816.00/825: Telegram
The Chargé in El Salvador (McCafferty) to the Secretary of State
[Received 2 p.m.]
5. I have been informed by Rudolpho Duke and other reliable sources that the military now in control are seriously considering the election of Colonel José Asensio Menéndez, present Under Secretary of War, as First Designate. Those who are opposed to his election claim that he would be debarred from recognition by the words “high military command” in clause 2 of article 2 of the treaty, because as Under Secretary of War he actually has control over the movements of troops which is really command. They also give as proof of their contention the page in the front of the official army register which lists the President, the Minister of War and the Under Secretary of War under the heading “high command of the army”.
In order to avoid possible difficulties I respectfully request early instructions regarding the Department’s opinion as to whether Menéndez could be recognized if elected First Designate.