diplomatic agents and con-1 sular offers." "The United States is not to be driven driv-en by such subtle arguments Into a de tense of its request for the release of Mr. Jenkins. It is for Mexico to show cause fot his detention, not for the United States to plead for his libera tion. Stripped ui et rane-oe.s matter, with which the Mexican note of No ember 20 endeavors to clothe it, the naked case of Jenkins stands forth: Jenkins, a I'nited States consular agent, accredited to the government of Mexico, is imprisoned for 'rendering lal... judicial testimony ' In connection connec-tion with the abduction of which he wa3 the victim This is the substance of the Mexican note. .u guveruiueui is pieaaeu u .e.nn that the imprisonment of Jenkins Btgnda on this single, and well defined ' ground, and that the reported state I ments that Mexican authorities had caused the imprisonment of Jenkins because of collusion with his abductors . and rebellion against the state are ncy ; seriously regarded by your govern- ment. "In who.se interest ihtn is the charge of false swearing brought against Jenkins? His abductors? He is in equity the complainant in the case of his abduction, not the defendant, as1 the Mexican government now makes! him out to be. The Mexican govern- j ment is prosecuting the victim Instead of the perpettators of the crime While the outlaws who endangered his life and took away a large part of his iortune enjoy their freedom, the Me lean authorities now deprive Jenkins of his liberty. Moreover, the ground e xpresses for the imprisonment of i tonkins, nnmely. that he is supposed io be responsible for the crime of rendering false judicial testimony must be taken and my government directs special attention to this point as merely an expression of opinion on the part of the Mexican government govern-ment as it la entirely unsupported by evidence There is not produced any of the testimony to show the correctness correct-ness of this opinion. The Mexican government cannot expect the United Stales to accept in the grave circumstances circum-stances of bare unsupported statement i as a valid excuse for the imprisonment imprison-ment of an American consular of i'.cer, particularly in view of the fact that the investigation of the case by! the representatives of the United; States in Mexico so far as it has pro- j '.ceded, fails utterly to support this' opinion of your government On the contrary, the investigation gives the government of the United States every reason to believe ihal Mr. Jankins has not knowing! given any false t est t mony in respect of vital points in his case although he htt3 been harassed by Mexican authorities to give such testimony and even Wnile lying in the hospital too weak and exhausted to make thetn as a result ot his treatment by the abductors, and while he knew evidence was being obtain. ..it him through intimidation of witnesses. So stands the single, unsupported and mj government believes utterly un rounded, ground alleged for Jenkins" Imprisonment What conclusion la to be draws :rom such a reply of the Mexican ro - rnment other than lb re has been a -tudied effort on the part of Mexican authorities to ensnare Jenkins In the intricacies of legal proceedings by alleging the commission of technical Offensea and by brinting unsupported charges against him for a purpose: In he first place, to divert the attention Oi 'he American public and the American Ameri-can government and. indeed, of Mexicans Mexi-cans themselves, from the uctual sun. i tion. namely that ruebin, the cap tal of the state of Fuebla, and- perhaps Ihe second larc'H en-, in Mexico, is without adequate protection from outlaws out-laws who infest the immediate neighborhood neigh-borhood and who wen accustomed openly and freely lo vlsp the city Without hindrance, that with the fail-ire fail-ire to furnish adequate protection in this district the Mexican authorities i have, through their negligence, made , possible the abduction of Jenkins, and that In harmony with such an attitude on the part of the Mexican authorities Ithey have failed to carry out the duty and obligation incumbent upon them io apprehend and punish Hie Bandli -'concerned in the crime of which Jen-kin, Jen-kin, was the victim And in ihe Becond place it appears to hai h..n !tlie purpose of the Mexican government govern-ment to assume a wilful indifference to the feelings of the American people peo-ple that have been aroused to the , point ol Indignation by the exposure, hardships and physical suffering en-lured en-lured by Jenkins during his abduc-;tion abduc-;tion and his subsequent treatment at the hands i Mexican authorities In vjev of the considerations which have been set forth and in view particularly of the belief of my government gov-ernment that the charge against Jenkins of deliberate false swearing Is unfounded, the go ernment of the I nited Stales niust renew its request i or the immediate release of Consular Agent Jenkins from further imprisonment. imprison-ment. (Slmd) "LANSING." |
