817.1051/50
The Secretary of State to
the Minister in Nicaragua (Ramer)
Washington, February 17,
1925.
No. 204
Sir: With reference to the Department’s
telegram No. 26, February 10, 3 p.m., regarding the plan for the
establishment of a Constabulary in Nicaragua, there is transmitted
herewith a copy of the plan as outlined in the telegram.7
It is assumed that you will transmit to the Department a copy of the plan
as presented to the Nicaraguan Government, together with your note
presenting the plan and any other correspondence regarding it.
I am [etc.]
For the Secretary of State:
Joseph
C. Grew
[Enclosure]
Plan for the Establishment of a Constabulary in
Nicaragua
- 1.
- The Nicaraguan Government will establish a civil police force
which shall be referred to hereinafter as the
“Constabulary.”
- 2.
- The strength of the constabulary, exclusive of the American
personnel, shall be 23 officers and 392 enlisted men, but this
force will be increased should such increase appear
advisable.
- 3.
- The Constabulary is to be armed, equipped and trained as a
military police force with the object of entirely replacing the
existing national police, navy and army of Nicaragua. This force
is to be trained free from political influence as a national
institution and used only to maintain peace, law and
order.
- 4.
- To provide efficient organization and training the
Constabulary will have a division known as the “Nicaraguan
National Constabulary Training Branch.” The numerical strength
of this force will vary in size as the state of the organization
and training of the Constabulary dictates. This force will be
hereinafter referred to as the “Training Branch” and, in
counter-distinction to this branch, the remainder of the
Constabulary will be termed the “Constabulary proper.”
- 5.
- In view of the desire of Nicaraguan Government that the United
States lend its friendly cooperation in the formation of the
Constabulary it is agreed that the officers and enlisted men of
the Legation Guard, now stationed at Managua, will, until their
withdrawal, voluntarily lend their service in its formation and
training.
- 6.
- To this end it is agreed that these officers and enlisted men,
whose voluntary service the Nicaraguan Government has accepted,
shall within the training branch but not within the Constabulary
proper, have full and complete authority. It is further agreed
that upon the withdrawal of the Legation Guard detailed and more
permanent arrangements for the development of the Constabulary
will be made. In accordance with the request of the Government
of Nicaragua the Government of the United States will suggest
the names of qualified persons who may be employed under
contract by the Nicaraguan Government to take over the
management of the training branch after the withdrawal of the
Legation Guard. The Nicaraguan Government will make every effort
to obtain the services of these instructors a sufficient time in
advance of the withdrawal of the Legation Guard to assure the
uninterrupted functioning of the training branch.
- 7.
- The training branch, and all the Nicaraguan officers and
enlisted men who may from time to time compose it, is not to
come under the authority of the Ministry of War or the Commander
of the Constabulary proper but be subject directly and solely to
the command and authority of the senior American Marine Officer
who is subordinate only to the President of the Republic in all
matters pertaining thereto.
- 8.
- The commander of the training branch will prepare such rules
and regulations as may be necessary for the proper
administration, discipline and control of the Constabulary and
these rules and regulations, when approved by the President of
Nicaragua, will be binding on all persons who are or who may
become members of the Constabulary. Such persons will not be
subject to Civil Law process.
- 9.
- All officers and enlisted men of the Constabulary must first
pass through the training branch and qualify by such physical,
mental, moral and professional standards as the training branch
commander may prescribe.
- 10.
- All replacements of either officers or enlisted men must come
from the training branch.
- 11.
- Whenever the Commander of the training branch deems it
necessary all officers and enlisted men of the Constabulary
proper, either as individuals or as entire organizations, may be
returned to the training branch and their places taken by
individuals or organizations of the training branch.
- 12.
- The American Officers who have volunteered their services with
the training branch will have the authority to make such
inspections of the Constabulary proper as the Commander of the
training branch deems desirable and necessary.
- 13.
- The procurement of all supplies for the Constabulary will be
made by the Supply Officer of the training branch who will honor
all reasonable and necessary requisitions from the supply
officers of the Constabulary proper.
- 14.
- Such existing army supplies, buildings, grounds and other army
utilities as may be considered by the Commander of the training
branch necessary for the establishment and maintenance of the
Constabulary are to be placed at his disposal by the Nicaraguan
Government.
- 15.
- The Nicaraguan Government will appropriate in its annual
budget the funds necessary for the execution of this plan, as
set forth in the appendix hereof. Checks drawn against this
appropriation must in each case be approved by the supply
officer of the training branch.
- 16.
- All disbursements for the Constabulary accounts will be made
by the supply officer of the training branch. Officers accounts
may be audited not to exceed twice in one year by a competent
auditing commission (which is to be selected by the American
Minister to Nicaragua and the Nicaraguan Minister of Finance.)
Unless the question of the correctness of the auditing of the
accounts be presented within thirty days after the auditing of
the accounts, no question concerning the correctness of such
auditing shall thereafter be raised. If the correctness or
legality of any payment cannot be satisfactorily determined by
conference between the auditing commission and the Supply
Officer, the matter shall be referred to the American Minister
to Nicaragua and the Nicaraguan Minister of Finance, whose
decision is to be final. If any account is paid in good faith
and with honest intention no disallowance of such account shall
be made.
- 17.
- American officers and enlisted men who are being utilized in
the training branch of the Constabulary shall enjoy the
privileges of free entry into Nicaragua of their personal and
household effects and other supplies needed for their personal
and family use.
- 18.
- Such changes in the present arrangement as may seem necessary
on account of the withdrawal of the Legation Guard, or at any
future time, will be made by the Nicaraguan Government in
consultation with the Government of the United States.
