817.1051/280

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

No. 519

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.

I am [etc.]

Henry L. Stimson
[Enclosure 1]

Draft of a Note To Be Presented by the Nicaraguan Government

I have the honor to transmit herewith a certified copy of the Agreement for the creation and establishment of the National Guard embodying the amendments to this Agreement which were proposed by the Congress of Nicaragua and approved by the President of the Republic.55 For the information of the Government of the United States in considering whether these proposed amendments are acceptable to it, I have the honor to explain further in this note the intent of the amended provisions and the procedure which will be followed in carrying them out.

My Government does not interpret the penultimate paragraph of Article I of the Agreement as prohibiting the Executive Power of Nicaragua from making such further provision for the needs of the Guardia as may be necessary, utilizing for this purpose funds taken from the surplus revenues or other sources. It is understood that the amount necessary for the efficient maintenance of the Guardia will be the subject of study by the two Governments, and that pending a further agreement between them regarding this amount the Nicaraguan Government will make available to the Chief of the Guardia for the use of that organization the sum of five hundred thousand cordobas during each period of six months.

[Page 634]

In accordance with the provisions of the Tipitapa Agreement the Guardia Nacional will be the sole military and police force of the Republic and consequently the Hacienda Guards will be disbanded in each Department as the Guardia forces become available.

Articles II and VIII of the Agreement have been amended to provide that the President may issue his orders to the Guardia through the proper channels (organos correspondientes). It is understood that this term refers to the Ministers of Gobernacion and Hacienda and that the Chief of the Guardia will not be required to give effect to any order not signed by those officials or by the President himself, and furthermore it is understood that all orders for the Guardia will be issued only through the Chief of the Guardia.

With regard to Article III it is understood that the words “control and command” refer to the general authority of the President of the Republic, who will issue orders in general terms as to the policy to be followed. The Chief of the Guardia, however, will have full authority and full responsibility with regard to the details of its internal administration, including matters relating to recruiting, appointment, instruction, training, promotion, examination, discipline, operation of troops, clothing, rations, arms and equipment, and quarters and administration.

In executing Article V the following procedure will be followed:

If a Nicaraguan member of the Guardia is charged with a common law offense the judicial authorities before whom the charge is made shall inform the Commanding Officer of the Guardia in that district. The latter, after investigating and ascertaining that there is evidence that an offense has been committed which is not within the competence of the Guardia tribunals established under Article VI, shall deliver the accused to the judicial authorities.

Article XII is not interpreted to mean that officers of the Guardia must speak Spanish at the time of their detail to that organization.

[Enclosure 2]

Draft of a Note To Be Handed to the Nicaraguan Government by the American Minister

I have the honor to acknowledge the receipt of the note of . . . . . . . with which Your Excellency transmitted a certified copy of the Agreement for the creation and establishment of the National Guard embodying the amendments to this Agreement which were proposed by the Congress of Nicaragua and approved by the President of the Republic.

I have informed my Government of the text of these amendments and of Your Excellency’s explanation of their meaning and [Page 635] the procedure to be followed in executing the provisions of the Agreement as amended. In this connection Your Excellency made the following statement:

“My Government does not interpret the penultimate paragraph of Article I of the Agreement as prohibiting the Executive Power of Nicaragua from making such further provision for the needs of the Guardia as may be necessary, utilizing for this purpose funds taken from the surplus revenues or other sources. It is understood that the amount necessary for the efficient maintenance of the Guardia will be the subject of study by the two Governments, and that pending a further agreement between them regarding this amount the Nicaraguan Government will make available to the Chief of the Guardia for the use of that organization the sum of five hundred thousand cordobas during each period of six months.

“In accordance with the provisions of the Tipitapa Agreement the Guardia Nacional will be the sole military and police force of the Republic and consequently the Hacienda Guards will be disbanded in each Department as the Guardia forces become available.

“Articles II and VIII of the Agreement have been amended to provide that the President may issue his orders to the Guardia through the proper channels (organos correspondientes). It is understood this term refers to the Ministers of Gobernacion and Hacienda and that the Chief of the Guardia will not be required to give effect to any order not signed by those officials or by the President himself, and furthermore it is understood that all orders for the Guardia will be issued only through the Chief of the Guardia.

“With regard to Article III it is understood that the words ‘control and command’ refer to the general authority of the President of the Republic, who will issue orders in general terms as to the policy to be followed. The Chief of the Guardia, however, will have full authority and full responsibility with regard to the details of its internal administration, including matters relating to recruiting, appointment, instruction, training, promotion, examination, discipline, operation of troops, clothing, rations, arms and equipment, and quarters and administration.

“In executing Article V the following procedure will be followed:

“If a Nicaraguan member of the Guardia is charged with a common Jaw offense the judicial authorities before whom the charge is made shall inform the Commanding Officer of the Guardia in that district. The latter, after investigating and ascertaining that there is evidence that an offense has been committed which is not within the competence of the Guardia tribunals established under Article VI, shall deliver the accused to the judicial authorities.

“Article XII is not interpreted to mean that officers of the Guardia must speak Spanish at the time of their detail to that organization.”

In view of the above statement I have the honor to inform you that my Government accepts the provisions of the Agreement as amended by the Nicaraguan Government upon the understanding that these amendments will be interpreted in accord with the understanding arrived at by this exchange of notes.

  1. See translation, p. 625.