817.00/4431
Doctor Rodolfo Espinosa to the Secretary of State42
His Excellency, the Secretary of State: As I had the honor to inform Your Excellency in a wireless message of the 1st of this month,44 confirmed by a detailed note of the same date, His Excellency, Dr. Juan B. Sacasa, elected Vice President of Nicaragua for the term beginning on the 1st of January, 1925, and ending on the 1st of January, 1929, assumed in this city the Executive power of the Republic and organized the Government over which he presides in the name of the Constitution and by the express will of the Nicaraguan people.
Yesterday, at about 11 a.m., the warships Cleveland and Denver, without any forewarning or action of any kind, forcibly landed the regular forces of the United States Navy in the semblance of war and placed this city, the provisional residence of the Executive power, under military occupation. After the landing had taken place, the commander of the Cleveland, Mr. Lewis, and another officer presented themselves at the Executive Mansion and gave His Excellency, President Sacasa, a violent verbal warning, which, at the request of the latter, they afterwards put in writing, as follows:44a [Page 815]
“Puerto Cabezas, Nic., Dec. 23 de 1926.
Memorandum for Dr. Sacasa, confirming conversation of this afternoon.
The following territory is hereby declared neutral zone: Puerto Cabezas and Bilwi, including the outskirts for a distance of two miles.
There will be no carrying of arms, ammunitions, knives, etc., in the neutral zone. There must be no recruiting or any other activities carried on in the neutral zone, which have any bearing on the prosecution of hostilities.
Doctor Sacasa and his forces may leave the neutral zone by 4 p.m. 24th of December, 1926, by water, with their arms if they so desire; otherwise they must disarm and deliver such arms to the Cleveland’s Landing Force Commander.
The radio station may send only plain messages and these messages must have no bearing on the prosecution of hostilities.
(fO) Spencer S. Lewis-Lt. Comdr. U. S. N. Commanding U. S. S. Cleveland Landing Forces, Puerto Cabezas, Nicaragua.”
President Sacasa, deeply astounded by this attitude so offensive to the sovereignty of the Nation and so in conflict with the principles which regulate the relations of civilized peoples, orally and energetically protested against the unlawful proceedings in the presence of those who brought the notification.
Later, a commission of the Government consisting of the Minister of Fomento, Dr. Onofre Sandoval, and the undersigned, with Don Luis Mena Solorzano as their interpreter, met by appointment the Captain of the Cleveland, Mr. Wainwright, and in the presence of the Captain of the Denver, Mr. Wymann, and Commander Lewis of the Cleveland, confirmed the protest of the Government and people of Nicaragua against the unspeakable outrage of which they were the victims and asked for an explanation of what happened. The Captain of the Cleveland stated that he was obeying orders from Rear Admiral Latimer; that it was intended simply to establish a neutral zone; that Doctor Sacasa and the members of his government could use the wireless office to send messages in Spanish or English, but not in code, or relating to military matters; and that we could remove our military equipment without any interference, over a mole of the harbor, and to that end he had already spoken with the Bragmans Bluff [Lumber] Company so as to procure the trucks and other things necessary for the removal.
It is well to note here for a better appreciation of these facts that, while these things were going on, a detachment of marines which altogether numbered about 500, distributed in groups, surrounded the Executive Mansion, protected by a guard of 20 men; and the two war vessels had their guns trained some on the Executive Mansion itself, and others on the barracks in the city in which the small garrison of the place was quartered.
[Page 816]This morning messages in Spanish relating to the affair addressed to the Director of the Pan American Union at Washington and to the Representative in Costa Rica of the Constitutional Government were rejected by the wireless office. And a part of the armament which was on the mole for shipment and removal outside of the alleged neutral zone was held by the American forces under a pretext of inquiring whether that material came from the United States and had come after the laying of the embargo by the Department of State. Hours after the declarations of the note verbale signed by Commander Lewis had been put in writing, and also after the promises made to the Government’s commission relative to the arms and messages, both were modified, that which was written and promised being ignored in an unusual manner.
At the same time and under the same conditions there were landed at Rio Grande, where the Government had a part of its war implements over which a garrison of 18 men was watching, about 600 American marines; they declared, of their own accord, that place to be a neutral zone, disarmed the soldiers, and took possession by violence of the war material there found. I must place it on record that the time chosen for this was when the main body of our army was far away, engaged in a severe battle at Pearl Lagoon, where the Constitutional armies were assured a practically final victory.
The mere statement of facts will bring to Your Excellency’s mind the conviction that the American forces, which without any right are now holding by military force this city and that of Rio Grande, have violated the sovereignty of Nicaragua not only by setting foot on the territory of the Republic, but also by imposing restrictions on the highest official of the State, on him who represents the dignity of the Nation, because he was solemnly chosen by the free vote of the people in the full exercise of their inalienable rights.
It is pertinent to put it on record here that there was no ground or pretext whatsoever for the establishment of neutral zones. When the legitimate Government was installed, far from being exposed to any menace, American life and property were duly guaranteed, better than at any time, because it has been and is the constant aim of this Government to add prestige to its authority by strictly complying with the law and respecting all private interests in the territory which it controls.
The neutral zones in fact have been established by the American forces without the consent of the respective civil or military authorities, without the pretext of a threat to foreign interests, and only for the evident purpose of hampering the action of the lawful Government, in support, undoubtedly, of the de facto Government presided over by Señor Adolfo Diaz at Managua. That attitude is in [Page 817] open contradiction to the positive statements made on the subject of Nicaragua by the Department of State when it gave assurances of its neutrality in the dispute because of the unquestionable right of the Nicaraguan people to choose their own Government and decide on their own destiny. The undersigned, as a member of the Liberal delegation at the peace conference on board the Denver at Corinto many times heard the American Chargé d’Affaires, the Honorable Lawrence Dennis, declare that the United States would observe an impartial attitude and would not intervene in favor of any one of the parties that are fighting in Nicaragua, because that was a domestic affair exclusively for the Nicaraguans to decide.
As the facts here related are not new—since in 1912, in order to maintain Adolfo Diaz in the Presidency of Nicaragua against the will of the Nation, a large force of American marines then as now set foot on our territory; and since there has been a repetition of intervention sought by the same Señor Diaz in order to impose him again as President against the Constitution and against public opinion—it is proper once for all to define what is the international statute [status?] of Nicaragua. Is it a free, sovereign, and independent Nation, capable therefore of choosing the Government that it sees fit, or must we arrive at the painful conclusion that it is a colony or a protectorate? Or is it that the United States of America has reached the point of forgetting that small nations have the right-to an independent life in the international concert? Who names the President of Nicaragua: is it the people by their votes at the polls or the Government of the United States of America by its recognition?
The mere fact that Don Adolfo Diaz solicits the aid of foreign forces to maintain himself in power demonstrates that he has no standing with the people of the country, and the moral and physical support given him by your Government is his only title to usurp the office which under the Constitution belongs to His Excellency, Doctor Sacasa.
Would it not be more worthy of the greatness of your country to let the Nicaraguans determine their own affairs as they have a right to? That is what is demanded by the general rules of international law and the most elemental principles of equity and justice proclaimed by Your Excellency’s Government and set forth as law in the Central American treaty of Washington. Thus we could directly arrive at the peace which is so much needed by my country, through the operation of its free institutions, and sincerely strengthen the relations between our peoples.
Because of all these facts, I hereby most energetically protest to Your Excellency in the name of the people and Government of Nicaragua, and I trust that in respect to reason and justice your enlightened [Page 818] Government will be pleased to make the proper corrections, which will redound to the prestige and honor of the great American democracy.
I am [etc.]