817.1051/280
The Secretary of State to the Chargé in Nicaragua ( Hanna )
Sir: The Department has received and carefully considered the Legation’s despatch No. 942 of March 30, 1929, as well as earlier despatches and telegrams regarding the amendments proposed by the Nicaraguan Government in the Agreement for the establishment of the Guardia Nacional.
This Government desires as far as possible to meet the wishes of General Moncada and the Congress of Nicaragua with respect to the Guardia Agreement, and has no desire to insist upon its own point of view with respect to unessential details. It has, however, found itself unable to accept certain of the changes proposed by the Congress of Nicaragua because it can not take the responsibility of lending officers of its armed forces for the organization of the Guardia unless it feels certain that the outcome will not reflect discredit on them and that they will never be placed by the operation of the Agreement in a situation inconsistent with their position as officers of the United States. This Government considers it especially necessary that the Agreement, while making the Guardia Nacional subject of course to the command of the President of Nicaragua, should give the Chief of the Guardia a sufficient measure of control over such matters as recruiting, internal organization and discipline to enable him to maintain the strict non-partisanship which under the terms of the Tipitapa Agreement must be its essential characteristic.
The amendments in which this Government has found itself unable to concur are the following:
- Article I. The proposed changes in the penultimate paragraph if put into effect would apparently compel the immediate reduction of the [Page 631] Guardia to a strength which has been shown by experience to be inadequate for the fulfillment of its mission. The Department would have no objection to a definite provision regarding the number of officers and men and the amount of money to be appropriated, with a further provision that increases must be approved by Congress, but if Article I is to be amended in this manner it must obviously authorize a sufficient force and a sufficient appropriation to cover the actual minimum needs of the Guardia at the present time. The best information now available would indicate that the Guardia under present conditions requires an annual appropriation of approximately $1,000,000. This Government is gratified to know that this amount is now being made available. It would seem advisable that a further study of this matter should be made in the near future by the Nicaraguan Government, the American Legation and the Chief of the Guardia in order that both Governments may be more fully informed regarding the present needs of the organization, and in order that arrangements may be made to provide for its financial requirements in a satisfactory and permanent manner.
- Article II. This Government cannot consent to a provision which might be interpreted to require subordinate officers of the Guardia to take orders from local Nicaraguan officials. Such an arrangement would prevent any unity of command or policy in the organization. Furthermore, because of the inevitable differences in points of view, it might lead at times to situations where local Guardia officers might be called upon to take action which they considered inconsistent with the nonpartisanship and exact justice which must characterize the conduct of the organization if American officers are to be connected with it. Friction and loss of efficiency would necessarily result. The Department feels that this difficulty can only be avoided and that the prestige of the Guardia as an organization can only be maintained if the force is subject solely to the direct command of the President of the Republic, acting in his own name or through the appropriate member of his cabinet.
- Article III. The amendment of this article apparently contemplates an increased supervision by the President of the Republic over matters pertaining to the internal organization of the Guardia. While this Government of course desires that the policy pursued by the Chief of the Guardia in the direction of the organization should always be satisfactory to the President it does not feel that the aims of the organization can be best attained unless the Chief of the Guardia is given full authority and responsibility over matters such as recruiting, training and discipline. The non-partisanship of the new force cannot otherwise be maintained. The Department has no doubt that President Moncada would always uphold the Chief of the Guardia in maintaining the best standards in its internal organization, [Page 632] but it wishes to point out that a situation might easily arise at some time in the future and under another administration when it would be of the utmost importance for the Chief of the Guardia to have the necessary authority with respect to its internal administration to maintain it on the high plane contemplated by the Tipitapa Agreement. It is suggested, therefore, that the original wording of Article III be retained.
- Article V. Nicaraguan members of the Guardia who commit ordinary offenses will of course be subject to prosecution in the local courts, and there will be no disposition on the part of their American officers to shield them or to hinder a thorough investigation of their actions. The efficiency and morale of the Guardia might, however, be gravely affected if the Nicaraguan members of the organization were exposed to prosecution by local judicial authorities for acts performed in the line of duty or in extreme cases to judicial persecution for political or personal reasons. The United States would not wish to conclude an agreement under which its officers might be placed in a position where their subordinates might be subjected to prosecution for acts committed in good faith under their orders. The Department feels that the original wording of Article V amply safeguards the rights of all concerned in this respect.
- Article VIII. The proposed amendment to this article is unacceptable for the same reason as the proposed amendment to Article II.
- Article XII. The amendment to this Article if interpreted to mean that all officers must speak Spanish at the time of their detail to the Guardia would be very difficult of enforcement. Every effort will be made to detail Spanish-speaking officers to the Guardia and to require those who do not already speak that language to learn it, but it would be inadvisable to restrict the selection of officers to the relatively small number of members of the navy and marine corps who now possess this qualification.
While a reconsideration by the Nicaraguan Congress of the proposed amendments would in the Department’s opinion be the most satisfactory method of reaching an accord, the Department feels that many if not all of these objections to the amendments as outlined above might adequately be dealt with by an exchange of notes between the two Governments if President Moncada considers it preferable to arrive at the necessary understanding in this manner. You may discuss this suggestion with him, showing him the enclosed drafts of notes to be exchanged which embody the Department’s views as to the points which should be covered.
It is noted that General Moncada has stated to the Minister in conversation that he is disposed to continue the operation of the Guardia under the present arrangement. While this Government considers [Page 633] this arrangement highly unsatisfactory and would not desire to have the Guardia continue indefinitely to operate under Executive Decree, it is disposed, because of its deep interest in assisting President Moncada to maintain peace and order, to continue temporarily to cooperate with the Nicaraguan Government on this basis. It hopes, however, that President Moncada will confirm his statement to you in a formal request for the continuance of American officers in the Guardia as at present constituted.
Before communicating the above to President Moncada the Department desires that you should discuss the matter again with the Chief of the Guardia, showing him this instruction and inquiring whether he has any comments to express regarding the Department’s views as herein set forth, and whether any of the other amendments proposed by the Nicaraguan Government are in his opinion sufficiently objectionable to require action by this Government. Unless, after consultation with General McDougal, you consider it advisable to make further recommendations to the Department, you may present to President Moncada the Department’s views as set forth above.
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