817.00/5466: Telegram
The Minister in Nicaragua (Eberhardt) to the Secretary of State
[Received 10:15 p.m.]
119. My March 13, 10 p.m., …
We have had long conferences last night and today with Cuadra Pasos and the President and also with Moncada and Aguado. We are convinced that nothing can be obtained from Congress at this session and that it is desirable that Congress adjourn tomorrow morning, when its regular session will presumably end.
We informed the President this morning that we still expected the Nicaraguan Government to bring about the passage of the necessary electoral legislation although we realized that it might take some time to change the present attitude of the Congressmen. We pointed out, however, that it was necessary in the meantime to organize the National Board of Elections and to make preparations for the election and we discussed with him the idea of his issuing a decree containing the substance of the transitory provisions under [Page 477] which General McCoy could at once be placed in control of the electoral machinery. Such a decree would rest upon the provisions of article III, clauses 2 and 33 of the Constitution, and it could be ratified subsequently at a special session of Congress when the Government was able to command a majority. We pointed out that the ratification of such a decree which would be an accomplished fact would probably be easier to bring about than the passage of a law.
The President assured us positively that he still intended to comply with all his obligations under the Tipitapa agreement and that he would cooperate with us in whatever steps we considered necessary. He said that he would issue such a decree as we desired immediately after the final adjournment of Congress although he desired that nothing whatever be said about his intention until after Congress was out of the way.
In preparing the decree we propose to insist on the original transitory provisions, disregarding all compromise proposals such as the Havana redraft and the changes we offered to accept here. We shall confer today with Cuadra Pasos regarding the form of the decree.
The legality of such a decree as a basis for holding an election may be questioned, but it is the best possible measure in the present situation, separately suggested to us by Cuadra Pasos in the presence of the President, Moncada and Aguado. The existing electoral law is not being complied with in its most important provisions, as the president of the National Board is abroad and the registrations are not being held. We see no other practicable course except perhaps to have General McCoy himself issue a decree by virtue of his authority as representative of the President of the United States, a step which would be fraught with danger and would be far more likely to cause friction with and deprive us of the cooperation of the Nicaraguan Government.
Cuadra Pasos is urging upon the President a complete change of Cabinet designed to eliminate Chamorro’s influence from the Government as he believes that the President could dominate Congress if he were willing to break definitely with Chamorro. When our opinion was asked on this point we replied that what we wanted was the eventual passage of the electoral law and that the choice of means must be left to the President. The latter is obviously reluctant to break definitely with the Chamorro wing of the party.
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