817.011/64
The Chargé in Nicaragua ( Beaulac ) to the Secretary of State
[Received February 29.]
Sir: I have the honor to refer to the Department’s confidential instruction No. 310, of February 16, 1932,11 and to previous correspondence concerning the desire of President Moncada to effect a reform of the Nicaraguan Constitution.
In the last paragraph of his letter of January 22, 1932, to the Secretary of State,12 President Moncada clearly indicates that he desires to effect a total reform of the Constitution by a Constituent Assembly, elected this year under American supervision.
I believe that such a project should not only not receive the encouragement of the Government of the United States but should be actively discouraged and indeed not tolerated while American armed forces continue to assist the Government of Nicaragua. As I see it the project has two principal objections. In the first place it is unnecessary [Page 773] and illegal, and in the second place public opinion in Nicaragua is opposed to it.
I am transmitting herewith a translation of a confidential memorandum13 prepared by the Vice President of the Supreme Court of Nicaragua, Dr. Cordero Reyes, concerning the manner in which the reform of the Nicaraguan Constitution can be effected. It will be seen that Dr. Cordero Reyes is of the opinion that the convocation of a Constituent Assembly this year is not legally possible.
It is true that Dr. Cordero Reyes is opposed to President Moncada politically for the moment. His opinion regarding a reform of the Constitution, however, is precisely that he expressed two years ago as Minister of Foreign Affairs when the matter of Constitutional reform was a subject of discussion between President Moncada and the Legation.
Furthermore the most distinguished leaders of the Liberal Party have privately expressed to me the same opinion as that set forth by Dr. Cordero Reyes in his memorandum, that the reform of the Constitution by a Constituent Assembly this year can not be legally effected.
In this connection I have just received a communication from the Secretaries of the Liberal Grand Convention, which is charged by the Statutes of the Liberal Party with the duty of naming representatives of the Party outside the country (Art. 10, paragraph f), stating that it has no information except through the press concerning the mission now in Washington treating of the proposed reform of the Nicaraguan Constitution. The National and Legal Governing Board of the Liberal Party, which authorized Dr. Morales to proceed on the mission, apparently made no report of its action to the Liberal Grand Convention which met in Leon some days later.
Two years ago the leaders of the Conservative Party likewise shared the opinion then and now expressed by Dr. Cordero Reyes. Don Adolfo Diaz and Dr. Carlos Cuadra Pasos now inform me that their opinion has not changed and that the Party will not agree to the convocation of a Constituent Assembly even by legal methods, that is, with a two-year interval between the first decision of Congress to convoke the Assembly and the actual convocation. They state that the Party is mildly in favor of most of the reforms suggested by President Moncada and will approve of their adoption by a partial reform of the Constitution to be initiated by this Congress or that which will convene December 15, and concluded two years hence.
[Page 774]The proposal that the United States should supervise elections to the Presidency and Congress, and to a Constituent Assembly at the same time, would not appear to be practical inasmuch as a Constituent Assembly is sovereign and does not permit of the simultaneous existence of a Congress. Being sovereign the Assembly would have no obligation to recognize the Congress elected under American supervision as the legal Congress, or the President elected as the legal President. It would have full powers to convoke new elections and elect a new President, as it might normally do after adopting a new Constitution.
I desire to point out the apparent inconsistency between President Moncada’s announced purpose in encouraging a reform of the Constitution and his insistence that such a reform be effected by a Constituent Assembly elected this year. His principal desire, as he has several times stated, is to establish in the Constitution the principle of minority representation. The principle of minority representation is embodied in the permanent platforms of both the political parties here. All principal leaders of both parties have lately expressed their willingness to see the principle embodied in the Constitution. There would therefore appear to be no good reason to suppose that this could not be accomplished by the present Congress or that which will convene December 15, and a Congress two years hence, by means of a partial reform of the Constitution. Furthermore there is no need of an immediate or earlier reform since the result of a supervised election is to insure minority representation in Congress, where it is most desired. At the present time, therefore, and for the next two years, the period which must elapse before a partial reform of the Constitution can be completed, minority representation is insured.
I have noted President Moncada’s reference in his letter of January 22, 1932, to his reiterated decision not to remain in the Presidency beyond December 31, 1932. He has told me this privately and has stated the same thing publicly here. Nevertheless, the most distinguished men in his own party appear to fear that he will actually endeavor to extend his term of office, and that his insistence on the convocaton of a Constituent Assembly this year arises out of a belief that he can induce that Assembly to extend his period as President, as it might conceivably do. It should be remembered that the Central American treaties will have expired in two years, and if not renewed there will be no international commitment against reelection. I refer [Page 775] to Article V of the General Treaty of Peace and Amity of 1923, subscribed to by the Central American republics,14 which reads:
“The contracting parties obligate themselves to maintain in their respective Constitutions the principle of non-reelection to the office of President and Vice-President of the Republic; and those of the contracting parties whose Constitutions permit such reelection, obligate themselves to introduce a constitutional reform to this effect in their next legislative session after the ratification of the present treaty.”
It is interesting to recall that a few weeks ago, at a reception which I attended at the President’s country home, his brother, who is close to him and has just been appointed Jefe Politico of Bluefields, took me to one side and exhorted me in an impassioned way to help to keep the President in office on the ground that there was no individual in Nicaragua capable of carrying on if he should leave office. It was noticeable also that at the various reunions of Liberal notables, held at the President’s home before the convocation of the Liberal Grand Convention, those leaders forming the President’s own clique openly preached his continuance in office.
Respectfully yours,