817.00/5240a: Telegram
The Secretary of State to the Chargé in Nicaragua ( Munro )
10. Have had two long conferences this morning with the Nicaraguan Minister, at second of which Colonel Stimson and Minister Eberhardt were present. It was made plain to the Nicaraguan Minister that we are highly dissatisfied with the present state of affairs regarding the electoral law and saw no reason why this law should not be voted at once. We had noticed that objections to the constitutionality of the law were being put forward in the Nicaraguan Congress and we were distinctly under the impression that General Chamorro and his followers were responsible for this and other attempts which seem to be being made to defeat the effective execution of the Stimson agreement. While we were not disposed to question the willingness of the Government to cooperate in every way, we were deeply concerned over the apparent lack of cooperation on the part of Chamorro and the Conservative Party. We expected the fullest [Page 419] cooperation not only from the Government but from both parties in Nicaragua, and wanted to know whether we were going to get it. The Minister replied that the question of constitutionality had been raised in the Congress and was a serious one. He went on to say that in his own judgment the law in its present form was unconstitutional and therefore would not be passed. He called attention in this connection to Articles 84 and 87 of the Constitution,2 and argued from them that the Congress had the exclusive power to canvass the votes and determine the result, and that this power could not be delegated to an electoral commission. Colonel Stimson then reviewed at length the discussions leading up to the final agreement for a supervised election, and analyzed the agreement itself. The point now raised, he recalled, was clearly and emphatically raised, discussed and decided in the negotiations at the time. The Foreign Minister Cuadra Pasos, himself a distinguished lawyer, speaking for the Government in the presence of both Stimson and Eberhardt, had asserted that this question had been settled by previous administrative practice in other elections, and that there was no doubt of the constitutionality of the proposed arrangement. Stimson was unwilling to enter into any such agreement and report it to the President of the United States unless this matter was first determined. It was determined, and you will remember that the proposal for a supervised election, signed and submitted to the President of the United States by the President of Nicaragua, contained the following provision:
“(A) Under the electoral law there shall be created a National Electoral Commission which shall have full and general power to supervise the election and to prescribe regulations having the force of law for the registration of voters, the casting of their ballots, and all other matters pertaining to the election that are not covered by the electoral law. Among other powers, the National Electoral Commission shall have the exclusive right to canvass the number of votes cast at the election and to determine all questions and contests as to the regularity and legality of such votes, and their determination as to the number and legality of the votes cast shall be final and shall be reported directly to Congress for its certification and declaration of the result of the election.”
This proposal was accepted by the President of the United States, so that both Governments have before them a solemn engagement on the subject. The law now before the Nicaraguan Congress, particularly Section 5 thereof, embodies precisely the agreement which was made. It is altogether too late in the day for anybody in Nicaragua now to contend that any such technical objection can be further heard and considered. The good faith of everybody involved, including the two Governments and both political parties in Nicaragua, [Page 420] is plainly pledged to carry out the supervised election under the terms of the agreement.
The Nicaraguan Minister disclaimed having any instructions on this subject, but it was evident that he had information leading him to believe that the law would not be passed. Perhaps he reflected the ideas of Chamorro. At any rate he adhered to the position that the law in its present form was unconstitutional and should be modified.
Using as much of what has been above stated in this message as in your discretion may be advisable, you should at once confer with President Diaz and with the utmost emphasis state the position of this Government, which is substantially as follows:
- 1.
- That the objection to the pending legislation is in our judgment absolutely untenable as a proposition of constitutional law.
- 2.
- That a refusal to enact the legislation can only be regarded by us as a flagrant breach of faith pledged in a solemn agreement entered into by the Government of Nicaragua with the President of the United States.
- 3.
- That the powers conferred by the proposed law upon the Electoral Boards, constituted as therein provided, are considered to be absolutely essential to the execution of the agreement and to the holding of the fair election which this Government has pledged itself to supervise and fully intends to carry out.
- 4.
- That further delay will not only create a most painful impression here but would compel this Government to consider seriously what other measures it can and should take in order to meet the obligations which it has definitely assumed with respect to all parties concerned.