817.0131/6: Telegram
The Minister in Nicaragua ( Hanna ) to the Secretary of State
[Received 7:18 p.m.]
75. Department’s 55, June 24, 1 p.m.8 When I told President Moncada this morning that the amendments to the electoral law probably would be ready in the very near future for submission to an extra session of the Nicaraguan Congress he told me, to my surprise, that he is strongly of the opinion that the amendments should be made by Executive decree. He said that he felt quite sure that some member or members of the Congress would force an expression of opinion from the Supreme Court involving questions of constitutionality and that obviously unfavorable decision of the Court would create a situation which would defeat the passage of the amendments. When I suggested that a trial submission to Congress be made and that in the event an emergency should arise therefrom similar to that which existed in 1928 the Government could meet it as it was met then, he replied that he had not overlooked that idea but desired to avoid such an emergency and the creation of a scandal. He said that his position moreover would be embarrassing and difficult if he should have to make the amendments by Executive decree after they had been adversely reported upon by the Supreme Court. He added that there could be no legitimate criticism of the Government by the [Page 640] Opposition for making the changes by Executive decree because the procedure is for the protection of that opposition in the elections. I answered that such might be the case provided he could say that the amendments to the electoral law were published by him in the exact form that they were drafted by Captain Johnson to guarantee an absolutely free and fair election. He agreed and requested me to present his views for your consideration. I told him I would do so but asked him to keep an open mind on the matter until we could hear from you.
The President reminded me that he had long desired to amend the Constitution in such manner as to give specific Constitutional sanction to future supervisions and place them on an enduring basis (see my telegram number 138, May 16, 19299). He seemed to have no doubt that the Supreme Court would be consulted and would give an adverse opinion in the matter.
- Not printed; it transmitted text of changes in the proposed amendments to the electoral law.↩
- Foreign Relations, 1929, vol. iii, p. 649.↩