817.00/5330: Telegram
The Chairman of the American Delegation to the Sixth International Conference of American States (Hughes) to the Secretary of State
39. [Paraphrase.] From Francis White. Yesterday evening Cuadra Pasos sent me the proposed law. Last night I translated it, and this afternoon I discussed it with him. He is in agreement with the modifications I suggested, and it is now substantially the same as the McCoy law.30 There is a new article 5. Old article 5 becomes article 6; article 6 becomes article 7; article 7 becomes article 8; and article 8 becomes article 9. I regret that the new article 5 is [not?] in accordance with section I, paragraphs (C) and (D) of the memorandum of President [Page 455] Diaz enclosed in the letter of May 15 to President Coolidge.31 In article 3 the words “force of law” are changed to “obligatory force.” Cuadra Pasos told me that his change was made because only the Congress can enact laws, and the regulations of McCoy having “obligatory force” is the same as giving them “force of law.” I told Cuadra Pasos that since the words “force of law” were used in the memorandum of President Diaz I would make reservation with regard to this change, as the Department of State or General McCoy might desire to have it changed to conform to the original draft law.
In article 9 there is omitted reference to the reconstitution of the National Board of Elections upon the restoration of the electoral law of March 20, 1923. Cuadra Pasos said that this was brought under the electoral law of 1923. The president of the National Board of Elections is chosen by the Supreme Court. He said that this could be verified readily in Nicaragua by General McCoy.
I told Cuadra Pasos that I would cable the text both to the Department of State and to the American Legation in Nicaragua and inform him later whether or not it is acceptable.
It is my personal feeling that the new text is satisfactory, and that it offers a way out for the Conservative Deputies who oppose the law as originally presented. Cuadra Pasos will cable the Spanish text to President Diaz, and in order that there be no error I shall cable the Spanish text to Munro, the American Chargé in Nicaragua, when I know that this draft is acceptable.
Cuadra Pasos said he thought that Chamorro was endeavoring to find a graceful way out, and hoped he would now support the measure. A short time ago President Diaz cabled Cuadra Pasos and Zepeda requesting them to cable Chamorro regarding the situation and to try to get some commitment from him. He stated that they cabled Chamorro, giving him an account of their conference with me, stating that, while it might be possible to secure one or two slight modifications in form, the Government of the United States absolutely insisted that the substance of the agreements made with Colonel Stimson be carried out, and they pointed out to him that the law as drafted is in compliance with the letter and memorandum of President Diaz of May 15, 1927. Chamorro replied by cable stating that the difficulty was that the United States was not strictly living up to the Stimson agreement, which provided that the Conservative Party or rather the Government of Nicaragua would appoint the local officials throughout the country. I replied that the Stimson agreement provided that jefes politicos would be Liberals, and that it was my understanding that the President would appoint them on the nomination of the Supreme Council of the Liberal Party. Cuadra Pasos said that the latter [Page 456] provision regarding nomination of the Liberal Party was not included in the agreement, but that he had no objection to it. I asked Cuadra Pasos if he could cite any instances where the United States had not strictly fulfilled the Stimson agreement. He replied that he could not. Cuadra Pasos added that he and Zepeda cabled Chamorro in reply, asking whether, if they could have the United States issue a statement to the effect that it would strictly live up to the Stimson agreement, he would support the electoral law. This cable was sent last night and they have not yet received a reply. Cuadra Pasos requests that the above be regarded as confidential. [End paraphrase.]
The text of the electoral law is as follows:
Article 1. In order to consummate the agreement made between the Government of Nicaragua at its request and the President of the United States, whereby the latter will extend friendly assistance to the end that the election of the year 1928 for the Supreme Authorities may be free, fair and impartial, the electoral law proclaimed on March 20, 1923, together with any laws or Executive decrees which have subsequently been passed or promulgated to amend or amplify said law are hereby suspended during the period of said election. This act shall be known and may be cited as the Transitory Provisions Governing the Election of 1928. It shall enter into effect upon passage and shall continue in vigor until the said election of 1928 has been held and the results thereof proclaimed by Congress. The provisions of the electoral law of March 20, 1923, will not reenter into effect until after such proclamation.
Article 2. For the purpose of said election of 1928 a National Board of Elections is constituted as follows:
Two political members appointed by the President of Nicaragua upon nomination by executive committees of the Conservative and Liberal Parties, respectively.
Two political suplentes, one a member of the Conservative Party and the other a member of the Liberal Party, will be chosen in the same manner as the political members propietarios.
If any political member be unable or fails to perform the duties of his office temporarily on account of absence or any other incapacity, his place shall be filled by the corresponding suplente during the period of absence or incapacity of such member propietario.
The political members will be presided over by a citizen of the United States of America, with whose presence the formation of the National Board of Elections will be completed and who will be nominated by the President of the United States of America and appointed by the President of Nicaragua.
The political members propietarios and suplentes and their chairman shall take possession of their offices from the President of Nicaragua, who will remove from office any political member if for any reason the chairman of the board so recommends, but no removal shall be made except upon his recommendation.
[Page 457]Any vacancy arising shall be filled in the manner of the original appointment.
Article 3. The National Board of Elections as constituted herein shall have full and general power and authority to supervise the said election and to prescribe regulations with obligatory force for the registration of voters, the deposit and counting of the ballots and regarding any other matters whatsoever which properly pertain to the election.
Article 4. A majority composed of a member and the chairman will constitute a quorum for the transaction of business. In every meeting the chairman of the National Board of Elections must be present and his sole presence at an emergency meeting shall constitute a legal quorum. An emergency meeting is one the holding of which is considered by the chairman as indispensable for the carrying out of a fair and free election and which has been so designated by him in formal announcement given one full day in advance to the political members and suplentes. No action or resolution of the board shall be valid unless concurred in by the American chairman. In any case of tie the chairman will have a double vote.
The chairman shall have the power to declare any action or resolution, which in his judgment is indispensable to the accomplishment of a fair and free election, an emergency measure, and such measure shall come into full force and effect as an action or resolution of the National Board of Elections 24 hours after its presentation to said board in formal meeting assembled and its designation thereat by the chairman as an emergency measure.
Article 5. The National Board has full authority to organize the departmental boards and the directorios electorales, both composed of an equal number of political members of both parties and which will include and be presided over by a citizen of the United States designated by the National Board with the authority which the said National Board may grant him.
Article 6. The National Board of Elections shall canvass the votes cast at the elections conducted under this act, shall determine all questions and contests which may arise as to the validity and counting of said votes and will issue the respective certificates of election to those who may be legally elected for their respective offices. Such certificates must be presented to the Congress, to which the National Board of Elections will send a detailed report of the election in accordance with article 83, clause 2, and article 84, clause 2, of the Constitution in order that the Congress may comply with those provisions.
Article 7. The National Board of Elections, through its chairman, is vested with the authority to command the services of the National Constabulary and to give it the necessary orders in order to avoid intimidation and fraud and of preserving law and order during the registration, voting and counting of the votes for the Supreme Authorities in the elections of 1928.
Article 8. The National Board of Elections will exercise its duties until Congress has complied with the provisions of article 83, clause 2, and article 84, clause 2 of the Constitution. Upon the new board [Page 458] taking office the term of office of each and every one of the members of the national electoral boards and the directorios electorales by virtue of the law of March 20, 1923, shall cease. Upon the proclamation of the results of the elections for the Supreme Authorities of 1928 the electoral law above mentioned of March 20, 1923, shall be restored in full force and effect.
Article 9. Upon the restoration of the electoral law of March 20, 1923, in full force and effect, as provided in the previous article, the various departmental boards of elections and directorios electorales prescribed in said law shall forthwith be reconstituted in a manner provided in the said law for the respective appointments and the basis for the selection of the chairmen of the various departmental boards and directorios provided for in article 22 of the said law, shall be the results of the Presidential election of 1928. The term of office of themembers of the National Board and of all the electoral boards and directorios appointed in accordance with this article shall expire at the time that they would have expired if such electoral boards and directorios had been appointed in conformity with the electoral law of March 20, 1923 to render their services for the election of the Supreme Authorities of 1928.
- Telegram in three sections.↩
- For text of the McCoy law, see telegram No. 16, Jan. 23, 1 p.m., to the chairman of the American Delegation to the Sixth International Conference of American States, for White, p. 447.↩
- Foreign Relations, 1927, vol. iii, p. 350.↩