File No. 839.00/1811

Minister Russell to the Secretary of State

[Telegrams]

Senate has approved House proceedings of impeachment and fixed Thursday as the day for the President to answer. Congress insists that as soon as impeachment is approved by the House, President is from that moment incapacitated; but Constitution does not provide for incapacitating President from exercising functions of office until after conviction by the Senate. President maintains that proceedings have been illegal on account of force of Arias, and by our advice will leave towards capital tonight with his forces for a point near the city so as not to provoke conflict. Conference today with Arias and commanders of Prairie, Castine. Arias and supporters relying on provisions of Constitution and I am informed that President’s adherents have communicated with our President. Arias in full control of city, which is patrolled by irresponsible groups of soldiers and armed civilians.

Russell