125.61383J41/9: Telegram
The Chargé in Mexico (Summerlin) to the Secretary of State
[Received 6.30 p.m.]
3367. The following is a translation of the Foreign Office note dated December 16th left at the Embassy at 8 o’clock a.m. today.
Mr. Charge d’Affaires. With reference to note number 1556 of November 30 last which you transmitted to the Mexican Government by instruction of the Government of the United States, relative to the case of Mr. Jenkins, I have the honor to communicate to you by direction of the President of the Republic that the Mexican Government in answering that note will limit itself solely to considering some of the principal points which it contains without entering into a thorough examination of its arguments, only for the purpose of fixing certain necessary antecedents for its international jurisprudence and in order that its conduct may be perfectly justified before public opinion, because due to Mr. Jenkins having obtained his liberty under bail deposited in the court of Puebla by an American [Page 590] citizen it believes that all reason for misunderstanding between the two countries has disappeared and that the case of Mr. Jenkins assumes an aspect entirely different from that which it had prior to that act.
The Government of the United States declares that it refuses to enter into a judicial discussion of the various questions growing out of the Jenkins case. The Mexican Government believes on the contrary that it is not inadequate to discuss questions of law in a matter which is judicial by its very nature and from any point of view from which it may be considered; and if this Department in its former note brought forward certain points in some detail it is because the Mexican Government believes that the complete exposition of the Jenkins case is its best defense and conclusive proof of the legality of its acts.
The final paragraph of the note to which I reply, wherein the demand is renewed for the immediate release of Mr. Jenkins, is based “particularly” on the belief of the Government of the United States that the charge against Mr. Jenkins of false swearing is unfounded. Now the mere belief of the Government of the United States in the innocence of Mr. Jenkins is not sufficient under the Mexican laws to establish absolutely such innocence and to have any legal effects and the Mexican Government cannot accept this view point as a sufficient basis for withdrawing a foreign citizen from the application of the authority of the Mexican tribunals. The belief of the Government of the United States undoubtedly arises from information received on the subject, information which—apart from the value it may have and which this Department does not consider expedient to discuss—lacks the guarantees of impartiality which by their very nature are afforded by the Mexican tribunals, and that information therefore does not fulfill the requirements of absolute proof in accordance with Mexican penal procedure. The Mexican Government cannot admit that American citizens be tried and absolved on the basis of mere information of the Department of State, nor upon recommendations or suggestions of the United States, instead of by its tribunals and under its laws.
The Puebla judge having granted the release of Mr. Jenkins whose case is now being studied by the highest tribunal of the Republic to decide who is the competent judge that should try him, the Mexican Government permits itself to hope that the incident will no longer disturb the good harmony which it sincerely desires shall exist between the people of Mexico and the United States.64
I am [etc.]
Signed H. Medina.
This note was made public by Foreign Office last night and is published in full [in] today’s papers.
- The outcome of the case was reported by Mr. Jenkins in a telegram of Dec. 4, 1920, forwarded by the Chargé on the same date: “Federal Judge rendered decision in my case this morning declaring that all proof against me had disappeared and placing me in [at] liberty canceling my bond. I have certified copy of his decision which I will deliver to you Monday.” (File No. 125.61383J41/75.)↩