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made for the fact that President Araujo's departure from the country can hardly be considered to have been voluntary and the additional fact that article 36 of the Constitution recognizes the "right of insurrection" and provides that when a President is removed by an insurrection his position is to be filled in the form established by the Constitution. It is not my desire to urge early recognition of the Government of General Martínez. I believe that his government represents today the choice of the great majority of the people and that, if he is able to resist the pressure of politicians and grafters, he will give the country a good administration although he will certainly have to confront serious problems of a financial character. On the other hand, I believe that recognition should not be unduly delayed as various disquieting rumors are already afloat, especially one to the effect that General Claramount has obtained control of the recruiting service and that no applicants for enlistment in the army are accepted unless they present a card from him. Messrs. Gómez Zárate and Enrique Cordova and General Claramount and representatives of Dr. Miguel Tomás Molina have signed an agreement to abstain for the present from all political activities except such as are directly concerned with the municipal elections which were to have been held on December 13 and will probably be held on December 20, and the elections of members of the Legislative Assembly which are to be held on January 9 to 11, 1932. If this agreement is adhered to it would appear that no trouble need be expected in the near future except from General Claramount. However, undue delay in granting recognition will inevitably weaken the position of General Martínez and there may be a scramble by all the recent Presidential candidates and even by others to see which can overthrow the existing government before any of the others can do so.

Respectfully yours,

816.01/21 Telegram

C. B. CURTIS

The Minister in El Salvador (Curtis) to the Secretary of State SAN SALVADOR, December 16, 1931-6 p. m. [Received 8:25 p. m.]

120. General Martínez is showing considerable concern regarding recognition by the United States.

Yesterday evening he called in the Acting Fiscal Agent, assured him loan payments would be continued, asking him to offer freely advice concerning financial and taxation matters, and broached the subject of recognition but desisted when informed that his visitor was not an American citizen.

This morning he called in the American representative of the Panama Mail Line and asked him to get me to urge you to grant recog

nition. I informed the latter that the decision in this matter was entirely in your hands.

He also called in the manager of the International Railways and asked him to get his home office to recommend that you recognize his Government. [Paraphrase.] General Martínez informed him that he felt that he could continue for a limited time without recognition, and he could maintain an orderly government indefinitely thereafter, but that if recognition were withheld for a protracted period the political leaders would promote troubles which he felt certain he could not suppress. [End paraphrase.]

CURTIS

816.01 Caffery Mission/1: Telegram

The Secretary of State to the Minister in El Salvador (Curtis)

[Paraphrase]

WASHINGTON, December 16, 1931-6 p. m.

68. The American Minister in Colombia, Jefferson Caffery, former Minister in El Salvador, who is now in the United States on leave of absence, has kindly consented to go to El Salvador as Special Representative of the Department of State in order to confer with you in a study of the situation and to suggest as to who might constitutionally succeed to office and still not be debarred from recognition by the United States and the Central American Governments by the provisions of the treaty of 1923.

The Department feels that Mr. Caffery, because of his previous service in El Salvador, will be in a particularly favorable position to assist the Department and the Legation in the present situation in El Salvador.

Mr. Caffery will arrive in San Salvador by airplane on the afternoon of December 19. He will be accompanied by Mr. Freeman Matthews, Second Secretary of Legation. Please extend to Mr. Caffery all facilities of the Legation. Please make hotel reservations for them: a sitting room, bedroom and bath for Mr. Caffery and bedroom and bath for Mr. Matthews.

STIMSON

816.01/20b: Telegram

The Secretary of State to the Minister in El Salvador (Curtis) WASHINGTON, December 16, 1931-7 p. m.

69. A United Press despatch from San Salvador dated December 14 states that the Mexican Government already has recognized the Martínez regime. Please report by cable.

STIMSON

816.01/22 Telegram

The Minister in El Salvador (Curtis) to the Secretary of State

SAN SALVADOR, December 16, 1931-10 p. m. [Received December 17-12:08 a. m.]

121. Your 69, December 16, 7 p. m. Mexican Minister informs me that in accordance with the Estrada doctrine 27 relations between Mexico and El Salvador have not been interrupted but that he has taken no action beyond acknowledging receipt of a note informing him of the change of government.

CURTIS

816.01/25 Telegram

The Chargé in Nicaragua (Beaulac) to the Secretary of State

MANAGUA, December 18, 1931-2 p. m. [Received 5:03 p. m.]

221. Department's 214, December 6 [8], 6 p. m.28 The Minister for Foreign Affairs told me this morning that he would await word from me before arriving at a decision regarding the recognition of the new government in Salvador. He states that he wishes to work in accord with the United States and other signatories in this respect. He told me that the Nicaraguan Consul General had sent him favorable reports of the new government.

816.01/25a: Telegram

BEAULAC

The Secretary of State to the Minister in El Salvador (Curtis)

WASHINGTON, December 18, 1931—6 p. m.

70. For Caffery. In accordance with our conversations with you we had intended to dispatch tonight a telegram to our missions in Central America reading as follows:

[Here follows text of telegram No. 42, December 20, 1 p. m., to the Chargé in Costa Rica, printed on page 203.]

On further consideration, however, it appears to us that this action, taken before you arrive in Salvador, might seem to tie your hands. We still feel thoroughly convinced of the soundness of the views set forth above, but believe that you should be given entire freedom of action to make such recommendations after your arrival in Salvador

"Instituto Americano de Derecho y Legislacion Comparada, La Doctrina Estrada (Mexico, Publicaciones del Instituto Americano de Derecho y Legislacion Comparada, 1930), and La Opinion Universal sobre La Doctrina Estrada, etc. (Mexico, Publicaciones del Instituto Americano de Derecho y Legislacion Comparada, 1931).

28

See last paragraph of telegram No. 35, December 8, 6 p. m., to the Minister in Guatemala, p. 192.

as you judge advisable, and without having your hands tied in respect to any particular aspect of the situation. The Department, therefore, will not send the telegram in question until it has heard from

you.

STIMSON

816.01/26: Telegram

The Minister in El Salvador (Curtis) to the Secretary of State

[Paraphrase]

SAN SALVADOR, December 19, 1931—10 p. m. [Received December 20-1:16 a. m.]

122. Your 70, December 18, 6 p. m. From Jefferson Caffery. I suggest that you send your proposed telegram immediately, tomorrow if possible. I find that unfortunately the better elements here are now supporting General Martínez because he offers for the moment a stable government and they greatly fear that any change in the situation might bring renewed disturbances.

It is my feeling that I should proceed as quickly as possible to put into effect the plan we agreed on. [Caffery.]

CURTIS

816.01/27a: Telegram

29

The Secretary of State to the Chargé in Costa Rica (Werlich) 2o

WASHINGTON, December 20, 1931—1 p. m. 42. After thorough consideration the Department has come to the conclusion that the regime headed by General Martínez is barred from recognition by the terms of Article 2 of the General Treaty of Peace and Amity of 1923. With reference to that Article it is clear (1) that General Martínez has come into power through a revolution and that the country has not been constitutionally reorganized by the freely elected representatives of the people; and (2) that even in the event of such constitutional reorganization General Martínez could not be recognized inasmuch as he held office as Minister of War within 6 months preceding the revolution.

The Department has stated on various occasions that the policy of the Government of the United States in its dealings with the Central American republics is to be guided by the principles established in the Treaty of 1923. The United States Government, therefore, will not recognize General Martínez as President of Salvador.

29

The same on the same date to the diplomatic representatives in Guatemala (No. 36), Honduras (No. 94), and Nicaragua (No. 217).

The Department desires you immediately to advise orally the Government to which you are accredited of the position of the United States Government as set forth above, to say that the action of the Legation of the United States in Salvador will be guided thereby, and to express the hope that the Government to which you are accredited may see its way clear to instruct its diplomatic representative at San Salvador to follow a similar course, in order that the signatories of the 1923 Treaty and the United States may act in harmony and that the principles which the Central American States established in that Treaty may thus be made effective.

Report by cable the attitude of the Government to which you are accredited and repeat to Legation at San Salvador for its information. STIMSON

816.01/28: Telegram

The Minister in Honduras (Lay) to the Secretary of State

TEGUCIGALPA, December 21, 1931—11 a. m. [Received 2:35 p. m.]

199. Department's telegram No. 94 of December 20, 1 p. m.30 The Minister of Foreign Affairs has formally advised me that by virtue of the terms of article No. 2 of the treaty of 1923 his Government will not recognize General Martínez as President of Salvador and that he will instruct the Honduran Minister at San Salvador so to inform the de facto government there. He added that his Government would not recognize the government of Salvador until it is constitutionally reorganized in accordance with the provisions of the treaty. He is making an announcement of his Government's position to the press today.

Repeated to San Salvador.

LAY

816.01/30 Telegram

The Chargé in Costa Rica (Werlich) to the Secretary of State

SAN JOSÉ, December 21, 1931-11 a. m. [Received 4:25 p. m.]

58. Referring to Department's telegram No. 42, December 20, 1 p. m., the Minister for Foreign Affairs of Costa Rica has just informed the Legation that the Costa Rican Government has decided not to alter for the time being its policy of non-recognition of present regime in Salvador but will continue discussion of the matter with the other Central American Governments with a view toward

30 See footnote 29, p. 203.

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