817.041/4: Telegram
The Secretary of State to the Minister in Nicaragua ( Eberhardt )
129. Legation’s telegram number 203, August 19, 4 p.m. Department has noted that the restored Supreme Court of Nicaragua has [Page 392] concluded to legalize all acts of the Chamorro court by declining to reopen any cases, and if the restoring of the appellate magistrates at Leon and Bluefields will not involve the setting aside of a decision of the de facto court, the Department concurs with its action.
The Department does not think, however, that the decisions of the de facto courts should now be set aside on grounds of their de facto character. See Department’s 120, August 9, 4 p.m. Were an exception to be made even in the case of the restoring of the appellate magistrates who were expelled by the Chamorro Congress, the way might be opened to a reconsideration of other cases from both personal and political motives, leading to possible confusion and abuses. The Department believes that the magistrates referred to in your telegram should be restored. It feels, however, that if this action involves the setting aside of a sentence of the de facto court, it should be effected by an agreement between the executive and legislative branches and along the lines followed in the restoration of the judges of the Supreme Court, in accordance with the Stimson agreement.