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[Inclosure 2.]

The British Consul to the American Minister.

BRITISH CONSULATE,

Fez, May 24, 1912.

SIR: With reference to my letter of yesterday, I have the pleasure to report that M. Gaillard, French Consul, called here yesterday afternoon and, in my presence, told Hadj Mohammed Lehsen that he was satisfied no proceedings whatever against him were in contemplation, and so M. Gaillard assured Hadj Mohammed he might now leave this Consulate freely without fear of molestation.

M. Gaillard assured me fully that the proceedings still to complete were merely formal and so it would only be causing Hadj Mohammed Lehsen unnecessary inconvenience were he to remain at this Consulate any longer.

Hadj Mohammed Lehsen, on my explaining this to him, stated he was quite satisfied, and after expressing his best thanks to M. Gaillard and myself he returned with great contentment to his house.

The incident, as far as it concerns Hadj Mohammed Lehsen, appears, therefore, to be now ended. I hope that I have been fortunate enough to act about it in the way your excellency would wish.

I have [etc.]

J. M. MACLEOD.

File No. 381.81F47/7.

No. 283.]

The American Minister to the Secretary of State.

AMERICAN LEGATION,
Tangier, July 11, 1912.

SIR: I have the honor to report to the Department that Hadj Mohamed Lehesen El Filaly, Semsar at Fez of Mr. Joseph R. Cazesconcerning the attempted Court Martial of whom I recently had the correspondence with the Department-called at the office to thank the Legation for the interest taken in his case and said that it had saved his life. He stated that the French tried to get him to renounce his American protection and become French, when they found he was under American protection, and that his declining to do so brought on the trouble. That he had never had a certificate of French protection, as claimed, though they might have had him on their lists unknown to him. Since these events, however, he advises me that he has been shown great courtesy and kindness by the French officials so that the matter has apparently been taken somewhat to heart by them. He says the French have recently asked him once or twice to be of assistance to them, which he has gladly done. I told him I was glad to have him be of assistance to them when he could, and when they asked, but that usually he should maintain a neutral attitude in their disputes in so far as possible. He seems to be a man of a good deal of character and is thought very highly of by the prominent Moors here. He advised me that there is firing still about Fez every few nights, though the trade route here is now open; he further added that General Lyautey had made a very good impression, yet the French policy there from the first has made so many enemies, that the pacification of the tribes would undoubtedly be a long-pending work. As to conditions in the far south of the Empire, he said they were far from satisfactory, which corroborates the reports we get from all sources.

I have [etc.]

FRED W. CARPENTER.

File No. 381.81F47/7.

No. 84.]

The Secretary of State to the American Minister.

DEPARTMENT OF STATE, Washington, August 5, 1912. SIR: The Department has received your despatches, Nos. [etc.] relative to the protection of American semsars in Morocco, and in reply informs you that in the event that a similar case arises in the future, the Department desires appropriate protection extended to American semsars. The Department is also pleased to inform you that it approves the manner in which this case has been handled and desires that you so inform Mr. Macleod, the British Consul at Fez, and to express to that official this Department's appreciation for the deep interest which he manifested in the case and the able manner in which he handled it.

I am [etc.]

P. C. KNOXx.

NICARAGUA.

CONSTITUTION OF NICARAGUA PROMULGATED JANUARY 12, 1912.

File No. 817.011/1.

The American Chargé d'Affaires to the Secretary of State.

[Telegram-Paraphrase.]

AMERICAN LEGATION, Managua, December 31, 1911.

The Constitution was to be promulgated tomorrow, but the Minister for Foreign Affairs. Chamorro, is withholding his signature. He told me to-day that among the Transitory Provisions is a clause making the election of Mena and Solórzano constitutional.

There is also a clause providing that all employees must be Nicaraguans excepting those on the Mixed Claims Commission.

The Constitution can be amended, after promulgation, only upon approval of amendments by two successive Congresses.

Having in mind the customs authorities who are not Nicaraguans, I suggested to the Minister to refrain for the present from [error in transmission] the Constitution. When proper provision shall have been made for the customs employees, either the Minister for Foreign Affairs or the Under Secretary will sign, they state, unless the Legation present a formal protest against the clause making constitutional the election of Mena and Solórzano.

I should add that the Nicaraguan Minister at Washington, Castrillo, has in several recent telegrams substantially stated that the Government of the United States will protect Nicaragua from foreign aggression and internal disorders unless these result from a failure. to observe the Dawson Conventions.

GUNTHER.

File No. 817.011/6.

The American Chargé d'Affaires to the Secretary of State.

[Telegram.-Paraphrase.]

AMERICAN LEGATION, Managua, January 12, 1912. In the Assembly yesterday the Minister for Foreign Affairs declined to comply with the Assembly's demand that he sign the constitution. A stormy scene ensued, in which American intervention was attacked. The Assembly does nothing without the assent of Mena, whose party is uniformly anti-American. To allay the excitement the Minister for Foreign Affairs, at the request of President

67106- -FR 1912- 63

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Díaz, agreed to sign. The President and Mena have promised me, however, not to allow promulgation of the constitution until January 31.

GUNTHER.

File No. 817.011/6.

The Secretary of State to the American Chargé d'Affaires.

[Telegram.-Paraphrase.]

DEPARTMENT OF STATE, Washington, January 13, 1912.

Not having seen the text of the proposed constitution, the Department cannot express views thereon, but would regard its promulgation before the arrival of Weitzel (about January 18) as a distinct departure from the cooperation that has been practiced by the two Governments heretofore during the efforts of Nicaragua to reorganize its Government. You will impress this upon the Government of Nicaragua, again assuring President Díaz of the warm sympathy and cordial support of the United States.

ΚΝΟΣ,

File No. 817.011/7.

The American Chargé d'Affaires to the Secretary of State.

[Telegram.-Paraphrase.]

AMERICAN LEGATION, Managua, January 13, 1912. The Constitution was irregularly promulgated yesterday by the Assembly, without the signature of the Minister for Foreign Affairs and directly against the wishes of the President. Mena had encouraged the Assembly in this action. Furthermore, an act was passed concerning American intervention, couched in somewhat insulting terms; but this can still be reconsidered. The deputies intend to force the United States to recognize Mena's election and have been inciting Mena to consent to the overthrow of Díaz.

GUNTHER.

File No. 817.011/7.

The Secretary of State to the American Chargé d'Affaires.

[Telegram.--Paraphrase.]

DEPARTMENT OF STATE, Washington, January 14, 1912. Summon Mena to the Legation and inform him that this Government regards the Dawson Agreements-which he signed with the others as still effective; that in pursuance thereof Díaz must complete his term of oflice; that the Government of the United States expects Mena, as a patriotic Nicaraguan, strictly to abide by and support those agreements; that his failure to do so would almost certainly result in internal disorder.

File No. 817.011/16.

The American Chargé d'Affaires to the Secretary of State.

No. 171.]

[Extract.]

AMERICAN LEGATION, Managua, January 15, 1913. SIR: *** The President did everything in his power to keep his pledge to me that the Constitution would not be promulgated until after Mr. Weitzel's arrival, but he was powerless, as the Mena group became determined to force the issue. They have cherished the conviction that the United States Government would agree to Mena's election rather than risk the possibility of a disturbance which might imperil the Knox-Castrillo Convention in our Senate.

* * *

** **

Finally on the 10th instant the President called Mena and Dr. Suárez, the President of the Assembly, for another conference, in which the President and I reiterated our views. To my astonishment two days later Suárez makes a violent speech in the Assembly and relates in open session the proceedings of our conference. As a consequence a strong anti-American wave strikes the Assembly, and matters go from bad to worse until in the night session the enclosed Act is passed, after waiving all formalities. It would still have been possible for General Mena to have stopped the entire matter, even by telephone. At eleven o'clock the Constitution was read and promulgated in the public park by two strong antiAmerican deputies, Señores Alcibiades Fuentes and Federico Lacavo. The Act was also read. I was greatly relieved to observe that very little popular interest was taken in the matter. As the hour was late, even the little boys who follow such things were in bed. It was also clear that the proceeding received the full official sanction of General Mena, as a large squad of police surrounded the readers and some pieces of Mena's own band supplied the music.

As already reported to the Department the Constitution was promulgated without the signature of the Minister for Foreign Affairs. The autograph copy had been in the keeping of the President and was obtained from him under false pretenses by Sr. Salvador Buitrago Díaz, Acting Minister of Gobernación, who represented that ho wished it simply to make some comparisons, and in direct contravention to the President's orders, he sent it to the Assembly. The Minister of Gobernación is an underling of General Mena.

There have been no popular demonstrations to date whatsoever, and the reliable popular opinion strongly condemns action of the Assembly.

I have [etc.]

[Inclosure. Translation.]

F. M. GUNTHER.

Decrce ordering the promulgation of the Constitution.

THE NATIONAL CONSTITUENT ASSEMBLY,

CONSIDERING that the Chargé d'Affaires of the United States has given evidence of exceptional interest, as was manifested to Dr. Suárez, the President of the Assembly, in delaying the promulgation of the Constitution until the arrival of

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