817.00/5313: Telegram
The Chairman of the American Delegation to the Sixth International Conference of American States (Hughes) to the Secretary of State
26. From White. Yesterday I had a long conference with Cuadra Pasos and Zepeda. I read to them your telegram No. 24, January 21, 1 p.m., to the Chargé in Nicaragua. I then urged that measures be taken immediately to have the law passed in the form originally proposed. I stated that Zepeda’s translation of the law appeared to be correct and careful, but that if they believed that it would be more acceptable than the translation made in Managua, I thought that the Department of State would have no objection. Both then urged that Joaquin Gomez’ proposed modified law be accepted. [Page 452] This proposition follows fairly closely the original except in these important points:
- (1)
- It proposes that the American member of the National Electoral Board shall be appointed to assist the other members, rather than a regular member and presiding officer, as provided by the McCoy law.
- (2)
- It omits the important last sentence of article 4 which gives the chairman power to promulgate any act or resolution as an emergency measure.
- (3)
- It omits the phrase in the penultimate sentence of article 2 which reads “but no such removal shall be made without recommendation.”
- (4)
- Article 3, instead of giving the National Board of Elections the power to prescribe regulations having the force of law, provides that the board shall request the Executive to promulgate such regulations as Executive orders.
I informed them that these changes were absolutely unacceptable; that the President of Nicaragua had asked us in writing to supervise the elections; that the President of Nicaragua had promised to give us the necessary authority to do so; and that this must be scrupulously lived up to. I informed them that I had simply consented to receive a counter proposal with the understanding that it would contain everything contained in the McCoy draft; and that it would in no way diminish the complete powers necessary for him to have in conducting the election. They had told me that if they could set forth the same thing in slightly different phraseology to save the amour-propre of the Conservative Deputies who had voted for the substitute law in place of the McCoy law, it would then be possible to pass the law in the form desired by us. I told them very clearly that nothing else would be acceptable to the United States than the full powers required. I indicated that there was nothing in the McCoy law that was not outlined in the letter and memorandum of President Diaz to the President of the United States, May 15, 1927.27 Señor Zepeda said that he had never seen the correspondence between the two Presidents and was therefore not in a position to express an opinion. I then read to him the letter and memorandum of President Diaz of May 15, 1927 and the reply of President Coolidge of June 10.28 Señor Zepeda immediately replied that this changed the entire aspect of the matter so far as he was concerned. He said that there was nothing in the McCoy law that was not in the letter and memorandum of President Diaz, and that every point in the McCoy law objected to by the Congress as unconstitutional was contained in the correspondence of President Diaz to President [Page 453] Coolidge. I indicated that when this letter was sent and the agreement made Colonel Stimson received the opinion from Cuadra Pasos himself that there was nothing unconstitutional in it. This was admitted by Cuadra Pasos, who made no further remarks. Señor Zepeda said that so far as he was concerned there was now no doubt that the Conservative Party was definitely committed to the McCoy law. He said that he would very definitely take such a position with his friends and followers in Nicaragua. He said further that he would cable direct to Chamorro and give him his views and opinion on the subject and tell Chamorro that if he would not respect the obligation assumed by the Conservative Party he would have nothing further to do with him.
Cuadra Pasos then volunteered to do the same. His attitude, however, was far less convincing than that of Zepeda. Both of these gentlemen now clearly understand that we will accept nothing less than parallel with what was agreed upon. Both gentlemen stated, however, that it was necessary to make some slight changes in phraseology which can be agreed upon in Habana and cabled to Managua, saying that this is the law which must be passed without further discussion. They said they would redraft the proposal of Joaquin Gomez and place it in my hands today so I can see if it is acceptable. If I think it is acceptable, I will have it cabled to the Department in order that it may be discussed with Dr. Dodds, and to the Chargé in Nicaragua in order that it may be discussed with General McCoy. If the decision is that we can accept the modified proposal, Cuadra Pasos and Zepeda will cable it to President Diaz, and will say that the law must be passed in that form without further change, saying to President Diaz, of course, that when it is submitted to Congress he must submit with it his exchange of correspondence with President Coolidge demonstrating definitely the commitment of the Conservative Party and its obligation to fulfill its promise.
Copy sent to the Chargé in Nicaragua.
- Telegram in four sections.↩
- Foreign Relations, 1927, vol. iii, p. 350.↩
- Ibid., p. 353.↩