Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1912

File No. 817.011/16.

The American Chargé d’Affaires to the Secretary of State.

[Extract.]

No. 171.]

American Legation,
Managua, January 15, 1912.

Sir:* * * The President did everything in his power to keep his pledge to me that the Constitution would not be promulgated until after Mr. Weitzel’s arrival, but he was powerless, as the Mena group became determined to force the issue. They have cherished the conviction that the United States Government would agree to Mena’s election rather than risk the possibility of a disturbance which might imperil the Knox-Castrillo Convention in our Senate. * * *

Finally on the 10th instant the President called Mena and Dr. Suárez, the President of the Assembly, for another conference, in which the President and I reiterated our views. To my astonishment two days later Suarez makes a violent speech in the Assembly and relates in open session the proceedings of our conference. As a consequence a strong anti-American wave strikes the Assembly, and matters go from bad to worse until in the night session the enclosed Act is passed, after waiving all formalities. * * * It would still have been possible for General Mena to have stopped the entire matter, even by telephone. At eleven o’clock the Constitution was read and promulgated in the public park by two strong anti-American deputies, Señores Alcibiades Fuentes and Federico Lacayo. The Act was also read. I was greatly relieved to observe that very little popular interest was taken in the matter. As the hour was late, even the little boys who follow such things were in bed. It was also clear that the proceeding received the full official sanction of General Mena, as a large squad of police surrounded the readers and some pieces of Mena’s own band supplied the music.

As already reported to the Department the Constitution was promulgated without the signature of the Minister for Foreign Affairs. The autograph copy had been in the keeping of the President and was obtained from him under false pretenses by Sr. Salvador Buitrago Díaz, Acting Minister of Gobernación, who represented that he wished it simply to make some comparisons, and in direct contravention to the President’s orders, he sent it to the Assembly. The Minister of Gobernación is an underling of General Mena.

There have been no popular demonstrations to date whatsoever, and the reliable popular opinion strongly condemns action of the Assembly.

I have [etc.]

F. M. Gunther.

[Inclosure.—Translation.]

Decree ordering the promulgation of the Constitution.

The National Constituent Assembly,

Considering that the Chargé d’Affaires of the United States has given evidence of exceptional interest, as was manifested to Dr. Suárez, the President of the Assembly, in delaying the promulgation of the Constitution until the arrival of Mr. Weitzel, the new Minister, who in all probability bears instructions from his Government to make amendments thereto;

Considering that this interposition of the Chargé d’Affaires of the United States carries with it, in effect, an insult to the national autonomy and the honor of the Assembly;

Considering that, above all, it is the duty of the Assembly to preserve the dignity and decorum of the Nation and the good name of this august body;

Considering that, given the territorial extent of our country, it is necessary to promulgate the Constitution some time in advance in order that it may be known to all the inhabitants of the Republic;

Considering that the Executive power has not ordained the publication of the Constitution, and that this Assembly desires that it be promulgated for the general good of the State;

Considering that there exists no principle which makes it indispensable that the Constitution be signed by all the Ministers in order that it may be promulgated and put into effect, or nullifies it for lack of the signature of one of them—

Decrees:

• Article 1. That the Constitution elaborated by the present National Constituent Assembly be published by proclamation, or in the Official Gazette, or in any newspaper of the Republic.
• Article 2. That the Junta Directiva of the Assembly be commissioned to take, the necessary steps to cause this decree to have effect from date, by publishing the said Constitution in this city.

Given, [etc.]

• R. Lopez Callejas.
• Federico Lacayo.
• Jose F. Sacasa.
• Mariano Zavala.

Commission Chamber,
Managua , January 12, 1912 .