817.00/5466: Telegram
The Acting Secretary of State to the Minister in Nicaragua (Eberhardt)
[Paraphrase]
Washington, March 15,
1928—noon.
69. For Minister Eberhardt and General McCoy. Your telegram No. 119, March 14, 2 p.m.
- (1)
- In the present circumstances the Department approves the plan of proceeding by Executive decree, such decree to be so drawn as to provide for effective and thorough American supervision. Every compromise proposal heretofore suggested which would in any way tend to cut down or impair such supervision should now be disregarded. You should, however, consider the Habana amendments so far as they can be incorporated for the purpose of removing technical objections without touching the substance of effective American supervision.
- (2)
- Although it would obviously be desirable to secure eventual ratification by the Congress of Nicaragua, the decree should not be conditioned upon such ratification. As we now see the situation, the Executive branch of the Government of Nicaragua must accept full responsibility for carrying out the agreement for a supervised election. Decrees issued to this end must not be subject to future modification or rejection by the Congress of Nicaragua. Furthermore, we desire to guard against any possibility of future interference with the activities of General McCoy even by Executive action setting aside or modifying the decree. In this connection it may be considered advisable for the President of the United States to make the same decree, mutatis mutandis, in the form of an order to General McCoy as the personal representative of the President of the United States.
- (3)
- We doubt the wisdom of making any reference on the face of the decree to the constitutional provisions supporting it as a proper use of the Executive power. If this becomes necessary, however, we suggest that not only clauses 2 and 33 of article 111 be invoked, but also clauses 23 and 31. Clause 23 appears to be appropriate because the holding of this election in pursuance of the agreement is merely part of a general transaction directly involving the peace and security of Nicaragua. Clause 31 clearly supports the provisions of the proposed decree regarding the employment of the Guardia Nacional to maintain order and tranquillity during the election.
- (4)
- We assume that you will submit the text of the decree for consideration here prior to promulgation. What is the date of the final adjournment of Congress?
Olds