817.1051/703

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

No. 960

Sir: With reference to my despatch No. 784 of May 13, 1932, and previous correspondence concerning the preparation of a basic law for the foundation of the military structure of the Republic of Nicaragua, for submission to the Nicaraguan Congress at its next sessions, I have the honor to transmit herewith for the Department’s consideration a draft of such basic law submitted to me by the Jefe Director of the Guardia Nacional on November 3.

I have examined the enclosed draft and consider it, in general, very satisfactory. I desire to invite the Department’s attention, however, to that portion of Article I, Part I, which reads: “but this provision shall not be interpreted to prohibit the organization of Municipal Police forces by municipalities or Hacienda Guards or Customs Guards or other forces dedicated solely to the enforcement of civil or criminal laws”.

I reminded General Matthews that the above provision was contrary to the spirit and letter of the Guardia Agreement which contemplated that the Guardia Nacional should constitute the sole military and police force of the Republic. General Matthews stated that he was aware of this, but that while he fully agreed that municipal police should be under the Guardia while American officers continued to command that organization he did not think that Guardia control of municipal police would be desirable with the Guardia under Nicaraguan officers. He further stated, however, that while the article referred to represented his own opinion accurately, he had carefully considered the other view, and recognized that it had advantages as well as disadvantages, and that he would gladly yield his views to the Department’s opinion in the event that it might differ from his own.

In this connection I desire to point out that the candidates of the two parties, as I have separately reported, have just signed an agreement in my presence to maintain the non-partisan character [Page 889] of the Guardia during the next presidential administration. At no time during the discussions leading up to the agreement was any objection presented by either side to the continuance of Guardia control of municipal police. It is my opinion that if partisan influences are unrestrained in the municipal police forces of the Republic, the beneficial effects of the agreement will be greatly impaired and the abuses it is intended to prevent may be committed without restraint.

Additional copies of the draft law are not being submitted in this mail because of press of work and time.

Respectfully yours,

Matthew E. Hanna
[Enclosure]

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

Be it enacted by the Cámara de Senadores and the Cámarade Diputados de Nicaragua en asemblea de Congreso:—

The provisions of this law shall constitute the basic legislation for the foundation of the Military structure of the Republic of Nicaragua; all existing laws, rules, decrees, regulations and orders now in effect which are in conflict with this law are hereby abrogated.

Part I—General Provisions

Article I

The military force of the Republic of Nicaragua shall be known as the Guardia Nacional de Nicaragua, and it shall constitute the only armed national force of the Republic. Any additional armed forces which are now or may hereafter be authorized shall be as additions to the Guardia Nacional de Nicaragua and shall become an integral part of that organization, but this provision shall not be interpreted to prohibit the organization of Municipal Police forces by municipalities or Hacienda Guards or Customs Guards or other forces dedicated solely to the enforcement of civil or criminal laws.

Article II

The Guardia Nacional de Nicaragua is clothed with full power to preserve domestic peace and the security of individual rights. It shall have control of all arms and ammunition, military supplies and supervision of the traffic therein throughout the Republic. It shall [Page 890] have control of all fortifications, barracks, buildings, grounds, prisons, penitentiaries, vessels, and other government property used by the Guardia.

Article III

The President of the Republic of Nicaragua shall be Commanding General of the Guardia Nacional de Nicaragua, and all orders from him pertaining to the Guardia Nacional de Nicaragua except in cases of emergency shall be delivered through the Minister of War to the Jefe Director for execution.

Article IV

The strength of the Guardia Nacional de Nicaragua shall be fixed annually by Congress upon recommendation of the President of the Republic, and for the ensuing year is hereby fixed as follows:

TABLE OF STRENGTH:

Officers:

line:

Rank: Number:
Major-General—Jefe Director 1
Brigadier-General—Chief of Staff 1
Colonels 4
Majors 8
Captains 26
First Lieutenants 40
Second Lieutenants (Permanent) 50
Second Lieutenants (Temporary)  70
Total Line 200

medical:

Colonel—Medical Director 1
Captains 3
First Lieutenants  3
Total Medical Commissioned 7
Medical Contract Surgeons 10
Total Medical 17
Aggregate 217

Enlisted:

line:

[Page 891]
Sergeants-Majors 4
Quartermaster-Sergeants 15
First Sergeants 34
Sergeants 115
Corporals 238
Trumpeters 14
Privates 1638
Total Line 2058

medical:

First Sergeants 4
Sergeants 10
Corporals 31
Privates  17
Total Medical 62

bands:

Second Leader 1
First Class Musicians 10
Second Class Musicians 5
Third Class Musicians  14
Total Band 30
Aggregate Enlisted 2150
Total Officers and Enlisted 2367
(Including ten (10) Contract Surgeons)

Article V

Moneys shall be appropriated annually to defray the expenses for pay, subsistance, allowances, equipment, uniforms, transportation, administration, and other current expenses of the Guardia Nacional de Nicaragua. Allotments for the various needs of the Guardia Nacional de Nicaragua shall be made from these moneys by the Jefe Director.

Part II—Composition

Article I

The Guardia Nacional de Nicaragua shall consist of a General Staff Corps, line combatant troops, the Medical Department, Quartermaster Department, Paymaster Department, and such other administrative staff departments as may hereafter be created by law, and of all officers and men who may be called into the military service as volunteers or auxiliaries and all such persons as are drafted into the military service of the Republic of Nicaragua in accordance with the authority contained in Article 142 of the Constitution of Nicaragua.

[Page 892]

Article II

The Guardia Nacional de Nicaragua shall at all times be organized so far as practicable into companies, battalions, regiments and brigades, and whenever the national interests so require and the President may deem it expedient, into divisions or larger units. For the purpose of administration and tactical control the territory of Nicaragua shall be divided into military areas and departments with an appropriate number of troops assigned to each in accordance with the existing situation.

Part III—The Corps of Officers

Article I

All officers commissioned in the Guardia Nacional de Nicaragua shall be commissioned as either line or medical officers.

Officers of the line shall be detailed in the number required for duty in the General Staff Corps, Quartermaster Department, Paymaster Department and other staff departments; while so serving they shall be designated as staff officers.

Article II

All officers of the line of the Guardia Nacional de Nicaragua shall be carried on one lineal list and take rank and precedence in accordance therewith, the officer holding the commission of oldest date in his rank being senior officer in that rank, the officer holding the second oldest commission being the second senior officer in his rank and so on from the Jefe Director downward through the lineal list to the foot of the rank of second lieutenant. Officers of the same rank and date of commission shall take rank among themselves in accordance with the number stated on their commissions, a lower number being senior in rank to a higher number.

All officers of the Medical Department shall be carried on one lineal list and take rank and precedence therewith, the officer holding the commission of oldest date in his rank being senior officer of that rank, the officer holding the second oldest commission being the second senior officer in his rank and so on from the Medical Director downward through the lineal list to the foot of the rank of second lieutenant. Officers of the same rank and date of commission shall take rank and precedence among themselves in accordance with the number stated on their commissions, a lower number being senior to a higher number.

All officers commissioned in the Guardia Nacional de Nicaragua after the passage of this act shall enter the Guardia as and be commissioned [Page 893] as second lieutenants and be placed at the foot of the lineal list in accordance with the dates of their commissions. Officers commissioned on the same date shall be placed on the lineal list and their commissions numbered in accordance with their relative standing as determined by a competitive examination.

Article III

All promotions of officers from one rank to another shall be made by seniority after having demonstrated before an examining board appointed by the Jefe Director their professional, moral and physical fitness for promotion to the next higher rank. Should the senior officer of a rank due for promotion to the next higher rank fail to pass the prescribed examination, the next senior officer shall be examined to fill the existing vacancy. Examination of officers to fill the vacancy will be continued until an officer is found competent.

Article IV

Examining boards for the appointment of promotion of officers of the line and Medical Department shall be convened by the Jefe Director and shall be composed as follows:

(a)
In the case of examination for original appointment as a second lieutenant of the line, of three line officers.
(b)
In the case of examination for promotion of line officers, of three officers of the line senior in rank to the officer being examined.
(c)
In the case of examination for original appointment as a second lieutenant in the Medical Department, of three Medical officers.
(d)
In the case of examination for promotion in the Medical Department, of three medical officers senior in rank, if practicable, to the officer being examined.
(e)
Appointments to office as Jefe Director and Medical Director shall not be made subject to examination by either a Medical Board or Examining Board.

Article V

All candidates for appointment as commissioned officers in the Guardia Nacional de Nicaragua, shall, prior to appearing before an Examining Board, for examination for appointment, be examined by a board of medical examiners convened by the Jefe Director, which shall determine the candidate’s physical fitness or unfitness for appointment. The report of the board of medical examiners shall be referred to the Examining Board.

Article VI

All officers who are to be examined for promotion from one rank to a higher one shall, prior to appearing before an Examining Board [Page 894] for examination for such promotion, be examined by a board of medical examiners, convened by the Jefe Director, which shall determine the officer’s fitness or unfitness for promotion. The report of the board of medical examiners shall be referred to the Examining Board.

Article VII

A board of medical examiners convened for the examination of candidates for appointment as commissioned officers of the Guardia Nacional de Nicaragua or for promotion of commissioned officers of the Guardia Nacional de Nicaragua to a higher rank shall consist of two officers of the Medical Department of the Guardia Nacional de Nicaragua.

In the event a candidate for original appointment as a commissioned officer in the Guardia Nacional de Nicaragua fails to pass successfully the prescribed physical examination by the board of medical examiners, the Examining Board will not proceed with the mental, moral or professional examination.

In the event an officer, due for promotion, fails to pass the required physical examination for promotion before a board of medical examiners, the Examining Board will not proceed with the professional examination of the candidate but shall definitely determine whether the physical incapacity is a result of the officer’s own misconduct or whether it was incurred in line of duty and incident to the service.

Article VIII

Any officer found physically incapacitated for further service or for promotion will be retired from the service. If disability results as an incident to service he shall be placed on the retired list at . . . . . of the regular pay of his rank; if the disability results from his own misconduct he shall be retired without pay.

Article IX

Any officer found professionally unqualified for promotion shall, provided he be found physically, mentally and morally qualified for such promotion, be re-examined within six months by an examining board. If he again fails, either mentally, morally or professionally, he shall be discharged from the service. If he is found physically, mentally, morally and professionally qualified he shall be promoted subject to the following provisions:

(a)
When the examination is for promotion from major to colonel he shall lose one number from what he would have had had he not failed in his first examination.
(b)
When the examination is for promotion from captain to major [Page 895] he shall lose two numbers from what he would have had had he not failed in his first examination.
(c)
When the examination is for promotion from first lieutenant to captain he shall lose three numbers from what he would have had had he not failed in his first examination.
(d)
When the examination for promotion is from second lieutenant to first lieutenant he shall lose five numbers from what he would have had had he not failed in his first examination.

Article X

No commissioned officer of the Guardia Nacional de Nicaragua shall hold any other elective or appointive office in the Government of the Republic, nor take active part in promoting the election of any political candidate to any office. The acceptance of any other office by a commissioned officer of the Guardia Nacional de Nicaragua shall be considered as his resignation from the Guardia provided that a Guardia officer may be appointed by the President to fill the office of Jefe Politico of a department in time of internal disorder, rebellion, or war, or when Martial Law has been declared in that department, and the officer so appointed may detail officers serving under his command to subordinate positions for the administration of Martial Law throughout the department. In such a case the officer so appointed shall be known as the Military Governor of the department.

Article XI

No commissioned officer of the Guardia Nacional de Nicaragua shall be arbitrarily dismissed from the Guardia service, without cause, by any authority.

Article XII

All officers shall be required, upon their original appointment as commissioned officers, to take an oath to sustain the Constitution of Nicaragua and to abstain from an active participation in politics during their service in the Guardia Nacional de Nicaragua.

Part IV—The Enlisted Personnel

Article I

In time of peace all enlistments in the Guardia Nacional de Nicaragua shall be voluntary. Each person enlisting shall take an oath to sustain the Constitution of Nicaragua and sign a contract to serve faithfully for a period of two years, and to abstain from active participation in politics during the period of their enlistment.

The ranks of enlisted men and their distribution therein shall be such as the President may from time to time direct.

[Page 896]

The Jefe Director with the approval of the President shall promulgate special rules and regulations regarding all matters of recruiting, instruction, training, promotion, examination, discipline, operations, clothing, rations, arms and equipment, quarters and administration, but for the purpose of this act the existing orders, rules, and regulations now in force in the Guardia Nacional shall continue in effect until revoked or modified by competent authority.

Article II

No enlisted man shall be discharged by any authority except by the order of the Jefe Director, the President of the Republic, or, pursuant to the sentence of a consejo de guerra. In every case of the separation of an enlisted man from the Guardia Nacional except in cases of death or desertion, there shall be delivered to the man a certificate of discharge signed by the Jefe Director or an officer designated by him to sign such certificate.

Part V—Miscellaneous Provisions

Article I

An enlisted man of the Guardia Nacional de Nicaragua who has been turned over to civil or criminal courts shall, at the discretion of the Jefe Director, be either discharged from the Guardia Nacional de Nicaragua or be suspended from the pay and allowances of his rank during the time he is absent from duty while in the hands of such authorities. In every case of conviction of a criminal charge in which more than a correctional sentence involving confinement is adjudged, the enlisted man concerned shall be discharged from the Guardia Nacional de Nicaragua.

Article II

A commissioned officer of the Guardia Nacional de Nicaragua who has been turned over to a civil or criminal court for trial shall be suspended from his rank, pay and allowances of his rank during the period he is in the hands of such civil authorities. In all cases of conviction in a civil or criminal court in which more than a correctional sentence involving confinement is adjudged, the officer concerned shall be dismissed from the Guardia Nacional.

Article III

All offenses committed by members of the Guardia Nacional de Nicaragua in violation of the Articles for the Government and Discipline of the Guardia Nacional de Nicaragua, or in violation of the [Page 897] civil or criminal laws of the Republic will be brought to trial by a consejo de guerra or the person involved turned over to the civil or criminal courts for trial.

Article IV

The Jefe Director shall, subject to the approval of the President of the Republic, promulgate the necessary rules and regulations governing the administration of the staff departments of the Guardia Nacional de Nicaragua, but for the purpose of this law the rules and regulations now in effect pertaining to the staff departments shall be continued in full effect and force until they shall have been revoked or modified by competent authority.

Article V

The Jefe Director shall, subject to the approval of the President of the Republic, promulgate the necessary regulations for the administration of the Guardia Nacional de Nicaragua, but for the purpose of this law the regulations now in effect shall remain in full force and effect until revoked or modified by competent authority.

Article VI

It shall be the duty of the Jefe Director to issue the necessary and timely orders for the interior government of the Guardia Nacional de Nicaragua and the conduct of its military operations.

It shall be the duty of all officers who are in command of stations, districts, departments and areas, to issue such necessary and timely orders as may be necessary for the proper interior government of their respective commands and the conduct of military operations.

Article VII

Officers and enlisted men of the Guardia Nacional de Nicaragua shall have the right to purchase for their personal use articles carried on the property account of the Quartermaster Department, under the provisions of such regulations as shall be issued by the Jefe Director.

Article VIII

It shall be illegal for any person not in the military service of the Republic of Nicaragua to wear any distinctive parts of the uniform or insignia of rank adopted by and prescribed for the Guardia Nacional de Nicaragua.

[Page 898]

Part VI—Jurisdiction of Civil and Criminal Courts and Consejos de Guerra Defined in Relation to Members of the Guardia Nacional de Nicaragua

Article I

All offenses committed by members of the Guardia Nacional de Nicaragua in violation of the Articles for the Government and Discipline of the Guardia Nacional de Nicaragua shall be subject to trial by a Consejo de guerra composed of commissioned officers of the Guardia Nacional de Nicaragua in accordance with the provisions of the Articles for the Government and Discipline of the Guardia Nacional de Nicaragua.

Article II

All offenses committed by members of the Guardia Nacional de Nicaragua against the civil and criminal laws of the country, if committed as individuals not in the performance of assigned military or police duties shall be tried by the civil or criminal courts of the Republic.

All offenses committed by members of the Guardia Nacional de Nicaragua while in the performance of their assigned military or police duties shall be tried by a consejo de guerra and punished as such consejo may direct.

Article III

In cases where an offense is-committed by a member of the Guardia Nacional de Nicaragua which is in violation of both the Articles for the Government and Discipline of the Guardia Nacional de Nicaragua and the civil or criminal laws of the Republic, the decision as to which tribunal shall take jurisdiction shall rest with the President, who will be furnished with the report of an investigation of the case conducted by an officer or officers of the Guardia Nacional de Nicaragua, but if the offense is committed in the performance of an assigned military or police duty or in time of Martial Law a court martial shall have exclusive jurisdiction.

Article IV

The findings of the consejos de guerra of the Guardia Nacional de Nicaragua after approval by the Jefe Director in the case of enlisted men and after approval by the President in the cases of officers are final, and not subject to appeal or review except by the Supreme Court of Nicaragua and then only in questions of jurisdiction.

[Page 899]

Part VII—Articles for the Government and Discipline of the Guardia Nacional de Nicaragua

Note: A revision of the present Articles for the Government and Discipline of the Guardia Nacional de Nicaragua to correct certain defects which experience has demonstrated exist therein and to make certain necessary changes to meet the situation that will exist after the withdrawal of the American Personnel now serving in the Guardia Nacional, will be made for insertion in this part of the proposed legislation. It is desired that these Articles for the Government and discipline of the Guardia Nacional de Nicaragua be included in this proposed legislation for the Guardia Nacional de Nicaragua in order that consejos de guerra convened under the authority thereof may secure a recognized legal status in law and insure that trials had by such consejos de guerra may operate as a bar to further trial by civil or criminal courts as provided in Article 32 of the Constitution of Nicaragua.