With respect to the establishment of civilian courts to handle cases of banditry in Departments where martial law has been declared, he said that an attempt had been made to utilize the ordinary courts in this connection but it had resulted in failure, not on account of the unwillingness of the Judges to cooperate, but because under the law those Judges had to abide by the ordinary rules of evidence, etc., which were usually lacking in cases of bandits taken in the field and even in the cases where such evidence was obtainable the long delay in terminating cases in strict accordance with the law was prejudicial to the interests of the Government. He stated that in his private opinion the solution of the problem would be a total reform of the Constitution. He said there were many other provisions of the Constitution unsuited to present day conditions in Nicaragua and that he had for a long time favored the adoption of an entirely new Constitution. He said that this was feasible inasmuch as the Conservative Government two years ago had taken the initial steps to replace the present Constitution with a new one and the present Legislature could complete the total reform of the Constitution during the present session. I have not had the opportunity to verify the circumstances alleged by Dr. Morales but I presume that his information is accurate. Since Congress has adjourned for fifteen days there is no possibility of immediate action to reform the Constitution even though the Executive Power should agree with the recommendation made by Dr. Morales to the Legation. This recommendation of course was entirely personal. I should appreciate having the benefit of any views which the Department may wish to express on the subject. I have [etc.] WILLARD L. BEAULAC [Enclosure] The American Chargé (Beaulac) to the President of Nicaragua (Moncada) MEMORANDUM The Department of State cannot approve of the trial of Nicaraguan civilians by members of the Guardia so long as this institution is directed by American officers. The purpose for which the Guardia has been established is the maintenance of public order and save in the case of military offenses, it should not be called upon to prescribe the penalties of the law even though the ordinary courts fail to function properly. If the Nicaraguan courts are ineffective, it is obviously preferable that measures should be taken to bring about a strengthening of this branch of the Government than that it be further weakened by the transference of its duties. The responsibility for the maintenance of order, so far as the punishment of offenders is concerned, rests squarely upon the Nicaraguan judiciary. In the establishment of proper courts for handling bandit cases it is assumed that the Supreme Court would be willing to assist the Executive in so far as appointments are concerned and that the Nicaraguan Congress could pass new legislation if any were needed. It is believed that there exists no insuperable obstacle to action by the Nicaraguan Government which would result in the establishment of civil courts with sufficient authority and sufficient courage to deal with this situation. MANAGUA, January 18, 1930. 817.1051/378 The Acting Secretary of State to the Chargé in Nicaragua (Beaulac) No. 638 WASHINGTON, March 11, 1930. SIR: The Department has received your despatch No. 1328, dated February 18, 1930, reporting the results of the representations made by you before the appropriate officials of the Nicaraguan Government with respect to the apparent inadequacy of the Nicaraguan courts to administer the law and the adoption of measures to overcome that inadequacy. The Department approves your action in submitting to the President of Nicaragua the memorandum on this subject dated January 18, 1930, a copy of which was enclosed with your despatch, and your subsequent statement with respect to it during your conversations with the President of the Supreme Court. In this connection, however, you are advised that the revision of the constitution of Nicaragua with a view to the strengthening of the judiciary is a matter with respect to which the Legation is directed to make no suggestions or comment excepting under specific instructions from the Department. I have [etc.] For the Acting Secretary of State: FRANCIS WHITE 817.00 Bandit Activities, 1931/237: Telegram The Secretary of State to the Chargé in Nicaragua (Beaulac) WASHINGTON, September 17, 1931-2 p. m. 175. American Consul, Bluefields, telegraphed September 11 51 he has informed you of reported death sentences imposed on two bandits following court martial by Guardia. See Department's January 16, 1930, 6 p. m., January 17, 1930, 5 p. m. and January 29, 4 p. m., and Telegram not printed. endeavor to see to it that death sentences if imposed are not carried out. Advise what action subsequent to Legation's No. 1328, February 18, 1930, has been taken by Nicaraguan Government to establish civil courts adequate to deal with cases involving banditry. STIMSON 817.00 Bandit Activities, 1931/239: Telegram The Chargé in Nicaragua (Beaulac) to the Secretary of State MANAGUA, September 18, 1931-3 p. m. [Received 8 p. m.] 167. Department's 175, September 17, 2 p. m. The Acting Jefe Director of the Guardia has assured me that in the event death sentences have been imposed as reported to the Department they will not be carried out. Such sentences would have to be confirmed by him and by the President of Nicaragua. The Legation has no copy of its 1328 of February 18, 1930 52 but so far as I am able to ascertain there are still no civil courts adequate to deal with cases involving banditry. BEAULAC 817.00 Bandit Activities, 1931/241: Telegram The Chargé in Nicaragua (Beaulac) to the Secretary of State MANAGUA, September 21, 1931-4 p. m. [Received 8:33 p. m.] 173. My 167, September 18, 3 p. m. The Acting Jefe Director of the Guardia has informed me that no death sentences were applied in the case of the rioters at Rama. I have discussed with him the Department's attitude concerning the trial of civilians and Guardia courts martial and he will take measures to see that such trials are not held in the future. BEAULAC 817.00 Bandit Activities, 1931/244: Telegram The Secretary of State to the Chargé in Nicaragua (Beaulac) WASHINGTON, September 22, 1931—1 p. m. 179. Your 167, September 18, 3 p. m. American Consul, Bluefields, states that court martials before Guardia have been conducted with the approval of superiors in Managua to local Commander. There Presumably because of the destruction of the archives in the earthquake at Managua; see pp. 780 ff. fore, you will state to appropriate authorities that as the Department informed Nicaraguan Government in 1930, it cannot approve trial of Nicaraguan civilians by Guardia so long as this institution is directed by American officers. Department's position was endorsed at that time by Major General Commandant of Marine Corps who so advised Brigade Commander in Nicaragua. Department is sending you copy of Legation's despatch 1328, February 18, 1930. STIMSON 817.00 Bandit Activities, 1931/246 The Chargé in Nicaragua (Beaulac) to the Secretary of State No. 511 MANAGUA, September 24, 1931. [Received October 1.] SIR: In reply to the Department's telegram number 179 of September 22, 1931, directing me to state to the appropriate authorities that, as the Department informed the Nicaraguan Government in 1930, it cannot approve the trial of Nicaraguan civilians by the Guardia so long as that institution is directed by American officers, I have the honor to state that as I reported in my telegram Number 173 of September 21, 1931, I made representations in that sense to the Acting Jefe Director of the Guardia who assured me at that time that he would take measures to insure that such trials would not be held in the future. I have not at this time made any representations to the Nicaraguan Government in the matter nor do I believe it necessary for me to do so if the Department's present object is merely to insure that courts martial of civilians by the Guardia will not be carried out in the future. In connection with any representations which I may be instructed to make to this Government concerning the establishment of civil courts competent to deal with cases of banditry, I believe it well to recall the history of the strong representations in a like sense which I made to this Government early last year. Following my representations the Supreme Court met with the President to consider ways and means of cooperating, and then the subject became confused with a project for partial reform of the Constitution, to which the Department was opposed on account of the inclusion, among other reforms, of a project to extend the Presidential period. The reform of the Constitution was not carried out, and, as far as I can ascertain without actually reopening the subject with this Government, no actual steps have been taken to provide civil courts adequate to try cases of banditry in Departments where martial law exists. In other words See Foreign Relations, 1930, vol. II, pp. 695 ff. 53 my understanding is that my representations last year brought no improvement in the situation under discussion. As Minister Hanna doubtless has already informed the Department, President Moncada is again considering a project to reform the Constitution by providing, among other things, for the "legalization" of the present situation under which American officers serve in the Guardia Nacional, and for an extension of the Presidential term. Since the principal legal reason advanced in the past for the inability of the established civil courts to deal with cases of banditry in Departments under martial law has been one of constitutionality, I anticipate that the reopening of this subject at the present time would result in its being merged with a number of other projected reforms of the Constitution, some of which might appear desirable and some not, and furthermore might actually be used, as was the case last year, to give impetus and an appearance of sanction to the projected reforms to the Constitution. If the Department desires me to reopen this subject with the Nicaraguan Government I will gladly do so, but in that case I would suggest that I be provided with a copy of the complete record up to date, since the Legation's record is far from complete. Before giving me such specific instructions, however, I also suggest that the Department consider the matter carefully in connection with the reported project to reform the Constitution, and that it bear in mind that in the absence of factors of which I am not aware there is little reason to hope that representations at this time will be any more effective than those made last year. Respectfully yours, WILLARD L. BEAULAC 817.00 Bandit Activities/250 The Secretary of State to the Chargé in Nicaragua (Beaulac) No. 245 WASHINGTON, October 12, 1931. SIR: The Department has received your despatch No. 511, of September 24, 1931, with regard to the matter of the trial of Nicaraguan civilians by the Guardia. Inasmuch as you state that you have received assurances from the Acting Jefe Director of the Guardia, that he would take measures to insure that such trials will not be held so long as the Guardia is directed by American officers, the Department shares your view that it will be unnecessary to make any present representations regarding the matter to the Nicaraguan Government. It is noted that you were advised in connection with representations made to the Nicara |