817.1051/261: Telegram
The Minister in Nicaragua (Eberhardt) to the Secretary of State
[Received 8:45 p.m.]
49. The pertinent parts of the Department’s 26, February 14, 6 p.m., and 29, February 16, noon, have been placed frankly and squarely before President Moncada today.
With reference to the guardia agreement, the President stated in substance that it is his opinion and that of some of the best local lawyers that the original article 5 without the proposed amendment is unconstitutional and that he cannot therefore insist that Congress approve this article without that amendment. He assured me that if the Department would accept it with this single amendment he would have no difficulty in having the agreement approved by Congress. He said that rather than insist that Congress pass the law without this amendment to article 5 he would prefer that Congress be permitted to adjourn and allow the guardia agreement to continue in force as heretofore. In the latter case he would give it his full support to make it effective as at present.
I have requested the opinion of some of the best local lawyers and several of them state that they can not find anything unconstitutional in the agreement and it appears to depend very much on the political affiliations of the lawyers as to their opinions in this case. I am strongly of the belief that the proposed amendment [to] article 5 is very harmful and would be a dangerous weapon which might be used to weaken the guardia or to make it a partisan organization and that it would be preferable, if the original agreement cannot be approved without any amendment, to allow it to continue in force as heretofore without being discussed further by the present Congress.
[Page 619]An early instruction from the Department as to whether it can accept the above-mentioned amendment is requested. On February 21 Congress plans to take a recess for about two weeks to study the budget, after which recess there will be but three sessions. It is intended to follow the usual custom to indefinitely prolong the last session to take up all unfinished business. While it is possible that the guardia agreement might be discussed tomorrow or Wednesday it appears more probable that its consideration will be deferred until after the recess.
When I called President Moncada’s attention to the recent tendencies to inject partisanship into the guardia, he stated that General Beadle had worked so long with the former Conservative administration as to have become partisan in favor of the Conservatives, but that any successor to Beadle who demonstrates his fairness will be given a free hand in the control of the guardia. He added that the new chief of the guardia will be given instructions by him that he must cooperate closely with the commander of the marines. This Legation is convinced that Beadle has been entirely non-partisan, and this is the opinion of all fair-minded people. It is evident that Moncada’s opposition to Beadle is based largely on the fact that he cooperated so successfully with a Conservative administration.