816.01/117: Telegram
The Chargé in El Salvador (McCafferty) to the Secretary of State
[Received 11:49 p.m.]
57. Replying to your telegram No. 32, March 7, 6 p.m. Upon receipt of your telegram 31, February 27, 2 p.m., I conveyed its contents very clearly to the de facto Under Secretary of Foreign Affairs in both English and Spanish and told him categorically that there was nothing else for Martínez to do but to resign the Presidency outright and to give up any idea of trying to evade the provisions of the 1923 treaty. He seemed disappointed but said he would explain it to Martínez. He attempted to argue that under the Salvadoran Constitution a Vice President could never lose his quality as such even though he had assumed the Presidency. I told him I disagreed with him and in support of my view I read to him article 81 of the Constitution which I claimed proved clearly my contention. He agreed with me after reading it and I was later on informed that Martínez called in the Chief Justice of the Supreme Court who also agreed with my interpretation.
Several days after I had heard from various sources that Martínez had told various persons who had called on him that he still expected to be recognized soon and that he had no intention of resigning. I therefore called on the Under Secretary of Foreign Affairs and asked him why it was that Martínez was making such statements when he (the Under Secretary) had told me definitely that Martínez had sent him to inform me that he (Martínez) intended to step aside but was only seeking a means to do so with guarantees for himself. I told him that the political situation of the country was daily going from bad [Page 585] to worse without recognition and that it was imperative that steps should be taken immediately to reorganize the government in accordance with the provisions of the treaty. He protested that there was no intention of deceiving us and that he was certain Martínez intended not to disregard the treaty.
My conversation apparently had a beneficial effect because today the de facto Minister and Under Secretary of Foreign Affairs called and said that they came with the express authorization of Martínez to speak regarding the political situation. They told me categorically that Martínez was now absolutely convinced that he would not be recognized by the other Central American states and the United States, that Arrieta Rossi upon his return from Guatemala had stated that he was certain that the Guatemalan Government would never grant recognition to the Martínez regime, and that Martínez had decided to resign the Presidency outright.
They inquired however whether Martínez could not be permitted several weeks to make the proper arrangements for the transfer of power. I told them that they had already had sufficient time to have reorganized the government and I could not see why it could not be arranged in a few days’ time. They then stated that the Army was divided and that the military were not all satisfied with Garay as First Designate consequently Martínez would need a little time to call all the principal officers to persuade them to support Garay if the latter assumed the Presidency. (It appears that considerable number of the military especially of the younger element favor Colonel Menéndez because they believe him to be intelligent, forceful and able). When I asked them if the military had not been consulted before the Designates were named, they answered that they had but in such a hesitating manner that I get the impression that they had not actually been consulted. They then inquired again regarding a short delay in the reorganization of the government and I told them that if they really intended to legalize the government I thought the most it should require would be 1 week. They then definitely promised that they would do so within that period of time.
During the conversation they stated that if Martínez resigned outright he might desire to assume the Ministry of War to guarantee his future protection (see paragraph 5 of my 48, February 18, 2 p.m.). I respectfully request that the Department inform me as soon as possible whether it would have any objection to this. In the telegram dated Febraury 25, 4 p.m., from the Legation at Guatemala to the Department16 it was stated that the Guatemalan Government would [Page 586] insist that Martínez should not take another post sufficiently important to leave him still master of the situation but I cannot find anything in the 1923 treaty which would bar him from accepting such a position in a government legally reorganized in conformity with that pact.
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