817.00/5243: Telegram
The Secretary of State to the Chargé in Nicaragua (Munro)
[Paraphrase]
Washington, January 13,
1928—11 a.m.
13. Your telegram No. 19, January 11, 3 p.m., raises serious questions.
- (1)
- From the international point of view, a formal declaration of a state of war by the Nicaraguan Congress would probably have the effect of converting Sandino’s status from that of mere bandit to that of leader of an organized rebellion, with possibilities of a recognition of his belligerency by any nation which might deem it desirable to act in that sense.
- (2)
- But even if it be assumed that what is intended is a mere declaration of martial law as set forth in your telegram No. 382, December 22, 4 p.m.,85 coupled with a suspension of constitutional guarantees under paragraph 21 of article 85 of the Constitution of Nicaragua,86 we should still regard this measure as entailing grave embarrassments and responsibilities. Under existing circumstances, martial law, if established in the troubled area, would be administered practically by and under the direction of American officers. We do not desire to have Americans engaged in holding courts martial on Nicaraguans, even captured bandits.
In view of all the circumstances we believe emphatically that the present state of affairs, as far as this question is concerned, for the present will have to be maintained in spite of its inconveniences and difficulties. If the situation changes materially, we shall be willing to review the matter.
Kellogg
- Not printed.↩
- See Foreign Relations, 1912, pp. 997, 1003.↩