817.00 Woodward Electoral Mission/132: Telegram

The Minister in Nicaragua ( Hanna ) to the Secretary of State

139. My telegram 136, July 22, 5 p.m.; Department’s telegram 223, December 29, 6 p.m., 8th paragraph; and Legation’s No. 6, January 12, 7 [5] p.m.

I have just received the following note in translation from the Minister of Foreign Affairs dated July 23rd:

“Under instructions from His Excellency the President of the Republic I have the honor to address Your Excellency in order in the first place to confirm to you the words which that high functionary expressed to Your Excellency in his office yesterday concerning the declarations of Admiral Woodward.

The Admiral dictated his resolution of July 18 without the Johnson laws being in effect, this law not having been effected by it within the Republic until yesterday, according to the corresponding decree of the executive power; and furthermore the resolution referred to was dictated by the Chief of the Electoral Mission, which title has no place in the electoral law except as the name of the supervisory [Page 816] body designated by Your Excellency’s Government. Said resolution therefore is lacking in legal support, and might cause or will later cause discontent on the part of the element or political party which loses in the approaching elections, exposing the country to the perils of civil war.

By reason of the arrangements made with Your Excellency’s Government both Governments, that of the United States and that of Nicaragua, have desired to proceed as in the years 1928 and 1930 to holding of free and honest elections in this year 1932. To this therefore the honor of both countries is committed.

I understand that the resolution referred to was dictated as result of the error of believing that the Johnson law was in effect. But if it was believed that this law governed, article 20 of the same should have been taken into consideration, said article reading:

(a) The national Board of Elections will cooperate with the President of the Republic in the supervision of elections of supreme authorities in 1930 and 1932, et cetera.

But His Excellency the President of the Republic did not hear of the resolution referred to until it was published in the press. He was not consulted or heard in conformity with the article referred to.

Furthermore, according to said article, the President of the National Board is fully authorized to supervise and decide with obligatory force all questions concerning elections of supreme authorities and not to interfere by himself in the internal regime of the parties [unless] as Chief of the Electoral Mission, a tribunal which is not mentioned in any part of the law.

Apart from these circumstances the law itself establishes that the parties are bound to it with immovable ties and the Admiral with his request destroyed all those ties at least as far as the Liberal Nationalist Party is concerned. It has left no conventions, although there are actually two in existence, not even the one which existed at the beginning of February elected in 1927; nor any national and legal board, charged with many functions in the law referred to. In short, the resolution left the party without authorities, the latter being concentrated in so-called general commission of electoral control formed in Leon by an incomplete convention of the party in March of this year. His Excellency the President of the Republic in giving me the instructions referred to above, has told me that in addressing Your Excellency I should express to you his sincere desire that you inform the Department of State of this also requesting Your Excellency to kindly mediate in these difficulties, in order to return to the fulfillment of the law. He also has instructed me to say to Your Excellency that according to a statement of the political member of the Liberal Party on the Board the matter or complaint of the dissident liberal faction was not presented to the Board, and although the President of the Board has full powers to settle with his exclusive vote the questions which arise during the electoral period, he should doubtless do this as President of said Board, and after citing the political members of the parties in order that they may be heard. As these considerations, on merely being expounded, are seen [Page 817] to possess entire justice, His Excellency the President through me insinuates to Your Excellency the necessity of reconsidering the decision taken by Admiral Woodward. I am, et cetera. (Signed) A. Somoza.”

I am just now furnishing Admiral Woodward with a copy of this.

Hanna