817.1051/782

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

No. 1030

Sir: Supplementing my despatch No. 1021 of December 21, 1932, transmitting a copy of the project of the proposed basic law for the Guardia Nacional, exclusive of Part VII thereof, I have the honor to transmit herewith the English text of Part VII—Articles for the Government of the Guardia Nacional de Nicaragua,70 as furnished to me by General Matthews who states that it is a revision and amendment “to correct certain defects which experience has demonstrated existed in the original draft of these Articles as published for the government of the Guardia Nacional de Nicaragua in 1929”.

General Matthews submitted to President Moncada on the 19th instant the complete project, including Part VII, with the recommendation that it be submitted to the Nicaraguan Congress. A copy of General Matthews’ letter of submission, dated December 19, 1932, addressed to President Moncada, and a translation thereof are enclosed herewith.

Respectfully yours,

Matthew E. Hanna
[Enclosure—Translation]

The Jefe Director of the Guardia Nacional de Nicaragua (Matthews) to the President of Nicaragua (Moncada)

Excellency Mr. President: I have the honor to submit for your consideration, the original and one copy of the “Text of Proposed Legislation for Enactment by the Congress of Nicaragua to Constitute the Basic Law for the Foundation of the Military Structure of the Republic of Nicaragua.”

[Page 922]

It is recommended that this proposed legislation be submitted to the Congress of Nicaragua, for its consideration and formal incorporation in the laws of Nicaragua. It is, further, recommended that this legislation, if enacted, be designated as “The Military Code of the Republic of Nicaragua.”

I feel that I can not too strongly recommend to Your Excellency, and, through Your Excellency, to the Congress of Nicaragua, the desirability and necessity for the enactment of this proposed legislation or some similar legislation as soon as practicable for the government and orderly administration of the Guardia Nacional de Nicaragua.

My reasons for making these recommendations are as follows:

(1)
The Guardia Agreement by which the Guardia Nacional de Nicaragua was created, and under which the Guardia Nacional has functioned until the present time, will cease to exist on 1 January, 1933 upon the withdrawal of American personnel from duty with the Guardia Nacional de Nicaragua.
(2)
The last Military Code of Nicaragua was published on or about 15 October, 1896, prior to the adoption of the present Constitution of Nicaragua on 21 December, 1911.
(3)
It is obvious that the Military Code of 1896, enacted and published 36 years ago, fails to and can not meet the present and more modern conditions existing in the Republic of Nicaragua.
(4)
If the Guardia Nacional de Nicaragua is to be expected to operate with the maximum efficiency, it must have a recognized legal status in the laws of Nicaragua.
(5)
I believe that the proposed legislation which I have the honor to submit herewith to Your Excellency includes the necessary principles for establishment of the military structure of the Republic of Nicaragua on a sound basis in accord with the latest military thought, developments and experiences of other nations.

With highest consideration and esteem, I am [etc.]

C. B. Matthews
  1. Not printed.