817.00/6314
Memorandum by the Assistant Secretary of State (White)
Doctor Sacasa, Minister of Nicaragua, called on the Secretary on Thursday, May 2. He handed the Secretary a memorandum35 with reference to the arrest and imprisonment of Gabry Rivas and Vargas, stating that he had received a telegram from President Moncada to the effect that the Department had not received exact information in the matter as these arrests had been ordered on account of an attempt to assault the Presidential house. The men were kept in jail for ten days, which is permitted under the Constitution, and that during this time personal enemies of Rivas accused him before the court of assaulting the International Club on August 25. The Secretary observed that that was prior to the issuance of the Amnesty Decree. The Minister agreed and said that President Moncada, in view of the separation of the executive and judicial functions under the Constitution, did not feel that he could interfere. The Secretary stated that Presidential action was not called for but perhaps a Presidential whisper would be sufficient. The Minister stated that the Supreme Court is composed of a majority of Conservative judges and, as Rivas is a Conservative, he thought the matter might well be left there. The Secretary told the Minister that if he were writing to President Moncada he thought it might be well to point out the advisability of living strictly up [to] the Amnesty Decree. Of course, the Secretary was here in Washington and President Moncada was on the ground, but he thought, for his own sake, in order to protect himself against attacks by his enemies, President Moncada would do well to have the Amnesty Decree enforced fully. The Minister said that he would communicate in that sense with President Moncada.
- Not printed.↩