149
PAPERS OF MIRABEAU BuoNAPARTE LAMAR
your notice. I assure you Sir that the great mass of the people of this country do not participate with President Mora & Martinez in the charges above adverted to, not in their hatred and dislike to the American Government and people. On the contrary the best tallent of the country & the mass of the people are well disposed towards the United States government and people and were in favor of the Cass Yrisarri treaty which they believed would have the effect to restore peace and order in the country and censure the triump of Republican principals here. President Martinez dose not owe his present position to the free and unrestrained vote of the Nicaraguan people, but to the arms of his party, that chance rather than tallent, had put at his com- and and to the perfidy to his party of Gen. Jerez the military leader of the oposit political party. After the close of the war against the fillibusters Gens Jerez and ·Martinez at the head of their respective armies pronounced against the Government of Nicaragua, recognized by all Central America, and proclaimed and made themselves the Gov- ernment. Subsequently they called an election for President and als_o a Constitutional Convention - the present "Asambled Const-Constit- uyente" [sic] or "Congress" as the Official Gazette calls it - Which they cloathen with Legislative powers When the election came on Gen Jerez threw his influance - the moral power of his bayonetts - in favor of his collegue Gen Martine·z, who althoug not the most popu- lar man of his party - greatly in the minority in the State - was elected-or appointed as you please - without apposition, No one dared oppose him - The present Government of Nicaragua althoug professing great re- gard for the Constitution is in itself clearly unconstitutional 1st. Because it is revolutionary in its origin and because the 131st. arctcle of the Constitution declares that "No Inilitary chief from the grade of Leut Colonel upward can obtain the office of director (President) whilst in actual service" Yet it is notorious that the present Execu- tive Gen Martinez did "obtain" that office whilst in actual service & that he at present receives pay both as Presiden & as a general in the Nicaraguan Army. Secondly, Because Gens Jerez & Martinez, as the Executive power of the Government, were not authorised to call a Constitutional Convention. The call must Origionate either in the Senate or House of Representatives art 194 parts 1, 2, 3, 4 &5 and Art. 196 of the Constitution - Nor could they cloath it with Legisla- tive Power The 83d. Article of the Constitution declares that All Legislative Power shall reside in an Assembly composed of two Chambers, a Sen- aite and a House of Representatives" The manner in which each of the Chambers are to be elected: How they shall be organised and the atributions and powers of each seperately and combined are clearly de- fined in Chapter 7, Sections 1, 2, 3, 4 5, 6, 7, 8 & 9 of the Constitu- tion. The present "Asambled Constituyente" or "Congress," as the Official Gazette calls it, is neither a Senate nor a House of Representa- tives, although exercising the powers of both, together with those of a Constitutional Convention - Such is the present Government of Nic- aragua: a fair specimen of most of its predecessors This Government wants nothing of that of the United States except nonintervention in its affairs and a strict enforcement of the Neutrality Laws -
Powered by FlippingBook