817.1051/724: Telegram
The Minister in Nicaragua (Hanna) to the Secretary of State
[Received December 17—11:50 a.m.]
241. Department’s instruction No. 475 of December 2. The Department’s observation concerning part I, article 1, of the project of a basic law for the Guardia has been embodied in the project in so far as it applies to municipal police. General Matthews deems it inadvisable to bring customs and hacienda guards under control of the Guardia for the following reasons:
- 1.
- These two organizations have never operated under control of the Guardia (excepting the hacienda guard during supervised elections);
- 2.
- The nature of the duties performed by these two organizations are such that it is deemed impracticable and unwise to attempt now to have them pass under the control of the Guardia;
- 3.
- The customs guards were organized and have operated under the terms of a prior agreement which will still be in effect after the Guardia agreement has ceased to exist. For political reasons the foregoing provide the essential safeguard by retaining the municipal police under control of the Guardia.
It is deemed preferable to retain the designation “Commanding General” in part I, article 3, because the Spanish equivalent is the term established by long custom here and used in the Nicaraguan Constitution, article 109. The other change suggested for this article has been made.
With reference to the change suggested for part I, article 4, please see article 85, clauses 11 and 19 of the Nicaraguan Constitution. To meet this suggestion we have added a provision to the effect that for the ensuing year the pay for the various grades, commissioned and enlisted, shall be as fixed in the project.
Article 3 of part VI has not been changed as suggested as the objection raised thereto apparently has arisen from a misunderstanding of the existing conditions or such as will probably confront the Guardia after the withdrawal of marine officers.
The project has been modified in such manner as to embody in substance the remaining changes suggested by the Department.
In the absence of further instructions the proclamation as thus modified will be submitted to President Moncada at the earliest practicable moment which probably will be about December 21.