816.01/31

The Minister in El Salvador (Curtis) to the Secretary of State

No. 27

Sir: I have the honor to acknowledge the receipt of the Department’s telegram No. 67 of December 11, 7 PM, instructing me to report to General Martínez its position regarding nonrecognition of Central American governments resulting from a revolution and to invite his suggestions as to the manner in which he feels that the Salvadoran Government can be put on such a basis as to permit its recognition.

Early on the morning of December 12, Mr. Avila telephoned that he wished to bring and present to me Mr. Miguel Angel Araujo, whom General Martínez had recently appointed Minister for Foreign Affairs, and they called upon me at 10.30 that morning. Keeping in mind the instructions contained in the last portion of the Department’s [Page 199] telegram, I made absolutely no suggestion to them but they made the statements reported in my telegram No. 116, of December 13—9 AM, in such a manner as to make it clear that they wished to show me that the government of General Martínez was even now entitled to recognition in conformity with the terms of the Treaty of 1923, notwithstanding their assurance that that government would make no effort to obtain recognition until after the new Legislative Assembly had given its endorsement to it.

In accordance with an appointment obtained through Messrs. Araujo and Avila, I called upon General Martínez at 3 o’clock in the afternoon and, paraphrasing as closely as possible the words of the Department’s telegram, invited his suggestions as to the manner in which he felt that the Salvadoran Government could be put on a basis that would permit its recognition by the Central American Governments and the United States in view of the provisions of the Treaty of 1923. General Martínez opened a copy of the Salvadoran Constitution and read to me articles 81 and 92, pointing out that, if there was no President, the Vice President assumed the Presidency and that, the President was forbidden to leave Salvadoran territory without having first obtained the permission of the Legislative Assembly; he stated that President Araujo had left the territory of the Republic without permission of the Legislative Assembly and had thereby vacated the Presidency and that he, as Vice President, had therefore succeeded to the Presidency in strict conformity with the provisions of the Constitution. As he appeared to feel that he had answered me fully, I asked again regarding his suggestions as to steps to be taken for compliance with the provisions of the Treaty of 1923. He at once turned to the copy of this Treaty published in the Diario Oficial after its ratification by El Salvador. He began by reading that part of the resolution of the Legislative Assembly ratifying the Treaty with the exception of some of its clauses, especially the parts of Article 2 detailing those classes of persons who should not be recognized as President even if their Government could otherwise be recognized. He then added that the matter of the reorganization of the country on a constitutional basis by the freely elected representatives of the people had been fully complied with inasmuch as he was a duly elected representative of the people and the Military Directorate was no longer in existence. Although I felt that I had had little success in obtaining the suggestions desired by the Department, I refrained from asking any further questions largely because of the caution contained in the last part of the Department’s telegraphic instruction.

At this writing there is every indication that the Military Directorate has ceased to exist in fact as well as in name and that the de facto government headed by General Martínez complies with all the provisions of the Salvadoran Constitution provided due allowance is [Page 200] made for the fact that President Araujo’s departure from the country can hardly be considered to have been voluntary and the additional fact that article 36 of the Constitution recognizes the “right of insurrection” and provides that when a President is removed by an insurrection his position is to be filled in the form established by the Constitution. It is not my desire to urge early recognition of the Government of General Martínez. I believe that his government represents today the choice of the great majority of the people and that, if he is able to resist the pressure of politicians and grafters, he will give the country a good administration although he will certainly have to confront serious problems of a financial character. On the other hand, I believe that recognition should not be unduly delayed as various disquieting rumors are already afloat, especially one to the effect that General Claramount has obtained control of the recruiting service and that no applicants for enlistment in the army are accepted unless they present a card from him. Messrs. Gómez Zárate and Enrique Cordova and General Claramount and representatives of Dr. Miguel Tomas Molina have signed an agreement to abstain for the present from all political activities except such as are directly concerned with the municipal elections which were to have been held on December 13 and will probably be held on December 20, and the elections of members of the Legislative Assembly which are to be held on January 9 to 11, 1932. If this agreement is adhered to it would appear that no trouble need be expected in the near future except from General Claramount. However, undue delay in granting recognition will inevitably weaken the position of General Martínez and there may be a scramble by all the recent Presidential candidates and even by others to see which can overthrow the existing government before any of the others can do so.

Respectfully yours,

C. B. Curtis