NICARAGUA ASSISTANCE BY THE UNITED STATES IN THE SUPERVISION OF ELECTIONS IN NICARAGUA 1 817.00/6218: Telegram The Secretary of State to the Minister in Nicaragua (Hanna) WASHINGTON, May 8, 1930-7 p. m. 39. Legation's despatch 914, February 13, 1929. Please inform President Moncada that the President has designated Captain Alfred Wilkinson Johnson, United States Navy, for appointment as Chairman of the National Board of Elections of Nicaragua, and suggest that his appointment to that position by the Supreme Court of Justice be effected as soon as practicable. It is contemplated that Captain Johnson will arrive at Managua in the early part of July. As Captain Johnson is an official of the United States Navy, he will not, of course, receive a salary from the Government of Nicaragua for his services, but it is expected that he will be given his necessary travelling expenses and a suitable per diem while on this mission. The neces sary arrangements to this end can be made after Captain Johnson reaches Nicaragua. You may also inform President Moncada that the Department is considering necessary changes in the 1923 electoral law along the lines mentioned in its telegram 71 of May 13, 6 p. m. 1929,3 which revision the Department understands is concurred in by President Moncada, as reported in the Legation's telegram No. 138, dated May 16, 11 a. m. 1929.* STIMSON 817.00/6616: Telegram The Minister in Nicaragua (Hanna) to the Secretary of State MANAGUA, May 9, 1930-3 p. m. [Received 6 p. m.] 53. Department's 39, May 8, 7 p. m. I have informed President Moncada as instructed and he has requested me to inform 1 Continued from Foreign Relations, 1929, vol. I, p. 646-650. Ibid., p. 646. 3 Ibid., p. 648. Ibid., p. 649. you that he is pleased with the designation of Captain Johnson and that he will convene an extra session of the Nicaraguan Congress in June to consider the necessary changes in the electoral law. I did not discuss with him the specific changes to be made in the law. The President pointed out significantly that the Department's proposals in this matter are in response to his urgent request for the assistance of the Government of the United States as set forth in this Government's note of February 12, 1929,5 and I presume he would desire this point to be made clear in case the matter is given publicity in Washington. HANNA 817.00/6618: Telegram The Minister in Nicaragua (Hanna) to the Secretary of State MANAGUA, May 10, 1930-noon. [Received 2:50 p. m.] 55. My telegram number 53, May 9, 3 p. m. Ex-President Diaz called at the Legation this morning and inquired if the Government of the United States will supervise the Nicaraguan elections this year. He said that the nominations of candidates should be made on May 20th and that the Conservative Party will not make nominations unless it knows before that date that the elections are to be supervised. I told him I would not fail to advise him as soon as I could give him any specific information. I suggest that the Department's intentions in this connection be made public in Washington immediately and that this Legation be so informed for its guidance. HANNA 817.00/6618: Telegram The Secretary of State to the Minister in Nicaragua (Hanna) WASHINGTON, May 12, 1930-6 p. m. 41. Legation's 55, May 10, noon. The Department is releasing today for publication tomorrow the following statement respecting the impending Nicaraguan congressional elections. "Before the Nicaraguan Presidential elections of 1928, the candidates of the two contending parties agreed by an exchange of letters * that the one who was successful would request the supervision of the next following Presidential election by the Government of the United States. Shortly after his inauguration President Moncada addressed a formal communication to the Government of the United States? stating that the Government of Nicaragua 'being desirous of laying the foundation for peace in the Republic in a firm and stable manner, by the practice of free institutions, has arrived at an agreement with the Honorable Supreme Court of Justice, by which this High Tribunal, in the exercise of the powers which are conferred on it by the Electoral Law of March 20, 1923, will appoint a citizen of the United States of America, previously designated by His Excellency the President of the United States, as President of the National Board of Elections, in order to assure complete impartiality of this official, and as the primary part of a general plan aiming at the attainment of truly free elections in the future,' and requesting the designation of the American who should serve in this capacity. In accordance with the desires of the Government of Nicaragua the President has now designated Captain Alfred Wilkinson Johnson, United States Navy, for appointment by the Nicaraguan Supreme Court as President of the National Board of Elections. It is contemplated that Captain Johnson will proceed to Nicaragua in the next few weeks for the purpose of assuming his office and assembling the necessary personnel in connection with the impending congressional elections, a step of the utmost importance in the Nicaraguan electoral process.' STIMSON 817.00 Johnson Electoral Mission/6: Telegram The Minister in Nicaragua (Hanna) to the Secretary of State MANAGUA, May 24, 1930-10 a. m. [Received 11:55 a. m.] 61. Department's 39, May 8, 7 p. m. The Supreme Court of Nicaragua on May 23 named Captain Alfred Wilkinson Johnson, President of the National Board of Elections. HANNA 817.00 Johnson Electoral Mission/20 The Secretary of State to the Personal Representative of the President in Nicaragua (Johnson) WASHINGTON, June 13, 1930. MY DEAR CAPTAIN JOHNSON: The President having submitted your name to the President of Nicaragua for appointment as Chairman of the Nicaraguan National Board of Elections, and the Supreme Court of Nicaragua on May 23 having appointed you to that position, I take pleasure in transmitting herewith your commission as the "See note of February 12, 1929, from the Nicaraguan Acting Minister for Foreign Affairs to the American Minister in Nicaragua, Foreign Relations, 1929, vol. III, p. 647. Personal Representative of the President of the United States in Nicaragua, with the rank of Envoy Extraordinary and Minister Plenipotentiary. In handing you this commission, I am authorized by the President to inform you that your mission in Nicaragua will be to carry on to a further point of advancement the cooperation of this Government in electoral matters which was extended during the Presidential elections of 1928, and which the Government of Nicaragua has requested, shall likewise be extended in connection with the impending Congressional elections and the later Presidential elections. It is also the President's desire that you should, during your stay in Nicaragua, study conditions, both political and military, and make recommendations to the President and to me and do everything possible to assist the Nicaraguan Government in electoral and military matters. During your sojourn in Nicaragua you will rank immediately after the American Minister. I am [etc.] HENRY L. STIMSON 817.0131/6 Telegram The Minister in Nicaragua (Hanna) to the Secretary of State MANAGUA, June 25, 1930-5 p. m. [Received 7:18 p. m.] 75. Department's 55, June 24, 1 p. m. When I told President Moncada this morning that the amendments to the electoral law probably would be ready in the very near future for submission to an extra session of the Nicaraguan Congress he told me, to my surprise, that he is strongly of the opinion that the amendments should be made by Executive decree. He said that he felt quite sure that some member or members of the Congress would force an expression of opinion from the Supreme Court involving questions of constitutionality and that obviously unfavorable decision of the Court would create a situation which would defeat the passage of the amendments. When I suggested that a trial submission to Congress be made and that in the event an emergency should arise therefrom similar to that which existed in 1928 the Government could meet it as it was met then, he replied that he had not overlooked that idea but desired to avoid such an emergency and the creation of a scandal. He said that his position moreover would be embarrassing and difficult if he should have to make the amendments by Executive decree after they had been adversely reported upon by the Supreme Court. He added that there could be no legitimate criticism of the Government by the Not printed; it transmitted text of changes in the proposed amendments to the electoral law. Opposition for making the changes by Executive decree because the procedure is for the protection of that opposition in the elections. I answered that such might be the case provided he could say that the amendments to the electoral law were published by him in the exact form that they were drafted by Captain Johnson to guarantee an absolutely free and fair election. He agreed and requested me to present his views for your consideration. I told him I would do so but asked him to keep an open mind on the matter until we could hear from you. The President reminded me that he had long desired to amend the Constitution in such manner as to give specific Constitutional sanction to future supervisions and place them on an enduring basis (see my telegram number 138, May 16, 1929). He seemed to have no doubt that the Supreme Court would be consulted and would give an adverse opinion in the matter. HANNA 817.0131/7: Telegram The Secretary of State to the Minister in Nicaragua (Hanna) WASHINGTON, June 27, 1930-2 p. m. 58. Legation's 75, June 25, 5 p. m. Although the ultimate decision with respect to the manner in which enabling arrangements are to be made for the conduct of the impending Congressional elections rests, of course, with the Nicaraguan Government, the Department is of the opinion that it would be desirable to have the amendment of the electoral law effected under Congressional authority. Would not amendment by Executive Decree be exposed to challenge on Constitutional grounds? Please discuss the situation fully with President Moncada and report by telegraph, giving your recommendations and explaining why objection to the amendments on the part of the Supreme Court need be anticipated in view of its approval of the appointment of Captain Johnson as Chairman of the National Board of Elections. STIMSON 817.0131/8: Telegram The Minister in Nicaragua (Hanna) to the Secretary of State MANAGUA, June 29, 1930-4 p. m. 76. Department's 58, June 27, 2 p. m. [Received 8:52 p. m.] After a prolonged search I met President Moncada late yesterday in the Sierras where he was |