814.00 Revolutions/66: Telegram

The Chargé in Guatemala (McCafferty) to the Secretary of State

114. With reference to my telegram of December 18, 8 p.m., No. 111, yesterday a delegation from General Orellana came to see me to ask for support and to explain the reason for their overthrow of the established government. Their contentions are the following:

1.
Mauro de Leon should have been called as First Designate to take charge of the Presidency because, although he had sent his resignation to Congress, it had not been accepted.
2.
The Cabinet was wrong in accepting the opinion of doctors who were not sent by Congress to examine Chacon’s health.
3.
In calling Palma to take charge of the Presidency, the Cabinet had acted illegally as this should have been done only by Congress.
4.
That Congress was compelled by threats to vote for Palma.

In reply to these contentions, the Government’s argument is as follows:

1.
Mauro de Leon, when he accepted the post of Minister of War, automatically ceased to be First Designate and therefore the acceptance by Congress of this resignation was not necessary.
2.
The physical incapacity of Chacon brought about a very serious situation and it was necessary for the Cabinet to act quickly so as not to leave the country without a chief executive.
3.
That the Cabinet complied with the law by immediately calling Congress into session and it chose Palma.
4.
The five physicians who signed the statement regarding Chacon’s incapacity were highly reputable men and would not have signed a false declaration and moreover Congress accepted the statement of these physicians when they declared Palma in charge of the Presidency.

[Paraphrase.] I think that there is a reasonable argument that Palma obtained office in a constitutional manner and that his government was a legal continuation of the Chacon administration. The arguments of the revolutionists are based on petty technicalities. [End paraphrase.]

. . . . . . . . . . . . . .

McCafferty