Constitutional guarantees thus remain suspended only in the province of Habana, as they were restored in Oriente, Pinar del Rio and Matanzas on April 20. Respectfully yours, EDWARD L. REED 837.00/3061: Telegram The Secretary of State to the Chargé in Cuba (Reed) WASHINGTON, May 13, 1931-6 p. m. 64. Navy Department has received the following confidential telegram from the Commandant of the naval station at Guantánamo: "Received reliable information from Havana, Cuba, stating that a well organized revolution is imminent, the local informant believes not later than the 20th." 837.00/3062: Telegram STIMSON The Chargé in Cuba (Reed) to the Secretary of State [Paraphrase] HABANA, May 14, 1931—11 a. m. [Received 1:05 p. m.] 90. Your 64, May 13, 6 p. m. Similar rumors have been current here since the fall of 1930, but they have been more persistent recently. Although the elements comprising the Opposition have been gaining steadily in strength, I do not think they are prepared to start a revolution now. There are no signs of disaffection in the Army. REED 837.00/3075 The Ambassador in Cuba (Guggenheim) to the Secretary of State No. 712 HABANA, May 29, 1931. [Received June 1.] SIR: In conformity with the policy agreed upon in our recent conferences and embodied for my guidance in Assistant Secretary White's "Memorandum of Policy in Cuba" dated May 19, 1931,24 I have the honor to report that since my return to Habana I have twice discussed the Cuban situation with President Machado and on both occasions alluded to the imperative necessity of finding a prompt and effective solution of the present political problem. "Not found in Department files. With reference to the Department's view in favor of the adoption of a plan including the reduction of the terms of Senators and Representatives adequate to satisfy public opinion, the President stated that as far as Congress was concerned, the reduction of the terms of Representatives to four years was feasible, but the ten year senatorial term could not be reduced to less than eight years. A long discussion followed in which the President refused to be convinced on this point and in the course of which he threatened to resign immediately and let the Army run the country, a threat which I do not think he had or has the slightest intention of carrying out. This was on May 23. Yesterday the President invited me to lunch at his country place and our discussion was resumed. His attitude on this occasion revealed that he had undergone a change of heart, for he assured me that he would immediately propose constitutional reforms, appoint a "national cabinet," and also use his influence to induce Congress to accept a reduction of terms to four years. I frankly do not know how much reliance can be reposed in this latter promise. The President's control over Congress is not to be questioned, but the opposition of individual Senators under the leadership of the President of the Liberal Party, Clemente Vazquez Bello, to any reduction in terms of office and to the other constitutional changes that have been proposed, will undoubtedly furnish an obstacle that can be surmounted only with the greatest difficulty and one which might conceivably provide a convenient excuse for the President's failure to secure the enactment of the necessary legislation. I have had a few conversations with emissaries of the opposition in the course of which I explained to them that I could have nothing more to do with them unless they would put into writing what they will accept in the Cortina plan, and I sent word to this effect to General Menocal when it was intimated to me that he wished to continue conversations. I see no present prospect of any agreement among the opposition leaders as to what they will accept. The Nacionalistas met the publication of the Cortina plan with a declaration that they would accept no solution which did not envisage the immediate retirement of the Government. They are undoubtedly encouraged to maintain this position by the hope that the Supreme Court will finally render a decision impugning the constitutionality of the amendments under which the Government and the majority of the Congressmen are now in office. Suits to determine this question were filed in the Supreme Court immediately following the decision regarding the legality of the establishment of the Federal District reported in the Embassy's despatch No. 695 [696] of May 19, 1931.25 25 Not printed. 591381-46-VOL. II-12 In view of the attitude of the opposition, in my opinion the wise course for the Government to pursue will be on its own initiative to pass reform measures adequate to satisfy public opinion. This may possibly compel at least a part of the opposition to adopt a less intransigent attitude. I am enclosing herewith memoranda of my conversations with the President and others regarding political matters from May 22 to May 26.26 A memorandum of the conversation which I had yesterday with President Machado will be transmitted at a later date.27 Respectfully yours, HARRY F. GUGGENHEIM 837.00/3085 The Ambassador in Cuba (Guggenheim) to the Secretary of State No. 722 HABANA, June 8, 1931. [Received June 12.] SIR: Supplementing my despatch No. 712 of May 29, 1931, I have the honor to transmit herewith memorandum of my conversation with President Machado of May 28. Respectfully yours, [Enclosure] HARRY F. GUGGENHEIM Memorandum by the Ambassador in Cuba (Guggenheim) HABANA, June 1, 1931. On Thursday, May 28, I lunched with the President at his finca. He discussed everything but the political situation for about an hour before lunch. During lunch, at which two of his Aides and Senator Fernández were present, the President touched casually on some recent political events. In regard to the press, he mentioned that he had come to the conclusion that the only thing to do with the press was to let it enjoy the same freedom as it did in the United States, regardless of what it might say; at the present moment in Cuba the press is completely free. After lunch, when alone with the President, I asked him what decision he had reached following my last conference with him. He said, "I have decided to carry out the constitutional reforms. During those days in which I am the quietest, I am working the hardest. In the past few days I have had several meetings for the purpose of carrying out these reforms. There have been innumerable reform plans proposed and a 'ponente', Juan Rodriguez Ramirez, has been 26 Not printed. "See despatch No. 722, June 8, infra. appointed to consider the different plans. He, together with Hernández Cartaya and Averhof, has been considering the various proposals and I hope to have a plan following very closely the Cortina ideas." I asked him whether his plan would include the four year term for Senators. He said that he was still working on this question; that he had been unable to get the support of the Senators for this curtailment, but would continue his endeavors. I reiterated my plea that the only way he could hope to get the support of the country and the newspapers, even if not the opposition, to a reform plan would be to carry it out in a thoroughly sincere and unselfish manner; I thought that the public would require adequate sacrifices on the part of the Senate, in addition to a national cabinet. The President referred to the various proposals for a modified parliamentary form of government and said that he felt sure that the United States would not be in favor of Cuba's adoption of such a measure. I told him that my Government felt that this was a question for the Cubans to work out in their own way; that my personal opinion, as expressed to Cortina, was that it would seem to be the part of wisdom to place such safeguards on their parliamentary system so that the Government would not fall more than a few times-say, during a four year period. I made to the President the same suggestion that I gave to Cortina several weeks ago that when the President's reform plan is finished, which I assumed would be in the form of a message to Congress, he call together representative elements of the Cuban people including the press and the opposition as well, and request them to coöperate with him in putting through the reform plan, those elements which would coöperate to be represented in the national cabinet. However, I pointed out that unless the plan were aboveboard and politically generous, such an appeal to public opinion would probably be useless. I told the President that I would be very glad to hear more about his proposed plan as soon as completed, which he promised would be within a few days. 837.00/3097 The Ambassador in Cuba (Guggenheim) to the Secretary of State No. 754 HABANA, June 24, 1931. [Received June 29.] SIR: Referring to the Department's telegram No. 27 of February 7, 1931, 7 P. M., to my telegram No. 38 of February 8 [13], 1931, 12 M., and to my despatch No. 625 of April 2, 1931,28 in relation to the detention of various civilians by Cuban military authorities, in possible "Despatch No. 625 not printed. violation of the Constitution, I have the honor to transmit herewith, as of possible interest to the Department, a copy and translation of the considerandos and of the dispositive part of the decision announced by the Supreme Court of Cuba on June 10, 1931,29 upon a petition of unconstitutionality established on behalf of Sr. Aurelio Hevia against a decision of January 24, 1931, by which the Audiencia of Habana denied a writ of habeas corpus in favor of Sr. Hevia. The decision has been received with enthusiasm by certain elements of the opposition, who regard it as extending the privilege of the writ of habeas corpus to all cases of unwarranted detention, by military as well as civil authorities. The decision was evidently reached in the face of logical difficulties. It was presumably the expectation of the framers of the Constitution of 1901 that a law or laws would be passed determining the form of summary procedure with a view to giving effect to the provision of the first paragraph of Article 20 of the Constitution. The paragraph of the Habeas Corpus Order of 1900 cited by the Supreme Court in the Hevia case was found applicable and continued to be applied in cases of persons detained by the civil authorities. This paragraph is quite obviously limited in its scope, but it has for thirty years presented no obstacle to the enactment by Congress of supplementary legislation with reference to detention by military authorities. It is hard to see how the order providing a remedy in certain cases falling under Article 20 could be held to restrict the rights guaranteed under that article because it did not provide a remedy for other cases contemplated therein. What the Court has done in the Hevia decision is in effect to legislate on a matter neglected by the Congress. Respectfully yours, 837.00/3099 HARRY F. GUGGENHEIM The Ambassador in Cuba (Guggenheim) to the Acting Secretary No. 761 of State HABANA, July 1, 1931. [Received July 2.] SIR: I have the honor to report that the Cuban Supreme Court yesterday rendered decisions rejecting three recourses of unconstitutionality seeking to establish the illegality of the present executive and legislative branches of the Government. In the first case, which was an appeal brought by Dr. Herrera Sotolongo against the constitutionality of the Emergency Tax Law of January 29, 1931, the Court held that the complainant had not proved 20 Not printed. |