837.00/3153

The Ambassador in Cuba (Guggenheim) to the Secretary of State

No. 847

Sir: I have the honor to report further in regard to the subject of my despatch No. 840 of September 2, 1931, and my telegram No. 146, September 4, 2 PM.35

On September 3, I had a final conference with President Machado, at which Doctor Averhoff was present, on the subject of the constitutional reforms and the President’s proposed messages to the people and to Congress. After a very lengthy discussion in which the President and I failed to reconcile our different points of view, he informed me that he would carry out the plan as developed with the exception that he would not ask the Congress to include among the transitory provisions of the constitutional reforms his termination of office on September 1, 1932. I told the President that although I considered he was making a mistake in pursuing this course, in view of his intention and desire to retire, nevertheless, I wished him every success in his program and sincerely hoped that he would be able to restore moral peace quickly enough to save Cuba from financial disaster, and that I would be the first to congratulate him on the success of his efforts. Yesterday, in accordance with the plan agreed to, the President called to the Palace representatives of various organizations of the country and read to them a message, a copy and translation of which are enclosed herewith.36 The only substantial variations from the suggestions I had made to him were the elimination of the reference to his own retirement and the addition of a provision for the security of tenure of members of the armed forces.

The President likewise sent yesterday afternoon a message to Congress, a copy and translation of which are enclosed herewith.36 [Page 76] This message does not include the projects of law agreed to between Doctor Averhoff and myself, and referred to in my despatch No. 840 mentioned above.’ The President makes the following proposals in his message:

1.
Definition of the scope of parliamentary immunity;
2.
Prohibition of motions of lack of confidence in the Ministry during the first year following the taking of office by any one occupying the presidency by right of succession;
3.
Selection by the full bench of the Supreme Court of the Vice President who shall hold office until the inauguration of the Vice President to be elected in 1932;
4.
The parliamentary system of government not to go into effect until the inauguration of the next president, i. e., May 20, 1933.
5.
Creation of a supreme electoral tribunal charged with supervising all electoral matters from the taking of the census of voters to the proclamation of the persons elected, this tribunal to be comprised of justices of the Supreme Court assisted by representatives of the political parties and groups. (The President suggests that special legislation to establish this tribunal be enacted immediately pending incorporation of the necessary provisions in the constitution.)
6.
Security against arbitrary dismissal for political reasons of members of the armed forces.

Although some of these proposals are specific and do not allow much leeway to Congress for political chicanery, nevertheless, without definite projects of law, the Congress is in a somewhat easier position to deviate from the programme indicated by the President, and thus enact amendments which would fail to fulfill the spirit and intention of the original suggestions. I enclose herewith copies and translations of the projects of law agreed to by Doctor Averhoff and myself.38

There has always been uncertainty as to the action the Congress might take on the President’s message. I have had some suspicion that the President, in collusion with his political associates in the Congress, might arrange for the modification of some of the proposed amendments. However, in view of the desperate situation, perhaps all interests may deem it wise not to attempt further to fight against the inevitable, but to save what they can of their political and material fortunes by bowing to public opinion. I think the fact that I am in the position of a spectator without too much confidence in the President’s programme will act somewhat as an incentive to put through honest reforms, reestablish moral peace and, by that means, win our approval and good offices in an attempt at financial reconstruction.

Respectfully yours,

Harry F. Guggenheim
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