817.00/5294: Telegram
The Secretary of State to the Chargé in Nicaragua (Munro)
[Paraphrase]
Washington, January 20,
1928—6 p.m.
23. The Department is informed that General McCoy left Panama on the Nitro and will probably reach Managua on Sunday. After a careful review of the situation with Mr. Dodds21 we have the following suggestions to make:
- (1)
- Regarding the specific objection that legislative powers, as such, are being delegated to an administrative board, while we do not consider that objection tenable, it may well be that certain amendments calculated to meet it, dealing with relatively unimportant details governing election procedure but not diminishing in any way effective supervision of the election, can be considered. For instance, according to the present draft, the Electoral Board will fix the registration and election dates. We should have no serious objection to having these dates fixed by the Congress of Nicaragua in the electoral law, provided it was done with the substantial agreement of both parties and not as the result of one party using its power to obtain an advantage over the other. Possibly General McCoy will be able to suggest further amendments along this line which will satisfy those who are making contentions on this point. We should consider it unfortunate if amendments of this sort should be proposed and made an occasion for acrimonious and prolonged discussion in Congress. Such amendments ought to be agreed to before submission and their immediate passage assured.
- (2)
- A message was received today from Assistant Secretary Francis White.22 A copy of this message was sent to you. In this message he spoke of conversations with Cuadra Pasos and Zepeda. The idea was advanced by the latter that an agreement might be reached by a very slight change in phraseology, as, for example, in the stipulations granting General McCoy the authority to put in force measures having the force of law (article 3). Instead of employing the words “having the force of law,” Zepeda suggested that such language as “to have full force” or “to have full vigor” or “to have the force of regulatory decrees” might be used. We should feel that such a change would be unobjectionable.
- (3)
- As to the time for making any of these suggestions, you are, of course, the best judge. Naturally, if the law can be passed in its present form, we should prefer that result. We are rather apprehensive lest any sign of weakening by our proposing amendments be misconstrued and jeopardize the entire electoral law. We are relying on you to use your best judgment. Please consult General McCoy and keep us fully informed.
- (4)
- Since preparing the above message we have received your telegram No. 36, January 20, 9 a.m., and are impressed by the desirability of standing firm, as you suggest, on our original position, at least so long as there is any hope of getting the law passed substantially in the form presented by us. What we have said above, therefore, is for your guidance only in case you reach the point where it seems necessary to agree to some such amendments as indicated in order to obtain results.
Kellogg
- Dr. Harold W. Dodds, a member of the American Electoral Mission. Dr. Dodds had been engaged in 1921 by the Nicaraguan Government to assist in the revision of the electoral laws of Nicaragua. See Foreign Relations, 1923, vol. ii, pp. 605 ff.; also ibid., 1924, vol. ii, pp. 487 ff. Dr. Dodds accompanied General McCoy on his trip to Nicaragua in 1927.↩
- See telegram No. 7, Jan. 19, 1 p.m., from Habana, p. 438.↩