817.1051/280
The Secretary of State to the Chargé in Nicaragua (Hanna)
Sir: With reference to the Department’s instruction No. 519, May 29, regarding the proposed amendments to the Agreement for the establishment of the Guardia Nacional, you are informed that the Department has given the most careful consideration to the question of the jurisdiction of the local courts over Nicaraguan members of the Guardia in cases of civil offenses. The Department desires that all members of the Guardia who commit such offenses should be brought to trial before the ordinary courts, and that there should be no effort whatever on the part of their American officers to shield them from the consequences of wrong-doing. As stated in the instruction above referred to, however, it has felt that the purposes of the Guardia Agreement might be defeated if there were no check whatever upon the action of the courts in cases where suits were brought for the obvious purpose of political or personal persecution, and where the attitude of the local judge was such as to preclude the probability of a fair trial.
The provisions of Article V of the Agreement, if they are accepted by the Nicaraguan Government in the form proposed by the Department, will impose a very heavy responsibility upon the American officers of the Guardia, because it would be extremely unfortunate to create an impression that members of this force enjoy any immunity from the consequences of misconduct. The Department desires, therefore, that each case arising under Article V should be dealt with with the utmost care, and that the Department should be informed in each case of all of the circumstances and of the action taken. It is suggested that it would be desirable for the Chief of the Guardia to reserve to himself the authority to refuse to permit the local courts to assume jurisdiction over a member of the Guardia who is accused of an offense, and that he should furnish to the Legation full information regarding each case where such refusal is considered necessary, and a brief statement regarding each case where a member of the Guardia is tried by the local courts. It is assumed that he will consult with the Legation in cases which appear likely to give rise to difficulties with other branches of the Nicaraguan Government. The Department does not desire, however, that the Legation should assume the responsibility of deciding questions of this nature.
It is further desired that the Legation should transmit to the Department by mail, or in specially important cases by telegraph, all information which it receives regarding such cases, in order that the Department may be fully apprised of the circumstances if there should [Page 637] be complaints from the Nicaraguan Legation at Washington or criticism in the United States.
I am [etc.]