> 5> ^:m5> '^^>5ri[^ r^:2>:;^^j S**. 2 5 «^ 5 > 2i^ »3> s- r> >2> 2> \J> >ffe %^f if^^ 3S15.?-15 ^^ 3i> ^ ^M^ ^B^^BS >b» ^ 3S0353 k>3> ^'^ v^^ >3>^2> >:>:>> 5>. ?3 :> 5 »:S t> _:>^ y> »>^> >\: >> r>:>''X> :>:>2> >> 2 > ^^-:x> ■:>^"^^ "^35 2> ■ ~>3^^2> ":>:>1> "^:^' ^ ^~^:> >^ 3)^ ^'^^^ ^^3^:>^ ^-^my"^ ^x>^; >^ :X>:> 3.> ■-> ^^^ ^^S5>?^.:^ ^3:^)1^ ^ f7te/' ^^^, /^ '^'^r^ .\ Digitized by the Internet Archive in 2007 with funding from IVIicrosoft Corporation http://www.archive.org/details/argumentonquestiOOprrich ARGUMENT ON THE QUESTION OF THE VALIDITY OF THE TREATY OF LIMITS BETWEEN COSTA RICA AND NICARAGUA AND OTHER SUPPLEMENTARY POINTS CONNECTED WITH IT, SUBMITTED TO THE Arbitration of the President of the United States of America, FILED ON BEHALF OF THE GOVERNMENT OF COSTA RICA BY PEDRO PEREZ ZELEDOK Its Envoy Extraordinaby and Minister Plenipotentiaby IN THE United States, (Translated into English by J. L Rodriguez.) WASHINGTON : Gibson Bros., Printees and Bookbinders. 1887. 31 Ts Bancroft Library 10, ;4/ .CONTENTS. ANTECEDENTS. Treaty of Guatemala establishing the basis of the arbitration . 5 Points which, according to the Government of Nicaragua, are doubtful and require interpretation, ..... 9 INTRODUCTION, 15 FIRST PART. — HiSTOEicAL Preliminaries. Chapter I. Nicoya ; its annexation to Costa Rica, 21 Chapter II. The San Juan river during the Spanish rule, . . . .80 Chapter III. The San Juan river from 1821 to the date of the treaty of 1858, . 38 Chapter IV. . Negotiations for the settlement of the question of limits from the dissolution of the Republic of Central America to the year 1858, 45 Chapter V. Continuation of the subject of the foregoing chapter, . . .51 SECOND PART. — Elucidation of the Principal Point. Chapter I. Exposition of the arguments made by Nicaragua in support of the idea that the treaty of 1858 is not valid, . . . .61 Chapter II. The treaty of limits was not made under the sway of any consti- tution, but under a Government temporarily endowed with un- limited powers, 65 Chapter III. The consideration of the exceptional regime existing in Nicaragua in 1858 continued, 70 Chapter TV. The treaty of limits does not imply any reform or amendment of the Nicaraguan Constitution of 1838, 77 Chapter V. The treaty of limits was ratified, not once or twice, but on several Repeated occasions by the Nicaraguan Legislatures, . . . 82 IV PAGE. Chapter VI. The public law of Nicaragua recognizes the principle that the Republic is bound by an international treaty whatever the im- portance thereof may be, 89 Chapter VII. The whole of the present controversy rests substantially upon the use of a certain word. — Validity of the treaty in good faith, . 93 Chapter VIII. Repeated acknowledgments of the validity of the treaty by dif- ferent Nicaraguan administrations, 97 Chapter IX. Costa Rica has never admitted that the treaty of limits required for its validity further ratifications, 104 Chapter X. The second alleged cause of the nullity of the treaty of limits, which is the want of ratification by Salvador, examined in gen- eral, 108 Chapter XI. Whether the treaty of 1858 was, or was not, the result of violence used against Nicaragua by the Administration of Don Juan Rafael Mora, President of Costa Rica, Ill Chapter XII. The Government of Salvador was not an essential party to the treaty of limits, 115 Chapter XIII. The Government of Salvador was, primarily, a fraternal mediator, and subsequently, and in regard to only one secondary clause of the treaty, guaranteeing party of the execution of the said clause, 120 Chapter XIV. The guarantee cannot be construed as a condition of the treaty, . 127 Chapter XV. Examination of the latter reasons alleged by Nicaragua in support of her theory that the treaty of limits is invalid, . , .134 THIRD PART. — Answer to the questions propounded by Nic- aragua IN REGARD TO THE RIGHT CONSTRUCTION OF THE TREATY OF LIMITS. ^ Chapter I. Whether the starting-point of the border line is movable as the waters of the river, or whether the Colorado river is the limit of Nicaragua, and whether the waters of the San Juan river can be deviated without the consent of Costa Bica, . . 139 Chapter II. Whether men-of-war or revenue cutters of Costa Rica can navi- gate on the San Juan river, 155 Chapter III. Whether Costa Rica is bound to co-operate in the preservation and improvement of the San Juan river and the Bay of San Juan, and in what manner : and whether Nicaragua can under- take any work without considering the injury which may result to Costa Rica, 162 Chapter IV. W^hich is the centre of the Salinas Bay ? — Is Costa Rica a party to the grants of interoceanic canal which Nicaragua might make ? What are, in this respect, the rights of Costa Rica ? . . 169 CONCLUSION, 179 DOCUMENTS. No. 1. Treaty of limits between Costa Rica and Nicaragua concluded April 15, 1858, 185 No. 2. Decree of the Federal Congress of Central America in 1825 ap- proving the annexation of Nicoya to Costa Rica, . . . 192 No. 3. The state of things existing at the time of the labors of the Con- stituent Assembly is declared to be an extraordinary regime, wherein the constitutional rules in force under regular circum- stances could be laid aside, 193 No. 4. Communication from the Costa Rican Secretary of State. — It shows the ardent desire of Costa Rica to settle finally, and for- ever, the questions pending between it and Nicaragua, even at the sacrifice of its own rights and its national pride, . . 195 No. 5. Communication showing the spirit of conciliation and fraternity which prevailed in the making of the treaty of limits. — The limits between Nicaragua and Costa Rica are, more than any- thing else, internal or domestic jurisdictional boundaries, . 197 No. 6. Congratulation by the United States Minister for the near settle- ment of the differences between Costa Rica and Nicaragua. — VI PAGE. Speech of Gen. Mirabeau B. Lamar, Envoy Extraordinary and Minister Plenipotentiary of the United States in Nicaragua, . 199 No. 7. Note of the Costa Bican Secretary of State showing the peaceful disposition of Costa Rica in regard to the question of limits, . 300 No. 8. Communication from the Secretary of State of Costa Eica show- ing that the initiation of the treaty of 1858 was due to the friendly mediation of the Government of Salvador and to over- tures made by Nicaragua subsequent to the repudiation made by the latter of the treaty of 1858, which Costa Eica had ap- proved of, 202 No. 9. Act of exchange of the ratifications of the treaty of limits, . . 204 No. 10. Editorial of the official newspaper of Nicaragua on the conclu- sion of the treaty. — It shows the spirit of conciliation and fra- ternity of Costa Eica and Nicaragua. — Thanks given to the Government of Salvador for its friendly mediation, . . . 205 No. 11. Leave-taking of President Mora, 207 No. 12. Leave-taking of Senor Negrete, 209 No. 13. Answer to the letter of leave-taking of Col. Negrete. — He is called Apostle of Peace. — Solemn and effusive expression of gratitude tendered to Salvador, 211 No. 14. Editorial of the " Gaceia de Nicaragua " subsequent to the offi- cial leave-taking of Senores Don Juan Rafael Mora and Col. Ne- grete.— The latter is promoted to the rank of General as a re- ward for his services.— The Nicaraguan people feel jubilant for the friendly relations between Costa Eica and Nicaragua, . 213 No. 15. Spirit of concord which presided over the treaty. — Evident ne- cessity and advisability that it should be concluded. — Faculties of the Government to approve it.— Final character of the treaty. —Identical position of Costa Eica and Nicaragua, . . . 214 No. 16. The treaty of April 15, 1858, is communicated to the friendly Governments as a happy termination of the protracted differ- ences between Costa Eica and Nicaragua, 217 vu No. 17. Validity of the Treaty, 220 No. 18. The Constitution of Nicaragua declares that the Nicaraguan ter- ritory borders on the south by the Kepublic of Costa Kica. — The Treaty of Limits is raised to the character of fundamental law, 222 No. 19. The value and force of the Treaty of Limits is recognized, and one of its provisions is thus carried into effect, .... 223 No. 20. Costa Rica is recognized as a party to the contract of the Intero- ceanic Canal, and its acquiescence is asked to make certain mod- ifications in it, 224 No. 21. Official despatch acknowledging that the Nicaraguan territory ends at the Salinas Bay as declared by the Treaty of Limits of 1858, 226 No. 22. The Nicaraguan Chambers direct Article VIII of the Treaty of Limits of April 15, 1858, to be complied with, and the Execu- tive Power carries their decision into effect, .... 227 No. 23. Official despatch showing the validity and strength of the Treaty of Limits and the execution thereof by both Republics, . . 228 No. 24. Costa Rica a party to the contract of Interoceanic Canal ap- proves modifications made thereto, 229 No. 25. Despatch showing the validity and strength of the Treaty of Lim- its, and its execution, ........ 230 No. 26. The Government of Nicaragua asks that of Costa Rica to remove its custom officers from the La Flor river, its former frontier, to the new limit fixed by the treaty of April 15, 1858, . . 231 No. 27. The Government of Costa Rica is invited to assist that of Nicara- gua in improving the port of San Juan del Norte, almost de- stroyed by the deviation of the waters of the San Juan river into the bed of the Colorado river, 233 No. 28. Nicaragua reminds Costa Rica of the duty imposed upon her by the treaty of April 15, 1858, to defend her frontiers at San Juan and the Bolarios Bay, 235 vm PAGE. No. 29. Execution of the Treaty of Limits, 237 No. 30. The Nicaraguan Chambers direct the Executive to comply with Art. VIII of the Treaty of Limits of April 15, 1858, . . .238 No. 31. The strict compliance with the Treaty of Limits demonstrated. — The Government of Costa Eica asks the rights vested in it by Article VI of a contract of transit to be expressly secured, . 239 No. 32. The Government of Nicaragua asks for some forces to be situ- ated at Sarapiqui (a confluent of the San Juan river, on the right bank), . . . . ! 242 No. 33. The Nicaraguan Chambers order one of the provisions of the Treaty of Limits of 1858 to be complied with, .... 244 No. 34. Validity and force of the Treaty of Limits. — Costa Kica does not accede to situate forces at Sarapiqui on the ground that it is unnecessary, 245 No. 35. Costa Kica protests against the occupation and deterioration of the Colorado river, 247 No. 36. The Government of Nicaragua recognizes that the Colorado river and its mouth are in Costa Kican territory and belong to Costa Rica, and cannot be closed against the will of the latter, . . 248 No. 37. Nicaragua recognizes still more solemnly that the Colorado river and the right bank of the San Juan river are Costa Rican terri- tory, 250 No. 38. The Minister of Nicaragua in Washington solemnly declares be- fore the American Government that the Republic of Costa Rica borders on the interior waters of Nicaragua, and that its flag is the only one which, in union with the Nicaraguan flag, can float on said waters, 251 No. 39. The Government of Nicaragua approves the declaration of its Minister at Washington, and commends him for his zeal and fidelity, . . . 252 No. 40. The action of Don Luis Molina, Minister of Nicaragua in Wash- ington, is approved and commended. — Executive order reward- IX PAGK. ing the important services of Don Luis Molina, Minister Pleni- potentiary of Nicaragua in the United States, and Mr. Mande- ville Carlisle and Don Fernando Guzman, .... 253 No. 41. Validity and strength of the treaty of April 15, 1858, . . .254 No.' 42. Validity and strength of the Treaty of Limits, . . . 256 No. 43. The Government of Costa Rica orders an exploration to be made of its lands bordering on the San Juan river, . , . . 257 No. 44. New expeditions to the banks of the San Juan river, . . . 258 No. 45. Nicaragua acknowledges that Costa Rica borders on the San Juan river, 259 No. 46. Nicaragua promises that the interests of Costa Rica will be re- spected, and that its rights will suffer no detriment, . . 260 No. 47. Costa Rica protests against the deviation of the waters of the Col- orado river belonging to that Republic, 261 No. 48. Despatch stating that a sanitary cordon of Costa Rica has tres- passed on the Nicaraguan frontier as established by the treaty of 1858, 262 No. 49. Nicaragua asks that a sanitary cordon be moved back to the fron- tier established by the treaty of 1858, 263 No. 50. The Government of Costa Rica consents to move back its sanitary cordon to a point indisputably located within the limits estab- lished by the treaty of April 15, 1858, 264 No. 51. Costa Rica shows her disposition to enter into arrangements with Nicaragua to determine by mutual agreement what should be done in regard to communications on the Atlantic side, . . 265 No. 52. Contract Ay6n-Chevalier. — Costa Rica is an essential party to the interoceanic canal. — The contract will be void if Costa Rica does not accept it. — Costa Rica will be invited to make in favor of the grantee such concessions in the Costa Rican territory as Nicaragua makes in her own, ....... 266 No. 53. Editorial of the Nicaraguan "Gaceta" on the Ay6n-Chevalier canal contract. — The San Juan river explicitly declared to be (1869) in great part the frontier of Costa Rica. — The adherence of Costa Rica to the contract recognized to be indispensable. — Costa Rica is asked to grant in her territory what Nicaragua has granted in hers. — All of this presupposes the acknowledged va- lidity of the Treaty of Limits, 268 No. 54. The Grovernment of Nicaragua asks the Government of Costa Rica to request the National Constituent Convention to mod- ify certain articles of a treaty between the two Republics for the digging of an interoceanic canal, 270 No. 55. Project of a road from San Joso de Costa Rica to San Carlos for the export of coffee through San Juan del Norte. — Costa Rica earnestly invited to co-operate in the restoration of the port of San Juan by uniting the waters of the Colorado river with those of the San Juan river, 271 No. 56. Remarks made by the Government of Costa Rica to the Govern- ment of Nicaragua when the latter submitted to the Nicaraguan Congress its so-called doubts in regard to the validity of the Treaty of Limits of 1858, 274 No. 57. Remarks of the Government of Costa Rica in refutation of the doubts entertained by the Government of Nicaragua on the validity of the Treaty of Limits, 279 No. 58. Costa Rica declares that it will keep its custom-houses and main- tain its sovereignty over the whole territory which, according to the treaty of 1858, belongs to it unless other limits are not es- tablished by mutual agreement or arbitral decision, . . . 290 No. 59. Costa Rica protests against the non-compliance on the part of Nicaragua of Article VIII of the Treaty of Limits, . . . 291 No. 60. The exj)lanations of Nicaragua as to the non-compliance with Article VIII of the Treaty of Limits are accepted, . . . 294 No. 61. Opinion of the historian of Central America, Dr. Don Lorenzo Montufar, at present the Secretary of State of the Republic of Guatemala, in regard to the Treaty of Limits between Costa Rica and Nicaragua, 296 XI No. 62. Extracts from the " History of Nicaragua from the Eemotest Times to the year 1852," written by order of General Don Joaquin Zavala, President of the Republic, by Senor Dr. Don Tomas Ay on. Vol. I. Granada : Printing office of El Centre Americano, 1882. — The author of said history gives the name of Desaguadero to the San Juan de Nicaragua river, . . 305 No. 63. Organic laws of Costa Rica in regard to limits with Nicaragua, . 308 No. 64. Failure of Canal Negotiations with the Government of the United States owing to the fact that Nicaragua refused Costa Rica in- tervention in it, 316 ANTECEDENTS ANTECEDENTS. Legation of Costa Eica, Washington, D. C, July 30, 1887. Sir : I have the honor to enclose a copy of the treaty signed at the city of Guatemala on the 24th of December, 1886, by plenipotentiaries of Costa Kica and Nicaragua with the friendly mediation of the Guatemalan Government, in which it was stipulated that both contracting parties should submit to the arbitration of the President of the United States of America the question whether the treaty of limits celebrated by them on the 15th of April, 1858, is or is not valid. In the name and under special instructions of the Govern- ment of Costa Eica I request you to interpose your good and valuable offices with His Excellency the President in order that he may consent to render to my country the eminent ser- vice above referred to. My Government hopes that such a marked favor will be obtained by it, and grounds its expectations upon the benevo- lent friendship shown to it by your Government and on the traditional interest that this great nation has always felt for the peace, tranquility, and welfare of the other nations of America which are its sisters. With protestations of my highest consideration, I am, your most obedient servant, PEDEO PEEEZ Z. To the Honorable Thomas F. Bayard, Secretary of State ^ <&c.^ c&c, dec. _ Legation of Costa Eica, Washington, D. C, July 31, 1887. Sir : I have been favored by your estimable communica- tion, dated yesterday, in which you were pleased to inform me that His Excellency the President has been pleased to consent to be arbitrator to decide the controversy between Costa Kica and Nicaragua on the validity or invalidity of the treaty of April 15, 1858, celebrated by the two Republics for the final settlement of their questions about territorial limits. It is with great satisfaction that I have received this pleas- ant information, which I hastened to transmit by cable to my Government. Indeed, I never apprehended that the illus- trious Chief Magistrate of this great nation would refuse Costa Rica the inestimable service of adjusting its differences with its neighboring sister, the Republic of Nicaragua. I comply with a very gratif3dng duty in giving to His Excellency the President and to you yourself, for your own part in the premises, my most expressive thanks for this new testimony of friendship given to my Government. And in so doing I comply, also, with special recommendations of my Government. I shall have the honor to submit to the high consideration of His Excellency the President, within the period marked by the treaty, the grounds and reasons which, in the opinion of the Government of Costa Rica, rendered the validity of the treaty of 1858 evident and irrefutable. With feelings of high esteem, I am, your very obedient servant, PEDRO PEREZ Z. To the Hon. Thomas F. Bayard, Secretary of State, <&c., cfcc, dbc. Treaty of Guatemala Establishing the Basis of the Arbitration. Convention between the Govern7nents of Nicaragua and Costa Bica to suhmit to the arbitration of the Government of the United States the question in regard to the validity of the treaty of 15 April, 1858. The Governments of tlie Republics of Nicaragua and Costa Rica desiring to terminate the question debated by them since 1871, to wit: Whether the treaty, signed by both on the 15th day of April, 1858, is or is not valid, have named, respectively, as plenipotentiaries, Senor Don Jose Antonio Roman, envoy extraordinary and minister plenipotentiary of Nicaragua, near the Government of Guatemala, and Senor Don Ascension Esquivel, envoy extraordinary and minister plenipotentiary of Costa Rica, near the same Government, who having com- municated their full powers, found to be in due form, and conferred with each other, with the mediation of the minister for foreign affairs for the Republic of Guatemala, Doctor Don Fernando Cruz, designated to interpose the good offices of his Government, generously offered to the contending par- ties and by them gratefully accepted, have agreed to the fol- lowing articles : (1) The question pending between the contracting Govern- ments, in regard to the validity of the treaty of limits of the 15th of April, 1858, shall be submitted to arbitration. (2) The arbitrator of that question shall be the President of the United States of America. Within sixty days follow- ing the exchange of ratifications of the present convention, the contracting Governments shall solicit of the appointed arbitrator his acceptance of the charge. (B) In the unexpected event that the President of the United States should not be pleased to accept, the parties shall name, as arbitrator, the President of the Kepublic of Chili, whose acceptance shall be solicited by the contracting Governments within ninety days from the date upon which the President of the United States may give notice to both Governments, or to their representatives in Washington, of his declination. (4) If, unfortunately, the President of Chili should also be unable to lend to the parties the eminent service of accepting the charge, both Governments shall come to an agreement for the purpose of electing two other arbitrators within ninety days, counting from the day on which the President of Chili may give notice to both Governments or their representatives, in Santiago, of his non-acceptance. (5) The proceedings and terms to which the decisions of the arbitrator are limited shall be the following : Within ninety days, counting from the notification to the parties of the acceptance of the arbitrator, the parties shall present to him their allegations and documents. The arbi- trator will communicate to the representative of each Govern- ment, within eight days after their presentation, the allega- tions of the opposing party, in order that the opposing party may be able to answer them within the thirty days following that upon which the same shall have been communi- cated. The arbitrator's decision, to be held valid, must be pro- nounced within six months, counting from the date upon which the term allowed for the answers to the allegations shall have expired, whether the same shaU or shall not have been presented. The arbitrator may delegate his powers, provided that he does not fail to intervene directly in the pronunciation of the final decision. (6) If the arbitrator's award should determine that the treaty is valid, the same award shall also declare whether Costa Rica has the right of navigation of the river San Juan with vessels of war or of the revenue service. In the same manner he shall decide, in case of the validity of the treaty, upon all the other points of doubtful interpretation which either of the parties may find in the treaty, and shall com- municate to the other party within thirty days after the ex- change of the ratifications of the present convention. (7) The decision of the arbitrator, whichsoever it may be, shall be held as a perfect treaty and binding between the con- tracting parties. No recourse whatever shall be admitted, and it shall begin to have effect thirty days after it shall have been notified to both Governments or to their representatives. (8) If the invalidity of the treaty should be declared, both Governments, within one year, counting from the notification of the award of the arbitrator, shall come to an agreement to fix the dividing line between their respective territories. If that agreement should not be possible, they shall, in the fol- lowing year, enter into a convention to submit the question of boundaries between the two Republics to the decision of a friendly Government. From the time the treaty shall be declared null, and during the time there may be no agreement between the parties, or no decision given fixing difinitely the rights of both countries, the rights established by the treaty of the 15th of April, 1858, shall be provisionally respected. (9) As long as the question as to the validity of the treaty is not decided, the Government of Costa Rica consents to suspend the observance of the decree of the 16th of March last as regards the navigation of the river San Juan by a na- tional vessel. (10) In case the award of the arbitrators should decide that the treaty of limits is valid, the contracting Govern- ments, within ninety days following that upon which they may be notified of the decision, shall appoint four commis- sioners, two each, who shall make the corresponding meas- urements of the dividing line, as provided for by Article 2 of the referred to treaty of 15th April, 1858. These measurements and the corresponding landmarks shall be made within thirty months, counting from the day upon which the commissioners shall be appointed. The commis- sioners shall have the power to deviate the distance of one mile from the line fixed by the treaty, for the purpose of find- ing natural limits or others more distinguishable. But this deviation shall be made only when all of the commissioners shall have agreed upon the point or points that are to sub- stitute the line. (11) This treaty shall be submitted to the approval of the Executive and Congress of each of the contracting Repub- lics, and their ratifications shall be exchanged at Managua or San Jose de Costa Rica on the 30th of June next, or sooner if possible. In testimony of which the plenipotentiaries and the min- ister of foreign affairs of Guatemala have hereunto signed and sealed with their private seals, in the city of Guatemala, this 24th day of December, 1886. ASCENSION ESQUIVEL. J. ANTONIO ROMAN. FERNANDO CRUZ. Points Which, According to the Government of Nicaragua, ARE Doubtful and Require Interpretation. Department of Foreign Relations of Nicaragua, Managua, June 22, 1887. Sir : By order of the President and in pursuance of Arti- cle VI of the Convention of Arbitration, concluded at Guate- mala, between Costa Rica and Nicaragua, I have the honor to communicate to the Government of Your Excellency the points of doubtful interpretation found in the treaty of April 15, 1858, which, in the event foreseen by that Article, this Government proposes to submit to the decision of the arbi- trator. first. 1. Punta de Castilla point having been designated as the beginning of the border line on the Atlantic side, and finding itself, according to the same treaty, at the mouth of the San Juan river ; now that the mouth of the river has been changed, from where shall the boundary start ? 2. How shaU the central point of the Salinas Bay, which is the other end of the dividing line, be fixed ? 3. Whether by that central point we are to understand the centre of the figure ; and, as it is necessary for its deter- mination to fix the limit of the Bay towards the ocean, what shall that limit be ? second. 4. Nicaragua consented, by Article lY, that the Bay of San Juan, which always exclusively belonged to her and over which she exercised exclusive jurisdiction, should be 10 common to both Republics ; and by Article VI she consented, also, that Costa Rica should have, in the waters of the river, from its mouth on the Atlantic up to three English miles before reaching Castillo Yiejo, the perpetual right of free navigation for purposes of commerce. Is Costa Rica bound to concur with Nicaragua in the expense necessary to pre- vent the Bay from being obstructed, to keep the navigation of the river and port free and unembarrassed, and to improve it for the common benefit ? If so, 5. In what proportion must Costa Rica contribute ? In case she has to contribute nothing — 6. Can Costa Rica prevent Nicaragua from executing, at her own expense, the works of improvement ? Or, shall she have any right to demand indemnification for the places belonging to her on the right bank, which may be necessary to occupy, or for the lands on the same bank which may be flooded or damaged in any other way in consequence of the said works ? THIRD. 7. If, in view of Article V of the treaty, the branch of the San Juan river known as the Colorado river must be consid- ered as the limit between Nicaragua and Costa Rica, from its origin to its mouth on the Atlantic ? FOURTH. 8. If Costa Rica, who, according to Article VI of the treaty, has only the right of free navigation for the purposes of commerce in the waters of the San Juan river, can also navigate with men-of-war or revenue cutters in the same waters ? FIFTH. 9. The eminent domain over the San Juan river from its origin in the Lake and down to its mouth on the Atlantic, 11 belonging to Nicaragua according to the text of the treaty, can Costa Eica reasonably deny her the right of deviating those waters ? SIXTH. 10. If, considering that the reasons of the stipulation con- tained in Article VIII of the treaty have disappeared, does Nicaragua, nevertheless, remain bound not to make any grants for canal purposes across her territory without first asking the opinion of Costa Rica, as therein provided ? Which are, in this respect, the natural rights of Costa Bica alluded to by this stipulation, and in what cases must they be deemed injured ? SEVENTH. 11. Whether the treaty of April 15, 1858, gives Costa Rica any right to be a party to the grants of inter-oceanic canal which Nicaragua may make, or to share the profits that Nic- aragua should reserve for herself as sovereign of the territory and waters, and in compensation of the valuable favors and privileges she may have conceded ? In transmitting the above to Your Excellency, and request- ing Your Excellency to acknowledge the receipt thereof, it is pleasing to me to reiterate the assurances of my respect and consideration. FERNANDO GUZMAN. To His Excellency The Minister of Foreign Relations of the Government of Costa Rica. INTRODUCTION. INTEODUCTION. What is the question submitted by the Kepublics of Costa Kica and Nicaragua to the impartial and final decision of the President of the United States of America ? It is simply : Whether the treaty of limits concluded by both Kepublics at San Jos^ of Costa Kica on the 15th day of April, 1858, is or is not valid ? This, and nothing else, forms the subject of the debate. If, as I confidently hope, the question is decided in an affirmative sense, then some other points, of secondary or accessory character, depending upon the subject-matter, and referring to the proper construction to be placed upon the treaty, shall be also considered. If, on the contrary — what in my judgment is little less than an impossibility — the question is decided in a negative sense, then the discussion about limits, which was closed and dis- posed of in 1858 by the treaty, so adjudged to . be invalid, shall be reopened and restored to the condition in which it was at that time ; but the determination of the boundaries between the two Kepublics will not, in any way whatever, be included within the scope of the arbitration. This im- portant subject is left to be disposed of by subsequent nego- tiation between the two Governments ; and if it should hap- pen that no agreement can be reached within the period of one year, then another arbitration, the terms of which will ihen be discussed and agreed upon, should be resorted to to settle and set at rest the dispute. These are substantially, and as far as the fixing of the sub- ject of the controversy is concerned, the provisions of the 16 treaty of Guatemala of December 2, 1886, which established the basis of the present arbitration. Under these circumstances it is clear that I must not oc- cupy myself at all, unless incidentally, with anything which refers to limits between one country and the other, because this is not, by any means, the point to be discussed ; and that, therefore, my argument must be directed to show that the treaty of April 15, 1858, is perfectly valid; that it cannot but be valid in the light of international law ; that it has been always recognized as valid by Costa Rica and other nations equally friendly to the two neighboring Republics ; and that Nicaragua herself, for many years, did also recog- nize its validity. But, in order to illustrate in such a manner as is desirable and proper this only subject of the debate, it seems to me unavoidable to preface my work by some historical remarks and refer therein to the ancient boundaries of Costa Rica, which were the San Juan river through the whole of its course, the great Lake, and the La Flor river. But this I will endeavor to do as briefly and concisely as permitted by the purpose I have in view, which is to show how far Costa Rica was carried by its spirit of conciliation and true fraternity when it consented to the treaty of 1858, which deprived her of her historical, as well as natural and legitimate, bound- aries—thus leaving beyond a doubt that if Costa Rica has always acted with proper firmness in defending and asserting its rights in regard to the treaty in question, it is not because the said treaty is in any way or manner whatsoever advan- tageous to Costa Rica, but because the Costa Rican Govern- ment and people have always desired, as they do now desire, that a perfect international agreement be respected and com- plied with. I will, therefore, begin by making a statement of the ques- tions which the treaty of limits, now under discussion, set at rest and decided, and were, on the one side, the annexation to Costa Rica of the Nicoya district, which took place in 17 1824, when the States forming the Federal Eepublic of Cen- tral America were organized and defined, and on the other side the different claims set forth by both bordering nations on the outlet (el " Desaguadero ") of the Lake of Nicaragua or San Juan river. Subsequently I will explain the circum- stances which preceded the treaty of 1858. And then I will proceed to examine and refute such arguments as have been made by Nicaragua in opposition to that treaty and for the purpose of invaUdating or rescinding it. 2 FIRST PART. FIKST PART. HISTOKICAL PKELIMINARIES. Chapter I. NICOYA ITS ANNEXATION TO COSTA RICA. The Province of Costa Rica, now the Republic of the same name, was created by Emperor Charles Y in the year 1540, under the name of " Government of Cartago or Costa Rica," in that part of the Province of Veragua which the Crown reserved for itself, west of the Dukedom of Veragua, granted in 1537 to the descendants of Christopher Columbus. The limits of this Government extended from sea to sea in latitude, while in longitude they ran along the Caribbean Sea from the Zarabaro or Almirante Bay (Lake of Chiriqui) to the Rio Grande river, now called Aguan or Roman river, west of Cape Camaron, embracing the whole Central American littoral between the 9th and 16th parallels of north latitude. ^ This demarcation expressly included within the jurisdiction of Costa Rica, and as a principal part of this Province, the territory of the mouths of the outlet (Desaguadero), or San Juan river, and a great part of its course, following it up to within fifteen leagues of the Lake of Nicaragua, and running from there toward the north, always at a distance of fifteen leagues from the coast, up to the banks of the Rio Grande river. Therefore the whole of the Atlantic coast of Nicaragua and a part of that of Honduras belonged to Costa Rica. ^ Torres de Mendoza. ' ' Coleccion de documentos ineditos de Indias puhli- Cdda bajo los auspicios del Oohierno EspaiioV Peralta. " Costa Rica, Nicaragua y Panama, en el siglo xvi, Madrid, 1883," pp. 101, 113, 741 to 754. Leon Fernandez. *' Coleccion^'' &c., vol. iv, p. — . 22 Such was the original province of Costa Eica. From 1560 to 1573 Phillip II gave her new limits, which, on the Atlantic side, were the same now claimed by this Re- public. ^ The province of Nicaragua was made a Government and entrusted to the command of Pedrarias Davila by Royal Let- ters-Patent of June 1, 1527 ; but no limits were then assigned to it, nor were those suggested by Pedrarias approved of by the Court. According to Fernandez de Oviedo those limits extended from the port of La Herradura, 9° 38' north lati- tude, to the port of La Posesion (or Realejo), 12° 30' of the same latitude. But previous to 1540 it was generally thought that the limits of Nicaragua were from the Chiriqui plains to the Gulf of Fonseca. These boundaries gradually became reduced through the creation of the new provinces of Costa Rica (on the side of the Southern Sea) and of Nicoya, which, from the condition of a simple " encomienda " granted to Pedrarias Davila and his successor and son-in-law, Rodrigo de Contreras, was raised to the station of an independent Mayoralty or " Corregimiento." On the side of the Northern Sea, Nicaragua did not pos- sess, before 1543, an inch of land. The Province of Nicoya consisted of the peninsula of that name, and was situated between the Gulf of Nicoya and the Tempisque, or Del Salto river, and the Pacific Ocean, ex- tending itself towards the north up to the shores of the Lake of Nicaragua. Of the condition of Nicoya as an independent Mayoralty abundant testimony is given by different royal ordinances and by the chronicler Antonio de Herrera,^ who says : " The following mayoralties are provided for by His Majesty, namely : El Cuzco, the La Plata city, and the mining seat of Potosi, * * * ^A^ Province of Nicoya,''^ &c. ^Peralta. ^^ Costa Bica^ Nicaragua y Panamd,^^ &c., p. 500. * Descrvpcion de las Indias Occidentales, chap. 31. 23 Herrera wrote in 1 599, or thereabouts. The " Kecopilacion " of laws for the Indies (Law 1, Title 2, Book 5) refers to the District of Nicoya as being an " Alcal^ dia Mayor " or district under the jurisdiction of a Judge of first instance, it being equal in this respect to Chiapas and San Salvador, ancient provinces of the Captaincy-General of Nicaragua, which, subsequent to their emancipation from Spain in 1821, freely disposed of their destinies, Chiapas annexing itself to Mexico, and San Salvador becoming one of the five States of the Federal Republic of Central America. Nicoya declared her will to be incorporated into the State of Costa Rica. The final incorporation of Nicoya or Guanacaste into Costa Rica, which took place in 1824, has several historical ante- cedents. Don Antonio Gonzalez, President of the " Audiencia " or Superior Court of Guatemala, appointed, in 1572, Perafan de Ribera, Governor of Costa Rica, to be the mayor or " correjidor " of Nicoya. ^ Herrera, the chronicler, gives an account of this incorpora- tion in Chapter XIII of his '' Bescripcion de las Indias;'' and it also appears from the important document which Herrera consulted and which, under the title of " Demarcacion y Division de las Indias " (Demarcation and Division of the Indies), has recently been published. It reads as follows : " And Nicoya, forty-eight leagues from the city of Granada, on the coast of the Southern Sea, a mayoralty (corregimiento), composed of Indians, which, together with the Island of Chira, within its jurisdiction, eight leagues from the coast, contains about 4,000 natives paying tribute to the Crown, who formerly, and up to the year 1573, were subject to the " Audiencia " of Panama, for the reason that they had been pacified by captains appointed by that court. But in 1573, Nicoya was incokpoeated into Costa Rica, the Governor of ^ Peralta. ^^ Costa Bica, Nicaragua y Panamd^''^ &c., pages 474 and 480. 24 which sends a lieutenant there. " The Bishop of Nicaragua has there a vicar. Nicoya has a tolerable good port."' Philip II appointed in 1573 Diego de Artieda, and in 1593 Don Fernando de la Cueva, Governors of Costa Bica and " Alcaldes Mayores " of Nicoya. In this way Nicoya became in fact a part of Costa Eica.^ In 1665 Don Juan Lopez de la Flor, Governor of Costa Rica, asked the mother country for the final annexation of Nicoya to the Province of his command. The King re- ferred his petition to the Bishop of Nicaragua and to the " Audiencia " of Guatemala. The Fiscal thereof (crown so- licitor) reported in favor of the annexation. Nicoya retained, however, some kind of autonomy, and was absolutely independent from Nicaragua in executive mat- ters to such an extent that, according to a Royal ordinance of November 24, 1692, the appointment of its "Alcalde Mayor " was to be made directly by the King and not by the Audiencia, which could only provide for that position ad interim in case of vacancy.^ This constant separation of Nicoya from the Province of Nicaragua continued to exist in the middle of the XVIIIth century, as is shown by the " Relacion de la Visita Apostolica, topografica, historica y estadistica del Ilmo. Senor Don Pedro Agustin Morel de Santa Cruz, Obispo de Nicaragua, Costa Rica y Nicoya." (Report of the Apostolic, topo- graphic, historical, and statistical visitation made by the Most Illustrious Bishop of Nicaragua, Costa Rica y Nicoya, Don Pedro Augustin Morel de Santa Cruz). ^ Herrera. Descripcion, &c. , chap. xiii. Torres de Mendoza. Golecdon de Documentos, &c., vol. xv, p. 409, Peralta. Costa Rica y Colombia de 1573 d 1881, pp. 50 and 56. "^ Peralta. Costa Rica, Nicaragua y Panama, pp. 497, 512, 648. Torres de Mendoza. Ubi supra. Fernandez. Coleccibn, vol . v, p. 55. Biblioteca Nacional de Madrid. Manuscritos, Codice J., 15. ^ Archive de Indias de Sevilla. Registro de Reales Cedulas. Cartas y Expedientes delPresidente y Oidores de la Audiencia de Guatemala, file from 1694 to 1696. 25 Bishop Morel Enumerates the towns included in each one of the three provinces of his diocese in the following way : The Province of Costa Eica consists of the following towns : Cartago, Laborio, Quircot, Tobosi, Coo, el Pilar, Uj arras (Curredabat), Asserri, la Villeta, Pacaca, Curru- juqui, Barba, Esparza, Canas, Bagaces, Boruca, Terraba, Cabagra, Atirro, Pejivai, Jesus del Monte, Tucurrique, and Matina." " These are," he says, " the towns which I have seen and the roads which I have travelled. The Province of Nicoya, although one of great territorial extent, scarcely has more than two towns, one of which is the town of Nicoya and the other Cangel. The Province of Nicaragua, which is the third one of this Diocese^ consists of the following towns : Villa de Nicaragua, Ometepe island, Granada, Aposonga, San Esteban, Popo- yapa, Potosi, Ampompua, Obrage, Buena Vista, San Antonio, Nagualapa, Chiata, los Cerros, San Juan de Tolu, Apataco, Espana, Diria, Dinomo, Nandaimes, Jinotepe, Diriamba, Ma- satepe, Naudasmo, Jalata, Niquinohomo, Santa Catarina, San Juan, Masaya, Nisidiri, Managua, Namotiva, Mateare, Nagarote, Subtiada, Leon, y Pueblo Nuevo, So it was stipulated with France, by Article IX of the treaty of the 11th of April, 1859 ; with Great Britain, in Arti- cle XXII of the treaty of February 11, 1860 ; and with the United States of America, by Article XXI of the treaty of June 21, 1867. ^ Woolsey, § 61. Dr. Wharton's Digest, chap, ii, § 40, p. 169. 159 Costa Kica might claim the same privilege granted to the three above-named nations, because, under Article lY of the treaty of August 14, 1868, between Nicaragua and Costa Eica, it was provided that everything granted to any nation whatsoever by either contracting party must be at once un- derstood to be common to the other. This stipulation would give Costa Rica the right to place on the waters of the San Juan river, in the event foreseen, and for the purposes had in view by these treaties, all kinds of men-of-war. But there is, after all, a fundamental consideration which is perplexing, not, certainly, on account of the decision to be given to the point in question, but owing to the difficulty of understanding how the Government of Nicaragua could ever consider this point of the treaty of limits of 1858 to be doubtful and admit of different interpretations. All that I have said in this portion of my work in explana- tion of the facts and law which relate to the subject might be erroneous, badly brought, irrelevant, and absolutely inad- missible on general principles, and, nevertheless, it would be true that Costa Rica can navigate with men-of-war and other Government vessels on the waters of the San Juan river. It is Nicaragua herself who has solemnly granted that right by an article of that very same treaty which she alleges to be doubtful or capable of different interpretation. " Costa Rica shall also be bound," says the second part of Article IV of the treaty, " owing to the portion of the right bank of the San Juan river, which belongs to it, * * * to co-operate in its custody ; and the two Republics shall equally concur in its defence in case of foreign aggressions ; and this will be done by them with aU the efficiency that may be within their reach." It can be seen by these phrases, as plainly and transpar- ently as they can be, that Costa Rica has not only the right but the duty, or to follow exactly the language of the treaty, the " obligation," not only of watching, guarding, and de- fending its own river bank, but of contributing to the custody and defence of the other bank belonging to Nicaragua. 160 If that duty sliould not be complied with with all the effi- ciency within the reach of Costa Rica, the latter nation would violate an obligation contracted in a solemn treaty, and Nic- aragua might prefer against Costa Rica a well-grounded charge. And if this is the case, how can it be possible for Nicaragua to suppose that Costa Rica has no authority to navigate in the said river with Government vessels to be used in the police service of the locality, and in the custody of the two banks, and with regular men-of-war to be used in the de- fence, as efficient as possible, of the same banks in case of foreign aggressions? No one can accomplish a purpose, unless he has the means to do it; and it would be against logic and. reason to impose upon, either a man or a government, the duty of guarding and defending a place, and at the same time deprive the one or the other of the right of. arming or preparing themselves for resisting in the proper manner the aggression foreseen. " The right to a thing," says Wheaton, " gives also the right to the means without which that thing cannot be used." (Part III, chap. IV, § 18). " This is founded on natural rea- son, is accredited by the common opinion of mankind, and is declared by the writers." Let it not be said that the authority to navigate with men-of-war is only confined to the special case of foreign aggression. The treaty does not refer to this case exclusively, but speaks also of guard or custody, which means watching, vigilance, and other things of permanent character and nec- essarily previous to actual defence. This, especially in a river, cannot be improvised at the very same instant that trouble arises ; since, in order that it may be possible and efficient, a perfect knowledge of the locality, which cannot be acquired except by navigating the same river, is absolutely indispen- sable. Much more so when it is well known that the navigation of the San Juan river encounters many obstacles, not only on account of its shallowness at certain places, but also owing . 161 _ to its rapids and other dangers. The defence of a river of this kind, without practical knowledge of all its peculiarities, rather than defence would be a sure surrender to the enemy of the elements brought into action to oppose it. Let it not be claimed either that Costa Rica is relieved from the duty assumed by her of guarding and defending the river, nor that such duty has ceased or been abridged through the fact that Nicaragua denies to her the right to navigate said river with men-of-war ; because the navigation of the San Juan river, which is the boundary between Costa Rica and Nicaragua, and is a boundary open and accessible to invasions by all kinds of enemies, was mentioned in the treaty, not simply for the benefit of Nicaragua, and as an ob- ligation on the part of Costa Rica, but because it involves also a sacred right of the most vital importance for its safety and preservation. 11 Chapter III. WHETHER COSTA RICA IS BOUND TO CO-OPERATE IN THE PRESERVATION AND IMPROVEMENT OF THE SAN JUAN RIVER AND THE BAY OF SAN JUAN, AND IN WHAT MANNER ; AND WHETHER NICARAGUA CAN UNDERTAKE ANY WORK WITHOUT CONSIDERING THE INJURY WHICH MAY RESULT TO COSTA RICA. A NEW group of questions comes now, consisting of those which in the list of Nicaragua are marked Nos. 4, 5 and 6, and read as follows : " 4. Nicaragua consented, by Article IV, that the Bay of San Juan, w^hich always exclusively belonged to her and over which she exercised exclusive jurisdiction, should be common to both Republics ; and by Article VI she consented, also, that Costa Rica should have, in the waters of the river, from its mouth on the x4.tlantic up to three English miles before reaching Castillo Viejo, the perpetual right of free navigation for purposes of commerce. Is Costa Rica bound to concur with Nicaragua in the expense necessary to prevent the Bay from being obstructed, to keep the navigation of the river and port free and unembarrassed, and to improve it for the common benefit ? If so — "5. In what proportion must Costa Rica contribute ? In case she has to contribute nothing — " 6. Can Costa Rica prevent Nicaragua from executing, at her own expense, the works of improvement ? Or, shall she have any right to demand indemnification for the places be- longing to her on the right bank, which may be necessary to occupy, or for the lands on the same bank which may be flooded or damaged in any other way in consequence of the said works ?" Denying the historical truth of the statements made in the preamble of question No. 4, and the first of this group, 163 and referring to those chapters of the first part of this argu- ment, wherein I showed that Costa Kica had eminent domain and sovereignty on the waters of the San Juan river pre- vious to the treaty of 1858, and taking only into considera- tion the particular point of the inquiry, I think that it is necessary before all to distinguish carefully what the treaty itself has taken pains to distinguish. The right of Costa Rica on the Bay of San Juan is a right of sovereignty which she exercises jointly and in common with Nicaragua ; and the right of Costa Rica in the San Juan river, from the mouth thereof on the Atlantic, to the point three miles from Castillo Viejo, which has been fixed, is the right of use and navigation. In the former case Costa Rica is joint owner ; in the latter, Costa Rica is simply the cestuy que 2ise ; it being expressly stipulated by Article YI that the Republic of Nicaragua shall have exclusively the eminent domain and sovereignty over the waters of the San Juan river from its rise in the lake to its mouth on the Atlantic. It is, therefore, plain that the answer to be given to the interrogatories of Nicaragua depends entirely upon the legal status in which Costa Rica finds herself, of joint owner in the one case, and of cestuy que use in the other. It might be remarked with justice that the three questions of this group should be thoroughly eliminated from the pres- ent discussion because this refers only to those points of the treaty of 1858 which Nicaragua considers to be doubtful and upon which she desires to secure the authoritative and enlightened decision of the Arbitrator, while the points in- volved in those questions have nothing to do directly with the treaty of limits, nor are they doubtful, nor can they be considered other than pure effects of casuistry, the solution of which in reality should not be given beforehand. It is plain, however, and so it is stated in the present an- swer in order that it may never be said that Costa Rica has evaded to make any reply, that if the sovereign rights which belong to Nicaragua over the San Juan river terminate on 164 the right bank thereof, which is the Costa Kican, and that if her rights on the river itself • are limited to the perpetual use or navigation, and to the other riparian rights acknowledged by law, the duty to keep the navigation of the said river free and unembarrassed, and of contributing to the expenses for that purpose incurred, is not, nor can it be, incumbent upon her. It seems to be in the natural order of things that the obli- gation to make repairs and to keep the property in the con- dition in which it was when the use and possession thereof was granted to another party, and the duty to pay the ex- penses incurred thereby, should belong to the owner. The Roman civil law, which in the matter of rivers has been generally adopted by all nations, as remarked by Hal- leck^ and declared by Wheaton, who quotes the precedent established by Mr. Jefferson in his Instruction to the United States Minister in Spain, of March 18, 1792, settled this ques- tion fin ally 2 and explicitly. The jus uteridi does not involve the obligation to pay ex- penses for the preservation of the thing used, nor any other expenses alluded to in questions Nos. 4 and 5. And the right of free navigation on a river which belongs to another power does not imply either in any way what- ever, no matter how remote, the obligation to pay the ex- penses which the owner of the said river may be pleased to ,incur for its preservation and improvement. Easements are rights which men have over things belong- ing to others ; they are burdens weighing upon these things, whether by the wiU of the parties, or by the force of circum- stances, and certainly it would be to disturb the order of law to demand from the possessor of the easement that he shoidd assist the owner in paying the expenses required in the preservation and improvement of the property. ' Chapter VI, § 27. ' Wheaton, by Lavrrence. Part II, Chap. IV, § 18. 165 Nothing would be easier than multiplying quotations from the Pandects, and from the Institutes of Justinian, in support of this doctrine, which is truly universal because of its wisdom and truth; and there is no nation in the civilized world that has not embodied it in its laws. In Central America, as in England and the United States and everywhere else, the obligations which refer to the ownership are incumbent upon the owner ; and the cestuy que use, or the possessor of any easement whatsoever, is not called to share those burdens unless by agreement especially entered into by him. The civil law of Spain, which, until very recently, consti- tuted the fundamental basis of the Nicaraguan law, as well as that of Costa Rica, has expressly declared this principle. " But the one who has only the right of use over a thing," says King Don Alfonso the Wise, " as was stated in the pre- ceding law, is not bound to do any of the aforesaid things in the property over which he has that use."i Those things before said are, as it can be seen by perus- ing the said law, " to guard, preserve, repair, and improve " the property. If the interpretation of the legal precept were different, the most lamentable confusion of things fundamentally dif- ferent by their own nature, as are the rights of ownership and use, would take place. The former represents the pleni- tude of power, while the latter only represents restrictions or emanations thereof. In reference to the Bay of San Juan, over which the rights of Costa Bica are sovereign, it seems to be unnecessary to state that the limitation or abridgment of the said rights cannot take place, whether directly or indirectly, except by an act of the will of Costa Bica, and with her consent. The history of bordering nations, joint sovereigns of streams, straits, and bays, presents numerous cases fixing Law XXII, Title 31, Partida III. 166 the rule to be observed when some work is to be done or certain measures to be taken for the preservation or improve- ment thereof. What has been done in those cases was always done by the will of interested parties, by means of treaties, and spec- ially having in sight the concrete fact, the project of the work or improvement, its plans, the estimate of its expense, and everything else necessary to give a complete idea of the sub- ject under consideration. It is in this way, and in no other, that both Costa E-ica and Nicaragua have to act in regard to the Bay of San Juan ; and Costa Rica has to reserve for it- self its freedom of action until seeing practically and con- cretely what is intended to be done to improve that Bay and prevent it from being obstructed, and before that she cannot bind herself or contract engagements for the future, upon mere general propositions, or academical themes, more prop- erly to be discussed in the law school than in an international arbitration. If, in the opinion of both Republics, some work is to be done, and the particulars of the work are given in such a way as is proper for all public works, then it is through an agreement or a formal treaty, concluded in accordance with the respective Constitutions of the two countries, that the said work must be undertaken and carried into effect. The mutual interests of the two parties would be sufficient to facilitate the enterprise. On the other hand, Nicaragua and Costa Rica find them- selves in regard to this point exactly in the same position. Both are joint owners of the Bay, and either of them, when considering it necessary for their mutual interests to under- take a work for preservation or improvement, must submit the project to the other. If the scientific studies required for the work, made by agreement of both parties, lead to a decision in favor of the advisability or necessity of the said work, the latter could be undertaken either at the expense of the two parties, in 167 equal proportion, if both of them were benefited thereby equally and without delay, or on account of whichever party was in need of it, subject to indemnification by the other party whenever it should be willing to avail itself of the im- provement. Such is the doctrine of equity, and the one which universally rules in matters of joint ownership. Referring now to Interrogatory No. 6, I shall state posi- tively that Costa Rica has the right to prevent Nicaragua from executing, at her own cost, the works to which she al- ludes, whenever undertaken without consideration of the rights which belong to Costa Rica, whether as cestuy que use of the river, or as joint owner of the Bay, or exclusive sov- ereign of the right bank of the San Juan river, and of the whole of the Colorado river, or of the other lands and waters of her territory. Costa Rica can, therefore, prevent any place on the river bank which belongs to her from being occupied. And to pre- vent one thing from being done is something more than asking indemnification for the occupation and for the damages done in consequence thereof, whether through the flooding of the lands, or by destruction of the river front, or for any other reason. Nicaragua cannot do any work either on the river or bay, whether for the improvement or for the preservation of the same, without first giving notice to Costa Rica and obtaining her consent. And as Costa Rica has the perpetual right of free navigation in the river, everything which may endanger or injure or modify or abridge that right is to be considered as an attack upon her property. Sic utere tuum ut alienum 71071 ledas Costa Rica will always say and repeat to her sister and neighbor, Nicaragua. " Do not touch the river which is of common possession, nor the Bay over which the two par- ties are sovereign, without previous deliberation and agree- ment upon the full knowledge of the nature of the work to be accomplished." In regard to the occupation of any part of the Costa Rican 168 territory, because it may be deemed necessary for tbe work of improvement, scarcely can it be understood how the idea that such a thing is possible has occurred to any mind. It is true that a sovereign can, by virtue of his eminent domain, appropriate for public use and for reason of public utility, within his own dominions, and subject to indemnify the owners, such property as may be required. But when or where has the doctrine been establised that such a power can be exercised extra-territorially ? Who gives authority to a sovereign, no matter how absolute he may be within his own dominions, to appropriate for pub- lic use any property situated within the limits of the neigh- boring sovereign ? The limit of the jurisdiction of Nicaragua is fixed by the line which runs along the right bank of the San Juan river, and from there to the interior of Costa Rica the land is in- violable for Nicaragua. If, in consequence of some work surreptitiously done on the river or port, without the consent of Costa Rica, it should happen that some lands become inundated, whether abso- lutely or temporarily, or that the river-bed becomes dry and Costa Rica is deprived of her river front, the right of Costa Rica, to demand the restoration of everything to the same condition in which it was before, and, furthermore, the proper indemnification for damages, does not admit of contradiction. Chapter IY. WHICH IS THE CENTRE OF THE SALINAS BAY? — IS COSTA RICA A PARTY TO THE GRANTS OF INTEROCEANIC CANAL WHICH NICARAGUA MIGHT MAKE ? WHAT ARE, IN THIS RESPECT, THE RIGHTS OF COSTA RICA 1 The fourth group of questions, or doubtful points, pro- pounded by Nicaragua embraces the interrogatories marked Nos. 2 and 3. They read as follows : "2. How shall the central point of the Salinas Bay, which is the other end of the dividing line, be fixed ? " 3. Whether by that central point we are to understand the centre of the figure ; and, as it is necessary for its deter- mination to fix the limit of the Bay towards the ocean, what shall that limit be ? " True it is that Article II of the treaty of 1858 stipulates that the boundary towards the Pacific Ocean should be marked by drawing " an astronomical line " from the point therein named " to the central point of the Salinas Bay in the Southern Sea." But also it is true that nothing can be simpler than rightly construing these words. The central point of the Salinas Bay, which, like the Bay of San Juan, belongs to the two Republics jointly and in common, as far as domain and sovereignty are concerned (Art. IY), cannot be more than one, especially when it is to be fixed by merely drawing a line, and, much more, an astronom- ical or air-line, regardless of valleys, mountains, or any other obstacles of any kind. That centre, the only one possible, has to be the geometrical centre, the one in which all the lines dividing the Bay into two equal parts cross each other. The place where this happens shall be the extremity of the boundary between the two countries. This question, rather geographical and geometrical than of 170 international law, is extremely easy to decide. To determine the figure of the Bay there is no necessity to go beyond its limits and enter the ocean. It is enough to draw a line which, uniting the most protruding capes of its mouth, should, as it might be said, close it entirely ; and then nothing would be easier and simpler than finding the centre of the polygon, no matter how irregular, in this way obtained. And to do so, and do it well, no survey is now needed, be- cause the United States of America have just published an excellent map of the Salinas Bay which renders the opera- tion extremely simple. This map is the one published under the title, " Central America : West Coast of Nicaragua ; Sa- linas Bay ; from a survey in 1885 by the officers of the U. S. S. Banger, Commander C. E. Clark, U. S. N., comdg." The two questions herein referred to can have only one answer, and that is that the astronomical line, spoken of by the treaty, shall end at the geometrical centre of the figure, that is, at the point in which the greater and lesser axes cross each other ; and that the waters of the Bay, although divided into two equal parts by the astronomical line, and its prolonga- tion towards the ocean, are common to the two Kepublics. Now, it is time to refer to the last group of questions, which is the fifth, and embraces the tenth and eleventh interroga- tories of Nicaragua. The language of these questions is as follows : " 10. If considering that the reasons of the stipulation con- tained in Article VIII of the treaty have disappeared, does Nicaragua, nevertheless, remain bound not to make any grants for canal purposes across her territory without first asking the opinion of Costa Eica, as therein provided ? Which are, in this respect, the natural rights of Costa Kica alluded to by this stipulation, and in what cases must they be deemed injured ? " 11. Whether the treaty of April 15, 1858, gives Costa Rica any right to be a party to the grants of interoceanic canal which Nicaragua may make, or to share the profits that Nic- 171 aragua should reserve for herself as sovereign of the territory and waters, and in compensation of the valuable favors and privileges she may have conceded ? " Whatever answer may be given to these questions must necessarily be prefaced by the statement that the stipulation contained in Article YIII of the treaty of limits does not explain the reasons, or causes, which induced the two nations to enter into it, of which the Goverment of Nicara- gua has spoken in the preamble which it was willing to make to this interrogatory, and which the said Government says to have now disappeared ; nor does it either allude to them even in the most indirect manner. Article VIII reads as follows : " Art. VIII. If the contracts of canalization, or transit, made by the Government of Nicaragua, before its having been given notice of the present agreement, should by any reason what- ever become invalidated, Nicaragua binds herself not to en- ter into any other contract for the aforesaid purposes with- out first hearing the opinion of the Government of Costa Rica as to the disadvantages that the transaction might pro- duce for the two countries, provided that the said opinion be given within thirty days after the receipt of the communica- tion asking for it, if Nicaragua stated that the decision was urgent ; and if the natural rights of Costa Rica are not in- jured, then the vote of Costa Rica shall be only advisory." In other words, if the contracts which were made before the treaty of limits of April 15, 1858, became law, were in in force, then Costa Rica would have to submit to the accom- plished fact, and respect in silence the stipulations made without its consent. But if for any reason whatever those contracts became invalidated, or inoperative, Nicaragua can- not enter into any new ones without first asking Costa Rica for its opinion, not only for the reason that its " natural rights " might be affected by the transaction, but also on account of the " disadvantages " which the transaction might produce for the two countries, that is, for Costa Rica and also Nicaragua. 172 And if it were urgently necessary that Costa Rica should give its opinion, then the opinion should be given within thirty days. The vote, or opinion, of Costa Rica should be simply ad- visory when referring to " disadvantages " common to both countries ; as, for instance, interests of race, language, religion, general commerce, &c.; but it will be " resolutive," that is to say, a real vote, as it must be necessarily, when referring to a " transaction " which does injury, or hurts, or alters, or modi- fies, or annuls, or ignores the natural rights of Costa Rica. Nothing is said in this article, nor in any others of the treaty, in regard to the causes which induced the two coun- tries to enter into the agreement. Nor can it be conjectured from the language of the agreement itself, that the circum- stances under which it was entered into were transient and capable of disappearing, and that they have now disappeared, as it is claimed. Should it be possible for me, in view of the absolute silence of Article VIII, to engage in such a discus- sion as this, I should set forth that the presumption is that the circumstances under which the treaty of 1858 was con- cluded were fundamentally the same as now exist. Why was it stipulated that Costa Rica should be heard before entering into any new grants of canal, or contracts of communication, or transit, and that its vote or opinion should be advisory when referring to the " disadvantages " that the transaction might produce for the two countries, and " resolutive," or a true vote, when referring to matters which might injure, or abridge, or ignore the " natural rights " of Costa Rica ? Was it not because the sovereignty over the Salinas Bay, and the Bay of San Juan, belongs to it jointly, or in common with Nicaragua, and because the right bank of the San Juan river belongs to it exclusively, and is Costa Rican territory ? Was it not because by virtue of these facts of permanent character, and of the perpetual right of use and navigation in the San Juan river, it was simply natural that nothing could be done capable of changing the status of all those things without first consulting the will of Costa Rica ? 173 The one who has dominion over a bay, although his sovereignty may not be exclusive, but in union with another sovereign, has the right of being heard and of interposing his veto in a matter upon which may depend the changing of the form of the bay, or the drying up of the same, or making it more accessible to a foreign enemy ; and such a right does not depend, nor can it depend, upon circumstances which exist to-day and disappear to-morrow. That right is the natural and legitimate result of complete dominion which constitutes sovereignty and does not need to be stipulated or explained. The same has to be said of the river banks which corre- spond to Costa Rica from the mouth of the San Juan river going up to within three miles of Castillo Viejo. In regard to whatever project of canalization or of transit which might affect the rights of exclusive sovereignty which Costa Rica has over that portion of the right bank of this river, which may involve the possibility of diminishing the amount of its waters or of throwing them upon Costa Rica, thereby flooding some locality, or which might make the defence of the Costa Rican territory and the same river more difficult and burden- some, which Costa Rica is obliged to defend " with all the effi- ciency that might be within her reach," has necessarily and by virtue of the same nature of things to be consulted with Costa Rica. To act otherwise would simply be to invade the sovereign rights of that Republic. These antecedents being established, and remembering that the laws of interpretation of the treaties are the same to be observed in the interpretation of contracts between pri- vate parties,! from which it is clear that there is no neces- sity to search for another meaning than that which its own words legitimately reveal, and which the legal necessities already recommended confirm, it will be easy to answer the two questions. ^Woolsey, §118. 174 To the first, which is the one marked No. 10, I shall say positively that Nicaragua is bound not to make any grants of canal through her territory without first securing the consent of Costa Rica, in the terms, and in the way, and for the pur- poses, provided for in Article VIII of the treaty of April 15, 1858, and this not only because the said article is in force and has never been repealed or modified, but because, even in case that the said article should never have been written, the provisions thereof ought to be considered to be in exist- ence as emanating from the dictates of reason and law. In other words. Article YIII of the treaty has not created the rights of Costa Rica and the correlative duties of Nicaragua in this respect ; but the said rights and duties existed before- hand, and the treaty has done nothing else than express them. Now, and in regard to the additional question, " Which are, in this respect, the natural rights of Costa Rica, alluded to by this stipulation, and in what cases they must be deemed injured ? " I shall say, in the first place, that it is not rea- sonable to ask Costa Rica to formulate a complete catalogue of its natural rights in regard to this point, and to explain beforehand, through an almost prophetic effort of foresight, what are the circumstances through which those rights may be injured. And, in the second place, that those natural rights, and those circumstances capable to injure them, can be determined without difficulty when the concrete case rendering the investigation necessary presents itself. It is well known that the natural rights of a man or nation, according to the excellent definition of Ahrens,i are those which constitute an indispensable condition, depending upon the wiU of another man or Government for the pr.eservation and development, whether material, moral, or intellectual, of the individual or nation to which they refer. That the river bank of Costa Rica remains such as it is ; that ^ Philosophie du Droit, chap. i. 175 its statu quo is not disturbed in consequence of a work of canalization ; that Costa Rica does not become bounded by a dried up river-bed instead of a navigable river, or by a stream insignificant and without sufficient water for the pur- poses of navigation, commerce, and defence ; that by a work of this kind a portion of the Costa Rican territory does not be- come flooded, and that the industries already created thereon, or which might be created in the future, become ruined, and the rights of the riparian owners nullified or ignored ; that the " improvement " of the Bay of San Juan is not such as to injure the rights and interests of Costa Bica, and in- crease the burdens of its Government by rendering the duty of defending it, which the treaty imposes upon her, much more onerous or costly ; all of this constitutes a natural right, perfect, demandable, irrefutable ; arid all that opposes the full satisfaction of that right, or renders that satisfaction more difficult, is and has to be considered as wrongful and invasive. When the practical case should present itself no one doubts, nor can it be doubted, that Costa Rica and Nicaragua will agree with each other, since their rights are similar and substantially the same. The eleventh and last question is nothing more than a repetition of the immediately preceding one, to which a kind of preamble or antecedent has been attached. The answer to be given to it has to be the same. The Government of Nicaragua asks whether the treaty gives Costa Rica the right to be a party to the grants of in- teroceanic canal which that Government may make, and to share the profits which Nicaragua may reserve for herself as sovereign and in compensation of the valuable sacrifices made by her. And the answer is that Costa Rica has indeed the right to be a party to the grants of canal made since 1858, or which may be made in the future, and that, further- more, that right is affirmed and recognized by Nicaragua herself in Article YIII of the treaty of limits. 176 As to sharing the profits and determining whether those which Nicaragua might reserve for herself are or are not, must or must not be, legitimate compensation for her sacri- fices, these are precisely the questions which, among others, necessarily require the intervention of Costa Rica, and ren- der the latter a legitimate party to the grants. The letter and the spirit of Article YIII clearly show that everything in regard to this point will depend upon the special circumstances of the case. If the grant is of such a nature as to demand sacrifices on the part of Costa Rica, whether because her sovereign rights are injured or because other rights of a different nature belonging to her may suffer detriment, could ever Nicaragua pretend that such sacrifices should be gratuitous ? Could she justly deny the right of Costa Rica to share the profits ? But this question is indeed premature. To resolve it properly, and even to avoid its coming up, the two Govern- ments wisely stipulated that Nicaragua should not enter into any agreement of this kind without first Hstening to Costa Rica. Let this article be comphed with according to its letter and spirit, and no difficulty of any kind will ever arise. CONCLUSION, 12 CONCLUSION. I HEBE put an end to this argument and omit a general re- capitulation, although it might be of some use, for fear of fatiguing too much the enlightened and benevolent attention of the Arbitrator. The cause which I have defended is one of those which, on account of its notorious justice, needs no defence. It was only in consideration of that justice, I must say so once more ; it was only for the legitimate interest which Costa Rica has, and always had, in securing respect and in- violability for what has been covenanted, that she has main- tained with firmness the validity of the treaty of 1858. Not by any means because she believes that the said treaty is favorable to her. When Costa Rica adhered to that com- pact she knew perfectly well that her ancient rights on the San Juan river became reduced by it to those of simple use ; she understood without difficulty that, in moving away from the shores of the Great Lake, she also gave up her indisputa- ble rights of community in it as a bordering State ; and, therefore, she acted with the full knowledge that she was sacrificing her rights. But the Costa Rican people, being eminently peaceful and abhorrent of having differences with their neighbors, thought it better to accept that settlement than to keep open for a longer time the old question of limits with Nicaragua — a perennial source of trouble for both Republics. Exactly the same spirit now prevails in Costa Rica, and the very same reasons which induced her to act in 1858, cause her now to maintain the validity of the compact cele- brated at that time, although the nullification thereof should produce the inevitable result of restoring the ancient frontiers of the Great Lake, the La Flor and the San Juan rivers. 180 Costa Eica never thought that the treaty of limits of 1858 was beneficial to her, and, if she shows herself earnest to maintain its validity, it is only for the sake of peace and tranquility, gifts which her children always held in high esteem, and always considered preferable to the possession of a strip of land, when no sacrifice of national dignity was required. Not once, nor twice, has the Costa Eican Foreign Office declared, in the most bitter part of the struggle, that the rescission of the treaty would be accepted by it, provided that Nicaragua should assume the responsibility of taking the initiative step, by which everything would be restored to its original condition ; but this proposition was not enter- tained in Nicaragua, who, indeed, confuses the mind with her incomprehensible conduct, alleging, on the one side, the nullity of the convention of limits because she feels herself injured by it, while, on the other, refusing to accept the rescission of the compact when suggested to her. The only explanation that this fact admits of is that the present question has been, for Nicaragua, a matter of do- mestic politics rather than an international affair — an idea which subsequent events have corroborated, because the treaty lately concluded at Managua, which put an end to the question, after having obtained the general approval of the country, and in spite of the support of the Administration which made it, was finally rejected through partisan interests and influences. Those who act in this way do not realize how much harm they do to the real and fundamental interests of their own country. They do not understand that in reopening the ques- tion of vahdity or nullity of the treaty of 1858, which the Managua convention settled, the work of the interoceanic canal, the exponent of Central American patriotism, to which the United States of America looks with interest, and which is a work of universal importance, and by which both Costa Eica and Nicaragua will raise themselves to a great height, cannot but be embarrassed by differences which must be smothered on its account. 181 Fortunately, the end of such a disagreeable contention is near at hand. Soon the upright and learned Chief Magis- trate of this great nation will say on whose side justice rests, and the Powers of both hemispheres will learn for their fu- ture guidance whether it has been judicious to maintain that an international compact, concluded by duly authorized pleni- potentiaries, approved by the Chief Magistrates of the con- tracting States, ratified by the national representation of the two countries, exchanged in a solemn and special form, le- gally promulgated, communicated oihcially to all friendly na- tions, and executed and complied with in good faith for many years, is no more than blank paper, and has to fall before forensic subtleties, behind which the desire of breaking it appears concealed. Costa Kica confidently relies upon the wisdom and right- eousness of the Arbitrator. She trusts in the self-evident justice of her cause, and confidently expects a favorable decision. But should she be disappointed in this expec- tation, her deference and respect for the decision will be none the less. PEDKO PEREZ ZELEDON, Envoy Extraordinary and Minister Plenipotentiary of Costa Rica. Washington, D. C, October "mtli, 1887. DOCUMENTS DOCUMENTS. No. 1. Treaty of Limits between Costa Rica and Nicaragua^ con- cluded April Ihth, 1858. We, Mdximo Jerez, Minister Plenipotentiary of the Gov- ernment of the Republic of Nicaragua, and Jose Maria Caiias, Minister Plenipotentiary of the Government of the Republic of Costa Rica, having been entrusted by our re- spective Governments with the mission of adjusting a treaty of limits between the two Republics, which should put an end to all the differences which have obstructed the perfect understanding and harmony that must prevail among them for their safety and prosperity, and having exchanged our respec- tive powers, which were examined by Hon. Senor Don Pedro R. Negrete, Minister Plenipotentiary of the Government of the RepubHc of Salvador, exercising the functions of frater- nal mediator in these negotiations, who found them to be good and in due form, as we on our part also found good and in due form the powers exhibited by the said Minister, after having discussed with the necessary deliberation all the points in question, with the assistance of the represent- ative of Salvador who was present, have agreed to and ad- justed the following Treaty of Limits between Nicaragua and Costa Rica. Abticle I. The RepubHc of Nicaragua and the Republic of Costa Rica declare in the most solemn and express terms that if for one moment they wxre about to enter into a struggle for reason of limits and for others which each one of the high contract- 186 ing parties considered to be legal and a matter of honor, now after having given each other repeated proofs of good un- derstanding, peaceful principles, and true fraternity, they are willing to bind themselves, as they formally do, to secure that the peace happily re-established should be each day more and more affirmed between the Government and the people of both nations, not only for the good and advantage of Nicaragua and Costa Rica, but for the happiness and prosperity which, to a certain extent, our sisters, the other Central American Republics, will derive from it. Aeticle II. • The dividing line between the two Republics, starting from the Northern Sea, shall begin at the end of Punta de Cas- tilla, at the mouth of the San Juan de Nicaragua river, and shall run along the right bank of the said river up to a point three English miles distant from Castillo Viejo, said distance to be measured between the exterior works of said castle and the above-named point. From here, and taking the said works as centre, a curve shall be drawn along said works, keeping at the distance of three English miles from them, in its whole length, until reaching another point, which shaU be at the distance of two miles from the bank of the river on the other side of the castle. From here the line shall con- tinue in the direction of the Sapoa river, which empties into the Lake of Nicaragua, and it shall follow its course, keeping always at the distance of two miles from the right bank of the San Juan river all along its windings, up to reaching its origin in the lake ; and from there along the right shore of the said lake until reaching the Sapoa river, where the line parallel to the bank and shore will terminate. From the point in which the said line shall coincide with the Sapoa river — a point which, according to the above description, must be two miles distant from the lake — an astronomic straight line shaU be drawn to the central point of the Salinas Bay in the Southern Sea, where the line marking the boundary between the two contracting Republics shall end. 187 Article III. Such surveys as may be required to locate this boundary, whether in whole or in part, shall be made by Commissioners appointed by the two Governments ; and the two Govern- ments shall agree also as to the time when the said survey shall be made. Said Commissioners shall have the power to somewhat deviate from the curve around the castle, from the line parallel to the banks of the river and the lake, or from the astronomic straight line between Sapod and Sa- linas, if they find that natural land-marks can be substituted with advantage. Article IV. The Bay of San Juan del Norte, as well as the Salinas Bay, shall be common to both Kepublics, and, therefore, both the advantages of their use and the obligation to contribute to their defence shall also be common. Costa Kica shall be bound, as far as the portion of the banks of the San Juan river which correspond to it is concerned, to contribute to its custody in the same way as the two Republics shall con- tribute to the defence of the river in case of external aggres- sion ; and this they shall do with all the efficiency within their reach. Article V. As long as Nicaragua does not recover the full possession of all her rights in the port of San Juan del Norte, the use and possession of Punta de Castilla shall be common and equal both for Nicaragua and Costa Rica ; and in the mean- time, and as long as this community lasts, the boundary shall be the whole course of the Colorado river. It is furthermore stipulated that, as long as the said port of San Juan del Norte remains d. free port, Costa Rica shall not charge Nic- aragua any custom duties at Punta de Castilla. 188 Akticle VI. The Republic of Nicaragua shall have exclusively the do- minion and sovereign jurisdiction over the waters of the San Juan river from its origin in the Lake to its mouth in the Atlantic ; but the Republic of Costa Rica shall have the per- petual right of free navigation on the said waters, between the said mouth and the point, three English miles distant from Castillo Viejo, said navigation being for the purposes of commerce either with Nicaragua or with the interior of Costa Rica, through the San Carlos river, the Sarapiqui, or any other way proceeding from the portion of the bank of the San Juan river, which is hereby declared to belong to Costa Rica. The vessels of both countries shall have the power to land indiscriminately on either side of the river, at the portion thereof where the navigation is common ; and no charges of any kind, or duties, shall be collected unless when levied by mutual consent of both Governments. Abticle YII. It is agreed that the territorial division made by this treaty cannot be understood as impairing in any way the obliga- tions contracted whether in public treaties or in contracts of canalization or public transit by the Government of Nic- aragua previous to the conclusion of the present treaty; on the contrary, it is understood that Costa Rica assumes those obligations, as far as the portion which corresponds to its territory is concerned, without injury to the eminent do- main and sovereign right which it has over the same. Akticle VIII. If the contracts of canalization or transit entered into by the Government of Nicaragua previous to its being informed of the conclusion of this treaty should happen to be invali- dated for any reason whatever, Nicaragua binds herself not 189 to enter into any other arrangement for the aforesaid pur- poses without first hearing the opinion of the Government of Costa Rica as to the disadvantages which the transaction might occasion the two countries ; provided that the said opinion is rendered within the period of 30 days after the receipt of the communication asking for it, if Nicaragua should have said that the decision was urgent ; and, if the transaction does not injure the natural rights of Costa Rica, the vote asked for shall be only advisory. Akticle IX. Under no circumstances, and even in case that the Repub- lics of Costa Rica and Nicaragua should unhappily find them- selves in a state of war, neither of them shall be allowed to commit any act. of hostility against the other, whether in the port of San Juan del Norte, or in the San Juan river, or the Lake of Nicaragua. Article X. The stipulation of the foregoing article being essentially important for the proper custody of both the port and the river against foreign aggression, which would affect the gen- eral interests of the country, the strict performance thereof is left under the special guarantee which, in the name of the mediator Government, its Minister Plenipotentiary herein present is ready to give, and does hereby give, in use of the faculties vested in him for that purpose by his Government. Article XI. In testimony of the good and cordial understanding which is established between the Republics of Nicaragua and Costa Rica, they mutually give up all claims against each other, on whatever ground they may be founded, up to the date of the present treaty ; and in the same way the two contracting par- 190 ties do hereby waive all claims for indemnification of damages which they might consider themselves entitled to present against each other. Article XII. This treaty shall be ratified, and the ratifications thereof shall be exchanged, at Santiago de Managua within forty days after it is signed. In testimony whereof we have hereunto subscribed our names to the present instrument, executed in triplicate, to- gether with the Hon. Minister of Salvador, and under the countersign of the respective secretaries of Legation, at the city of San Jos6, in Costa Eica, on the 15th day of April, in the year of our Lord 1858. MAXIMO JEKEZ. JOSE M. CAHAS. PEDKO BOMULO NEGKETE. MANUEL KIVAS, Secretary of the Legation of Nicaragua. SALYADOK GONZALEZ, Secretary of the Legation of Costa Rica. FLOEENTINO SOUZA, Secretary of the Legation of Salvador. \ Additional Act. The undersigned, Ministers of Nicaragua and Costa Rica, wishing to give public testimony of their high esteem and of their feelings of gratitude towards the Republic of Salvador, and the worthy representative of the same. Col. Don Pedro R. Negrete, have agreed that the treaty of territorial limits be accompanied with the following declaration, namely : " Whereas, the Government of Salvador has given to the Governments of Costa Rica and Nicaragua the most authentic testimony of its noble feelings, and of its high appreciation of the value and necessity of cultivating fraternal sympathy 191 among these Eepublics, and lias interested itself as efficiently as friendly in the equitable settlement of the differences which unhappily have existed between the high contracting parties, a settlement which has been secured by the two Legations, owing in great part to the estimable and efficient action of the Hon. Senor Negrete, Minister Plenipotentiary of the said Government, who proved to be the right person to accom- plish the generous mediation for wdiich he was appointed, and who has known perfectly well how to meet the inten- tions of his Government, and owing also to the important aid, to the learning and to the impartial suggestions of the same Minister during the discussion of the subject, we, the Representatives of Costa Eica and Nicaragua, in the name of our respective countries, do hereby fulfil the pleasant duty, of declaring and recording here all the gratitude which we feel for the patriotism, high mindedness, fraternity, and be- nevolence characterizing the Government of Salvador. In testimony whereof we have hereunto subscribed our names and signed this, in triplicate, in the presence of the Hon. Minister of Salvador, under the countersign of the re- spective Secretaries of Legation, in the city of San Jose, the capital of Costa Rica, on the 15th day of April, in the year of our Lord 1858. MAXIMO JEREZ. JOSE M. ca:^as. MANUEL RIYAS, Secretary of the Legation of Nicaragua. SALVADOR GONZALEZ, \ Secretary of the Legation of Costa Rica. 192 No. 2. ■Decree of the federal Congress of Central America in 1825, approving the annexation of Nicoya to Costa Rica. The Federal Congress of the Kepublic of Central America, taking into consideration, firstly, the reiterated petitions of the authorities and municipal bodies of the towns of the district of Nicoya, asking for their separation from Nicaragua and their annexation to Costa Eica ; and secondly, that the said towns and people actually annexed themselves to Costa Rica at the time in which the political troubles of Nicaragua took place ; and thirdly, the topographical situation of the same district, has been pleased to decree, and does hereby decree : Art. 1. For the time being, and until the demarcation of the territory of each State provided by Art. YII of the Constitution is made, the district of Nicoya shaU continue to be separated from Nicaragua and annexed to Costa Rica. Art. 2. In consequence thereof, the district of Nicoya shall recognize its dependence upon the authorities of Costa Rica, and shall have, in the Legislature of the latter, such representation as corresponds to it. Art. 3. This decree shall be communicated to the Assem- blies of Nicaragua and Costa Rica. Let it pass to the Senate. Given at Guatemala December 9, 1825. [From the " Resena Historica de Centro-Amgrica," by Lorenzo Montufar, Guatemala, 1881, Vol. IV, p. 382.] 193 No. 3. The state of things existing at the time of the labors of the Constituent Assembly is declared to be an extraordinary regime, wherein the constitutional rules in force under regular circumstances could be laid aside. Session of the 30th of November. ******* There were present fourteen members, and absent Sen ores Lacayo and Machado on account of sickness, and Mejia, Sa- linas, Basilio, and Carazo for other reasons. * * * Senores Baca and Chamorro (Don Pablo) said that they wanted to explain their negative votes to the decree of the 28th instant, and, the President having acceded to their wish, it is hereby recorded that the said gentlemen refused to vote in the affirmative because they understand that the faculty of exercising the acts which the decree refers to is included among the faculties of the legislative power, and that one thing is faculties of the legislative power and another thing faculties of legislation. ******* Senor Lopez made the following motion : " Whereas the election of justices desired to be made by this august body may find an insuperable obstacle in the scarcity of men prop- erly qualified for such offices, I suggest to you that, before making the said election, you pass a resolution rendering the present members of this body to be eligible, since the consti- tutional provision which excludes the members of Congress from, serving injudicial offices can only be understood during an ORDINARY REGIME." The same Senor Lopez asked this to be declared urgent ; and Senor Cesar, having made a previous motion that all questions referring to the faculties of the Executive Power should be first decided, and that the questions in regard to 13 194 the judiciary should be postponed to another day, the mo- tion of Senor Cesar was carried. * ^ * The session was adjourned. PEDKO ZELEDON, Vice-President. J. MIGUEL CAKDENAS, Secretary. FEANCISCO JIMENEZ, Secretary. [From "La Gaceta de Nicaragua" No. 2, January 9, 1858.] 195 No. 4. CommMnication from the Costa Rican Secretary of State — It shows the ardent desire of Costa Rica to settle finally and forever, the questions pending hetween it and Nicaragua, even at the sacrifice of its own rights and its national pride. National Palace, San Jose, December 15, 1857. To the Plenipotentiaries in Nicaragua : I have had the pleasure to receive your very estimable communications of the 29th and 30th of November past, with inclosure, consisting of a copy of the letter addressed by both of you from the city of Kivas to the Secretary of Foreign Relations at Managua. I have also received your despatches dated at Bivas on the 9th instant, and inclosures marked Nos. 7, 11, 12, and 13, as well as copies of the treaty made by you on the 8th instant, and documents appended thereto. His Excellency the President of the Republic having ac- quainted himself with the tenor of the ten articles of the agreement above named, and with the explanations contained in your despatches, has directed me to tell you both, in reply, as I have the honor to do, that only through the fatality of circumstances under which the Central American countries find themselves at present, owing to the recent filibustering invasion, he could have been moved to entertain and con- sider such stipulations as the ones referred to, which, while proving that Nicaragua did not think of the dangers we all are now running, show also that she did not take into account the innumerable sacrifices that the Government and people of Costa Rica have made in older to cause their ancient rights, and their signification at the present day, to he recognized. Notwithstanding this, the undersigned will refrain from making any of those I'emarks which naturally spring up from the consideration of the terms on which some one of the conces- 196 sions of Nicaragua have been 7nade, requiring in compensation thereof the sacrifice of such immense interests as are involved in the concessions of Costa Rica ; but he will state^ however^ that from, the moment in which the Costa Rican Government noticed, the attitude taken hy that of Nicaragua, and the char- acter of the accusations made hy the latter against the former, it firmly decided to abandon even those positions which had been conquered at the cost of Costa Rican blood, although without any intention to retain, them, except during the period of the common danger. Under these circumstances, and acting always under the impulse of its peaceful ideas, a7)d of its vehement desire of saving the independence of the Central American soil, the Government, setting aside and removing whatever obstacles might be found in its way, even at the cost of great sacrifices, has decided to refer the said treaty immediately to the consid- eration of the Congress of this Republic. There see?ns to be no doubt that the generous and noble feelings of the representa- tives of the Costa Rican people will induce them to sacrifice, as the Executive does, the rights herein involved, and ratify, even to the detriment of a just feeling of national pride, the treaty which you both have concluded ; and with this Nicara- gua is given a very significant testimo7iy of the loyalty and disinterestedness of Costa Rica, and how highly it values the national Union and independence in the presence of the risks to which they are exposed. As soon as the national representation of Costa Rica seals with its approval the said treaties, I shall have the honor to send them to you by messenger, it being understood that in the meantime the Constituent Assembly of Nicaragua will lend to them the same attention, in obder that all those QUESTIONS AS HAVE DIVIDED THESE TWO COUNTRIES BE FOREVER SETTLED, and the two countries themselves may, with entire freedom and liberty, attend to their preservation. I have the honor to subscribe myself, with sincere expres- sions of high esteem and consideration, your obedient servant, NAZARIO TOLEDO. 197 No. 5. Commimication showing the spirit of conciliation and fra- ternity which prevailed in the making of the treaty of limits. — The limits hetween Costa Rica and Nicaragua are, more than anything else, internal or domestic j^irisdictional bound- aries. Managua, Jamiary 18, 1858. To the Secretary for Foreign Relations of the Republic of Costa Rica. Sir : The treaty adjusted on the 8th of December ultimo, between the Commissioners of the Government of your Re- public and the President of Nicaragua, General Don Tomas Martinez, was submitted to the Constituent Assembly of this Republic ; and that august body, after giving the subject its most attentive meditation, decided that, in order to remove such obstacles as present themselves for its ratification, the negotiations of peace, amity, limits, and alliance between the two countries should be continued, so as to conciliate their respective interests and secure their independence. This will be shown to you by the terms of the decree, an author- ized copy of which I have the honor to enclose. fc * ^ ^ * * The limits hetween the Central American States are no more than limits dividing sections of one and the same State. More than barriers to opposite or conflicting interests, they have to be considered as internal or domestic jurisdictional boundaries. The States of Central America are no more than one people, whatever boundaries may be drawn to separate them from each other. And for this reason sxtch questions as may arise out of this subject should never be carried to the ex- treme which has been attempted, unless some responsibility appears involved in it, which, affecting the interests of the one country, may react against the other. No difficulty ap- pears to exist for the arrangement concerning reciprocal com- 198 merce, and that of foreign countries through the San Juan river ; and as the maintaining their independence is a com- mon desire of the two Kepublics, no obstacle appears to exist for combining for the mutual defence of that sacred right. My Government earnestly desires that the people of hoth Costa Rica and Nicaragua may form a close unity, and appear as if they were only one people ; and in compliance with its duty, it is ready to appoint at once the proper Commissioners, who, in union with those whom your Re- public may select, should give satisfactory conclusion to the pending negotiations. My Government expects that yours will be pleased to communicate to your own Commissioners such instructions as are required, for the reasons above ex- pressed, as it has on its own part done to-day. * * * * -jf ^ GREGORIO JUAREZ. [From the "Gaceta de Nicaragua," No. of January 25, 1858.] 199 No. 6. Congratulation hy the United States Minister for the near set- tlement of the differences hetioeen Costa Rica and Nicara- gua. — Speech of Gen Miraheau B. Lamar, Envoy Extra- ordinary and Minister Plenipotentiary of the United States in Nicaragua. " May Your Excellency allow me to express, in conclusion, liow gratifying it is for me that the storm of war which not long ago threatened this country and one of her neighboring sisters has vanished before the serene brilliancy of another policy much more to be desired ; that Nicaragua and Costa Rica have put an end to their controversies^ and that^ as an- nounced hy everything, their old fraternal, peaceful relations are to he re-estahlished upon solid foundations. Who can say what may come out of such a happy event ? It may, per- haps, conduce to the union of the two countries. And some- times I have even thought that such a policy should neces- sarily promote the happiness of both. In my opinion such an example should be followed with great advantage by all the States of Central America, whose reunion under their former Federal Constitution would not only secure for them the benefits of peace, and strength, and dignity, but would place them on the same level as other important nations, rendering them able to compete with them in the prosecution of prosperity and glory. If Nicaragua, inspired by such feelings, should take the first step for the accomplishment of such a great enterprise she would win for herself a crown of immortal honor and the gratitude of all hearts which throb for the good of this country and. the future progress of its people." [From the Oaceta de Nicaragua, No. 7, February 13, 1858.] 200 No. 7. Note of the Costa Rican Secretary of State showing the peace- ful dispositiooi of Costa Rica in regard to the question of liniiis'. San Jose, Fehruai^ 15, 1858. To the Minister of Foreign Relations of the Republic of Nic- aragua : I have had the honor to receive your estimable communi- cation, dated at Managua, on the 18th of January instant, to which a copy of the Decree No. 19 of the 15th of the same month of January, enacted by the Congress of your Kepublic, was appended. His Excellency the President of Costa Eica had flattered himself that all the questions which for such a long time had maintained two bordering and sister nations in disagreement, although for so many reasons they are called to form but one family, one nation, and to consolidate and combine their re- spective rights and prerogatives to save their own existence, overcome dangers and threats from outside, retain their political autonomy, and secure the accomplishment of their future destinies, were settled satisfactorily to both parties by means of the treaty of December 8, which this Government readily approved and which was ratified with no less readi- ness by the legislative body, showing by all this the self-de- nial which was required by circumstances, and overlooking the disadvantages and the great sacrifices which Costa Rica incurred for the sake of harmony, good friendship, and well understood interests of both Republics. Nevertheless, if, as seen by your despatch and by the de- cree No. 19 of January 15, some obstacles have presented themselves, which from their magnitude, their nature, and their great political and social moment render it necessary to postpone the consummation of an act which in many respects involves the interests of the whole of Central America, and 201 was intended to put an end to unfortunate territorial ques- tions, my Government cannot ignore the weight of your ar- guments in support of the decree enacted by the Congress of your Republic, rejecting the treaty of peace and limits which had been concluded by the President, Don Tomas Martinez, and the Commissioners of Costa Rica. My Government is pleased, however, to see the provision in the said decree to the effect that the negotiations should continue, and also the activity with w^hich your Government has carried this provision at once into effect by appointing commissioners who, in union with such commissioners as be appointed by my Government, should discuss again and ad- just a settlement of such vital interest. You may be assured that Costa Rica earnestly and sin- cerely desires to preserve good understanding, friendship, and fraternal harmony with Nicaragua, and that it is there- fore animated with the best wishes in favor of the peace of both countries, it being persuaded of the intimate connec- tion, both in interest, happiness, and danger, which exists be- tween them. So it is that I can assure from this moment, and the Gov- ernment of Nicaragua can depend upon it, that every con- sideration and respect will be shown in this Republic, with pleasure and earnestness, to the gentlemen that your Govern- ment may select for the important mission above alluded to. His Excellency the President expects that the efforts which Nicaragua is going to make, the honorable and grati- fying mediation of Salvador, exercised through its worthy Minister, Senor Negrete, who is already in this capital, and the exceedingly favorable disposition of my own Government, will give such results as will correspond to the interests to be dealt with and to the good name of the States which con- tributed to it. Please accept the testimony of the distinguished consid- eration with which I subscribe myself your attentive servant, NAZARIO TOLEDO. 202 No. 8. Coramunication from the Secretary of State of Costa Rica^ shoioing that the initiation of the treaty of 1858 was due to the friendly mediation of the Government of Salvador , and to overtures made by Nicaragua, subsequent to the repudia- tion by the latter of the treaty of 1857 which Costa Rica had approved of Department of Foreign Eelations of Costa Eica, National Palace, San Jose, February 16, 1858. Sir : His Excellency the President of this Eepublic has officially received to-day His Excellency Don Pedro E. Ne- grete. Envoy Extraordinary and Minister Plenipotentiary of Salvador, who comes with the most important and gratifying mission to mediate in the question of territorial limits. Although this Government has given repeated proofs of its desire to obtain a settlement, which with no less frequency has been made illusory ; although its best wishes proved to be fruitless when it accredited a Legation, with ample in- structions, to remove by an equitable settlement the only obstacle capable of hindering the relations and reciprocal interests of both Governments from being strengthened ; al- though the rejection of the treaty of December 3d, was cal- culated to inspire diffidence and cause this Government to be more circumspect in entering into further negotiations ; notwithstanding all that, my Government^ taking into consid- eration the friendly intervention of the Govemirient of Salva- dor, and its efforts, both commendable and honorable, in favor of Costa Mica as well as Nicaragua, and the fraternal mani- festations of the worthy Salvadorean Minister, has not felt able to refuse a favorable hearing to the statements made by Senor Negrete on behalf of his Government, and therefore it finds itself well disposed to listen to such propositions as may be made by the Government of Nicaragua, hoping that on this • 203 occasion the efforts of Costa Rica and the sacrifices already made by her in different ways should not prove useless. An answer to this effect has been given with pleasure to the Minister of Salvador, who, even before his official re^ ception, had suggested that a Legation from your Republic should he 7'eceived here,, and declared that the place for the negotiation should be in this capital, since our Legation in your capital has been withdrawn. I subscribe myself, with sentiments of the greatest consid- eration and respect, your obedient servant, NAZARIO TOLEDO. To His Excellency The Minister of Foreign Relations of the Republic of Nicaragua, Managua. 204 ^ . No. 9. Act of Exchange of Ratifications of the Treaty of Limits, I, Tomas Martinez, President of the Eepublic of Nicaragua, and I, Rafael Mora, President of the Republic of Costa Rica, fully and competently authorized by the respective Congresses of Nicaragua and Costa Rica to perform the exchange of ratifications of the treaty of territorial limits, which was signed by Plenipotentiaries of both Republics and by one of Salvador as mediator power on the 15th of April instant, at San Jos^, the Capital of Costa Rica, said Plenipotentiaries having been, on the part of the Republic of Nicaragua, Gen- eral Don Maximo Jerez, on the part of that of Costa Rica,- General Don Jos^ Maria Canas, and on the part of Salvador, Col. Don Pedro Romulo Negrete, having met at the city of Rivas, in Nicaragua, for the purpose aforesaid, have this day performed the exchange of the respective official instruments of ratification of the said treaty of April 15th, and drawn up and signed in triplicate, as we do now, the present act of exchange, which will be countersigned by the respective Sec- retaries of Foreign Relations of Nicaragua and Costa Rica, Lie. Don Gregorio Juarez and Dr. Don Nazario Toledo. Done this 26th day of the month of April, in the year of our Lord 1858. TOMAS MARTINEZ. JUAN RAFAEL MORA. GREGORIO JUAREZ, Secretary of State for Foreigyi Relations. NAZARIO TOLEDO, Secretary of State for Foreign Relations. [From the '* Gaceta de Nicaragua," No. 15, May 8, 1858.] 205 No. 10. Editorial of the Official Newspaper of JSidaragiia on the Con- clusion of the Treaty. — It shows the spirit of conciliation and fraternity of Costa Rica and Nicaragua. — Thanks given to the Government of Salvador for its friendly medi- ation. Peace between Nicaragua and Costa Eica. The a7icient question of limits hetiveeri the txoo Republics^ which has imposed so many sacrifices on both of them, and which so often has occupied their attention at a moment in which it was imperative for them to devote it to something else of a much greater character ; that fatal difference, fruit- ful source of libellous publications, disgraceful to the dignity of the public press ; that dispute, in fine, which, exciting the minds, often puts us face to face, ready to fight and to redeem with blood the wrong done, or alleged, appears now to have been, as it indubitably has been, compromised in the most harm,onious manner. The stains which soiled the pages of the history of the two countries have been removed, and that fraternity which God established between their people, and which men attempted to ignore, has been promoted and fostered. Up to this moment the Government has not yet any knowl- edge of the treaty concluded to this effect. It scarcely knows about it, anything else than it was concluded on very equi- tahle terms. But this is enough to make it feel satisfied for the accomplishment of its expectations and the success of the labors lately undertaken. True it is, indeed, that there is no question in this world which cannot be solved when there is a disposition to do so. Diplomacy has saved the human race from shedding as much blood as has been shed when it proved to be unable to exercise its empire. 206 A conviction, sufficiently founded, tells us that this time there will be no obstacle for the ratification of the treaty, both because ofthe' general desire that such differences he at least adjusted, even by setting aside some right or another, and because, as it is reported, the settlement has heen made in such a way as not to attack former engagements, and fully satisfy the two peace-making parties. The Government officials who have been able to render themselves superior to the passions begotten and fostered in the course of the controversy ; the persons who have inter- vened, or may in the future intervene, to seal the cordiality now coming into existence, and develop it to such a degree as is becoming to countries so intimately connected with each other, have crowned themselves with glory, and conquered for their native countries, not a new province won by force of arms, but peace, rest, fraternity, and the benevolence of a sister Eepublic, with which it has to run the same fate, since the interests which connect it with her are identical. The Government of Salvador, by selecting such an intelH- gent and active representative as Colonel Don Pedro Eomulo Negrete to carry into effect its generous mediation, has given full evidence of the deep concern that it felt in the uncertain and dangerous condition of things between Nicaragua and Costa Rica, and has won, the same as its indefatigable repre- sentative, the purest satisfaction of having done her sisters one of the most estimahle benefits that could he expected. [From the " Gaceta de Nicaragua," No. 14, May 1st, 1858.] 207 No. 11. Leave-taking of President Mora. EivAS, San Juan del Sur, May 2, 1858. To His Excellency Don Tomas Martinez, President of Nicaragua. Sir : The great objects of our meeting at Rivas having been so happily accomplished, I return to my country with feelings of satisfaction and contentment for the benevolent attentions kindly extended to me, both by Your Excellency, the various members of the Government, and some distin- guished citizens of your Republic. I congratulate myself for having had the good fortune of signing, with Your Excellency, the compacts which put an end to all the causes of disturhance which have affected the relations, both political and commercial, between our respec- tive countries, and which will regulate them in the future and enable Nicaragua and Costa Rica to fight together against the pretensions of filibusterism, as well as to cement in the future our respective rights and liberties and the integrity and independence of the country. I congratulate myself, with so much more reason for all that, because the patriotic man who knew how to preserve the honor of the Nicaraguan people in the middle of difficulties and privations of all classes, always struggling with the common enemy, is the one who, with his signature, has sealed the peace and friendship of both peoples, and so secured happiness and greatness to Nicaragua. Your Excellency can rely upon me for the carrying out of your programme of order and respect to the principle of legal authority. In this regard our ideas will always be in har- mony. I return to my country contented, I say so again, making fervent wishes for the preservation of Your Excel- lency and for the greatness and happiness of the people of 208 Nicaragua, who, entrusting their destinies to Your Excellency, have given proof that they know how to reward merit. Your true and loyal friend, EAFAEL MOEA. [From the " Gaceta de Nicaragua," No. 15, May 8, lS58.] 209 No. 12. Leave-taking of Senor Negrete, Legation of Salvadok, Nbab the Governments of Nicaragua and Costa Rica. No. 17. Managua, May 6, 1858. To the Hon. Don Gregorio Juarez, Secretary of State for the Department of Foreign Relations of the Repuhlic of Nicaragua. Sir : The important treaty of peace and limits between Costa Eica and Nicaragua, concluded at San Jose, having been consummated at the city of Kivas, on the 26th of April last, according to the record of the exchange of ratifications of that date, the undersigned Plenipotentiary of Salvador has the pleasure to inform you of his arrival in this capital for the purpose of cordially greeting the Nicaraguan Govern- ment, congratulating it for the settlement of the grave questions which were pending between it and Costa Rica, and giving notice of the withdrawal of this legation to the capital of Sal^ vador, where it will report to its Government the happy re- siilt obtained hy the undersigned Minister in his dealings with the Republics of Nicaragua and Costa Rica. In taking his leave, it is exceedingly gratifying to the un- dersigned to set forth that his heart wishes with the greatest vehemence that the present social welfare of the Nicaraguan people, the domestic and foreign politics of her Government, and her well-founded hopes of improvement in every respect, be each day more and more improved and increased. Happy Salvador, if she succeeds in seeing Nicaragua great and pros- perous ! May the Supreme Ruler of Nations enlighten the august assembly now engaged in framing the political con- stitution of this Republic ! May Divine Providence be boun- tiful in the assistance which the Government needs for the better ruling of the people whose destinies are commended to it ! These are the wishes which Salvador wiU always make 14 210 for Nicaragua, whora she considers as her sister, and whom she has defended. This Legation, which acknowledges with gratitude the kind attentions and honors which the Nicaraguan people and Government have tendered to it, wishes, also, to record here, not only the said feeling, but also its fervent wishes that the Government may always find in the people a powerful support, and the people in the Government a paternal ad- ministration, such as is now seen in Nicaragua, with pleasure to Central America and satisfaction to the world. Animated by this desire, the Minister of the Republic of Salvador takes leave of the Hon. Senor Juarez, and assures him of the high esteem with which he subscribes himself his most attentive and obedient servant, PEDRO R. NEGRETE. [From the " Gaceta de Nicaragua," No. 15, May 8, 1858]. 211 No. 13. Answe?' to the letter of leave-taking of Col. Negrete. — He is called apostle of peace. — Solemn and effusive expression of gratitude tendered to Salvador. Depaetment of Foreign Kelations of the Supreme Government of the Kepublic, Managua, May 7, 1858. To His Excellency Col. Don Pedro E. Negrete, Minister Plenipotentiary of the Government of Salvador near the Governments of Nicaragua and Costa Rica. Sir : With the sublime satisfaction of an apostle of peace, Your Excellency returns to your country full of the noble pleasure of having succeeded in corresponding both to the confidence of your Government and the founded expectations of the Governments of Nicaragua and Costa Kica. Thirty-four years of disagreement^ or of hadly disguised animadversion, were sufficient to give Mrth and strength to the most pernicious enmity hetween these two sister Hep allies ; hut the good-will of the Government of Salvador, and the prompt and most efficient action of Your Excellency at the most timely oc- casion, profiting hy the favorable disposition in which the re- spective Presidents found themselves, succeeded in dispelling in one day the ominous clouds which for more than one-third of a century had heen gathering. My Government, deeply grateful to the Government of Sal- vador and to the person of Your Excellency, wishes to express its gratitude in the present despatch in order that it may enter into the immortal kingdom of histoi^y and he rememhered hy future generations. My Government wishes for the Eepublic of Salvador the most perfect peace and harmony with the other nations of Central America, and all others with which it holds diplo- matic relations, but if, unhappily, that peace and harmony 212 should ever be disturbed, the Government of Your Excellency can always count upon the mediation of mine until reaching such success as desired. His Excellency the President wishes you a happy voyage, and a long and prosperous life ; and I pray Your Excellency to consider my own sentiments to be identical to those I have just expressed in the name of the Chief Magistrate, whose organ I have the honor to be. I further pray Your Excel- lency to allow me to offer with great respect the considera- tion with which I subscribe myself, your humble and obedient servant, GREGOKIO JUAEEZ, [From the " Gaceta de Nicaragua," No. 15, May 8, 1858.] 213 No. 14. Editorial of the " Gaceta de Nicaragua " subsequent to the official leave-taking of Sehores Don Juan Rafael Mora and Col. Negrete. — The latter is promoted to the rank of General as a reward for his services. — The Nicaraguan people feel jubilant for the friendly relations between Costa Rica and Nicaragua. Interior. The President and Ministers Juarez, Cortez, Jerez, and Negrete arrived in this city on the 4th instant highly satisfied all of them with the President of Costa Rica, with his Min- ister, Senor Toledo, and with all the persons who accompanied them. Subsequently we have been informed that the latter re- turned to their country no less pleased with Nicaragua; and this reciprocity cannot but fill us with joy ^ since we are satis- fied that the hands which 7iow have been grasped have not been grasped in vain, and that the promises of eternal peace and friendship which have been made are sincere^ and due to such convictions and faith as are seldom seen to preside over treaties of peace and alliance among nations. Col. Negrete was rewarded by. the Government with the commissio7i of Brigadier- General, v)hich he deserved for his services in the campaign against the filibusters, as well as for those which he has just rendered' i?i his capacity of mediator between Nicaragua and Costa Rica. This gentleman returned to his country on the 6th instant, after having remained two days in this city. Senor Jerez left also for Leon to join his family and enjoy some rest after the arduous.^ but very useful^ labors per form^ed by him, and as soon as possible he will return from there and place himself by the side of the Administration which so highly appreciates his services. * -5^ -x- [From the " Gaceta de Nicaragua," No. 15, May 8, 1858.] 214 No. 15. Spirit of Concord which presided over the treaty. — Evident necessity and advisahility that it shotdd he concluded. — Facul- ties of the Govermnent to approve it. — Final character of the treaty.— Identical position of Costa Rica and Nicaragua. The "Gaceta." It is at all times a duty to strengthen the sovereignty and independence of the nation, because it is upon these condi- tions that the life of the State depends. Among those dis- putes which either directly or indirectly affect said sover- eignty and independence, those of limits are to be considered ; and for this reason their settlement is necessary to secure solid peace with the neighbors and remove the obstacles which 'might oppose the free development of comrnerce^ industry^ and prog- ress^ since it is well known that such disputes are a fruitful source of evils of the worst character. Such questions pro- mote uneasiness and alarm among the bordering people, give birth to rivalries, beget national hatred, and produce either a silent war of diplomatic hostilities constantly embarrassing the progress of the countries, or an open conflict in which muskets and cannons take the place which ought to have been reserved exclusively for reason and justice. When such dif- ferences arise, the bordering States contending with each other, although united by the contiguity of the soil and by the propinquity of their towns and cities, become so separated as to desire the complete destruction of each other. Unfortunately, Nicaragua and Costa Eica had been for a long time laboring under the disadvantages of such dissen- sions without finding a way of settling their differences, which day after day grew greater and worse, and went as far as to initiate a fratricidal war, precisely at that moment in which the filibusters prepared themselves for a new invasion, and carry on their plans of robbery and extermination. 215 Reason and patriotism demanded all kinds of sacrifices to he made to re-estahlish harmony heiween two neighboring Repub- lics threatened by a common enemy ; and reason and patriot- ism have triumphed at Rivas on the 26^/i of April instant, on xohich day His Excellency^ the President of the Republic^ Gen. Don Tonids Martinez, approved of ayid ratified the treaty of limits^ celebrated by the Ministers Plenipotentiary of Nic- aragua and Costa Rica, General Don Jose Maria Cahas\ and General Don Maximo Jerez. His Excellency put an end to ancient and ruinous questions, settling them by a cowproniise, thus strengthening the bonds of fraternity which unite us together, and enabling us to meet, united, stronger, and mightier, the depredators of our country, who by their un- exampled iniquities are the scandal of civilization. The President of Nicaragua has ratified the Jerez-Cahas treaty, usi7ig the faculties which were vested in him by Legis- lative Decree, No. 22, autho7'izing him to do all that he might deei-n to be advisable for the defence of the sovereignty and inde- pendence of the nation. As the country cannot successfully undertake this defence, without unity of action on the part of all its mernbers, it was necessary to eradicate completely every element which might prevent intimacy from being established, and would maintain discord betv^een two sister countries. The xnediation of Salvador has had much part in such a happy result, and it has been exercised with zeal, activity, and brilliancy by Don Pedro Eomulo Negrete, the Commissioner sent to that effect. Henceforth, Nicaragua and Costa Rica will march in per- fect harmony, and Central America will enjoy this benefit, which will certainly appall all those who took advantage of our dissensions in the same way as a rich mine is worked by avarice and ambition. Our readers will find elsewhere in this paper the full text of the treaty, beginiiing of our concord^ commencement of happiness and progress for the nation, and by perusing it they will be convinced of the sincere patriotism of the two Presidents, Don Rafael Mora and Don 216 Tom as Martinez, who have shown their good- will for the salvation .of Central America, and for securing that this beau- tiful portion of the world might march in peace to fulfill the high destinies to which it is called. Having in view the same purposes, the two Presidents have adjusted in their interview at Eivas a treaty of commerce and alliance which satisfies the mercantile necessities of both countries and makes them combine in cases of war, whether filibuster or any other kind. They likewise signed another tripartite convention with the Minister mediator, in which the representatives of the three countries, namely, Salvador, Nic- aragua, and Costa Rica, come closely together and secure their common efforts for the defence of the country in these calamitous times when in order to live it is necessary to be mighty and powerful. Such a great benefit will in the future be derived from the timely and important visit that the President of Costa Rica paid to the President of Nicaragua at the City of Rivas. Both personages took leave of each other in the most perfect understanding, and both of them animated by the most phil- anthrophic sentiments in favor of the Republics whose des- tinies have been commended to their patriotic zeal. , fFfom Llie " Gaceta de Nicaragua," No. 15, May 8, 1858.] 217 No. 16. The treaty of xipril 15, 1858, is communicated to the friendly Governments as a happy termination of the protracted diffi- culties hetween Costa Rica and Nicaragua. No. 29. Department of Foreign Eelations OF the Eepublic of Costa Eica, National Palace, San Jose, May 12, 1858. Mr. Minister : His Excellency the President of this Ee- public, being determined to employ all the means within his reach to set at rest all questions pending with the neighboring Republic of Nicaragua^ and finally settle all business pending between both Eepublics, decided to make a trip to Nicaragua and pay a visit to the President thereof. General Don Tomas Martinez, settling thereby with him personally all the said questions and business, strengthening the bonds of union which naturally exist among the nations of Central America, and devising some means of strengthening that union and defending the territory and independence of the same when- ever threatened. At the very moment in which His Excel- lency the President was preparing to leave this Eepublic, General Jerez presented himself at this capital as Envoy Extraordinary and Minister, sent by the Government of Nic- aragua, this having been due in part to the patriotic zeal and solicitude of Col. Don Pedro E. Negrete, who, in his capacity of Minister mediator, had been accredited near the Govern- ments of the two contending Eepublics, who had arrived at the moment in which the Assembly of Nicaragua had rejected the last arrangement celebrated at Eivas by Commissioners of this Eepublic. Senor Negrete, after having been received in public audience by this Government, and recognized in his diplomatic capacity, deemed it advisable to return to Nic- aragua and urge the sending by her Government of the Com- missioner whom it had offered to accredit. In consequence 218 of all these steps a meeting could take place of ministers fully authorized to settle the pending questions, principally the one about territorial limits. It was in this way that the treaty of April 15, a competent number of printed copies of which I have the honor to enclose, could be celebrated ; and that treaty was ratified hy His Excellency General Martinez, President of Nicaragua, in virtue of the full authority which the Constituent Assembly of that Hepuhlic had given himi for that purpose. The said treaty has been, therefore, and will continue to be, a substantial foundation of peace and union between these two bordering Republics, and it gave occasion to a subsequent treaty of peace, friendship, and commerce, which was celebrated at Rivas between the two Presidents of Nicaragua and Costa Rica, assisted by their I'espective Secretaries of State, a copy of which I have the honor to accompany to you, and which in due time will be submitted to the respective legislatures for the proper ratifi- cation. Another treaty of defensive alliance was also celebrated at Rivas, and to it Don Pedro Romulo Negrete, the Minister of Salvador, was a party ; and, as this treaty is to be submitted to the Governments of Guatemala and Honduras, I have the honor to send to you an authorized copy of the same, as di- rected by Article IV of the same treaty. Information received by the President of this Republic about a new filibustering expedition of certain importance and other pressing circumstances compelled him not to con- tinue his voyage to the capitals of the other sections of Cen- tral America and postpone his visit to them until another more propitious occasion. In the meantime His Excellency feels exceedingly satisfied with the advantage which his visit to Nicaragua has produced, not only as far as these two Re- publics are concerned, but in regard to the common benefit of the whole of Central America, since this Government hopes that the great steps that have already been taken to secure the future welfare of the Central American States will not be 219 in vain, and that, if the immense results which the said steps must produce are accomplished, they will respond to the se- curing of the integrity and independence of the territory, the salvation of its sovereignty and its liberties, and the pros- perity which is incumbent to the fertility of its soil and its geographical position. With such a happy opportunity, I have the honor to as- sure you the distinguished consideration, esteem, and respect with which I subscribe myself your attentive servant, NAZAEIO TOLEDO. To His Excellency The Minister of Foreign Eelations of the Eepublic of Guatemala. No. 17. Validity of the Treaty. No. 30. Department of Foreign Eelations OF THE EePUBLIC OF CoSTA KiCA, National Palace, San Jose, May 15, 1858. Mr. Minister : I have the honor to reply to your estima- ble despatch of the 3d of April, the contents of which I communicated to His Excellency the President of this Re- public. The feelings which animate your Government for the peace, unity, and prosperity of these bordering sister Republics are extremely worthy and proper in a Central American Government ; and, fully agreeing with such gen- erous sentiments, His Excellency the President of this Re- public, wishing to take every step which might be conducive to the final settlement of the questions pending between lYic- aragiia and Costa Rica^ decided to go personally to confer with His Excellency Don Tomas Martinez, the President of Nicaragua, and try not only to put an end to the diiference between the two countries, but also prove by this example, the first one ever given in the political history of Central Amer- ica, his cordial wishes for the good intelligence and intimate relations between the two neighboring countries. But in the moment of starting on the voyage already announced. Gen- eral Jerez presented himself in this capital in the capacity of Envoy Extraordinary of the Government of Nicaragua, and in company with Col. Don Pedro Romulo Negrete, who had the kindness to go from here to Nicaragua and act in this matter as mediator in representation of the Republic of Salvador. To all these patriotic steps it has been in part due that the treaty of the 15th of April was celebrated, and I have the honor to send to you with this note a sufficient number of printed copies thereof. The visit which His Excellency the President of this Re- public paid to Nicaragua on the 22d of April ultimo had the 221 good effect, not only of causing the arrangement of all the pending questions between both Republics to be terminated, but also of strengthening the fraternal bonds which connect them together, and establishing on solid foundation peace, friendship, and commercial relations among their people. I have the honor to accompany herewith, as a consequence of the above-named steps, the treaty of defensive alliance cele- brated between the two Governments, with the intervention of that of Salvador by means of its representative, Col. Don Pedro R. Negrete. His Excellency the President of this Republic does not doubt that the said treaty will be accepted by your own Gov- ernment, and also by that of Guatemala, and that the stipu- lations which it contains will serve as preliminary basis for other and more interesting agreements which may unite again the people of Central America and make them mighty in their union. Availing of such a plausible occasion, I have the honor to subscribe myself your obedient servant, NAZARIO TOLEDO. To His Excellency The Minister of Foreign Relations of the Government of Honduras. 222 No. 18. The Constitution of Nicaragua declares that the Nicaraguan territory horders on the south hy the Republic of Costa Rica. — The treaty of limits is raised to the character of fundamen- tal law. POLITICAL CONSTITUTION. (Promulgated August 19, 1858). Chapter I. Cf the Republic. Article 1. The Republic of Nicaragua is the same which was, in ancient times, called the Province of Nicaragua, and, after the independence, State of Nicaragua. Its ter- ritory borders on the east and northeast bv the sea of the Antilles ; on the north and northwest by the State of Hon- duras ; on the west and south by the Pacific Ocean ; and 07i the southeast by the Republic of Costa Rica. The laws on SPECIAL LIMITS FORM PART OF THE CONSTITUTION. * * * Article 3. The territory shall be divided for the differ- ent purposes of the administration of the Government into such departments, districts, and sections as the Constitution and the laws provide for. [From *' La Gaceta de Nicaragua," No. 31, August 28, 1858.] 223 No. 19. The value and force of the treaty of liinits is recognized^ and one of its provisions is thus carried into effect. National Palace, Managua, April 13, 1859. To the Minister of Foreign delations of the Government of Costa Mica. Sir : I have the honor to enclose for your information an authorized copy of the Convention made on the 12th instant between myself and Mr. Felix Belly, director of the enter- prise of the canal in regard to provisional transit, and this I do, for the purpose of complying with the engagement con- tracted BY THIS EePUBLIC WITH THE EePUBLIC OF CoSTA EicA IN Article VIII of the treaty of limits of April 15 OF LAST YEAR, in order that when the opinion of the Government of Costa Eica is given final action may be taken upon it. I have the honor to offer to you the sentiments of con- sideration and esteem with which I subscribe myself your attentive servant, PEDEO ZELED6N. 224: No. 20. Costa Rica is recognized as a party to the contract of the Interoceanic Canal, and its acquiescence is asked to make cer- tain modifications in it. Department of Foreign Kelations of Nicaragua, National Palace, Managua, Ajpril 16, 1859. Mr. Minister : As I have told you before, the contract about the canal, celebrated at Eivas on the 1st of May of the preceding year, was submitted to the ratification of the Chambers, which have granted it with the amendments and additions which appear from the authorized copy herewith accompanied. The Government, noticing that Nicaragua, Costa Eica, and the Company are parties to the contract, and that each one of them has to ratify it before it takes effect, and that the amendments and additions made by the Chambers have altered it in such a way as to require new ratification by the Congress of Costa Kica, and acceptance by Mr. Felix Belly ; noticing furthermore that the contract has become unpopular, and that the amendments and additions made by the Chambers have given rise to odious interpreta- tions ; — deem it proper to confer with Mr. Felix Belly, and to enter with him into an equitable agreement, and granting him the temporary permission demanded by the situation for giving lodgings and occupation to his engineers, laborers, &c., in the San Juan river and the lake, all of which is reported to your Government in the meantime, in order to obtain FROM YOUR EePUBLIC THE RATIFICATION WHICH IS NECESSARY FOR CARRYING ON THE WORK. The grantee left this city yesterday satisfied with the loy- alty of the Government, and decided to wait for the above- named ratification. In consequence thereof the Government has placed its exe- 225 QUATUE to the contract as amended, and I have the pleasure to transmit to you a copy thereof for the purposes above in- dicated. Another contract, relative to the steamer " Virgen," which the Company needs to charter, has been celebrated separately, and in due time it was submitted to the ratification of the Government. The Company by faithfully and earnestly conducting the work will re-establish its lost credit, and if the transit is granted when that work is finished, all the interests will be conciliated. I have the honor to ofter the sentiments of my esteem and consideration. PEDEO ZELEDON. To The Minister of Foreign Kelations of the Government of the Eepublic of Costa Rica. 15 226 No. 21. Official despatch acknowledging that the Nicaraguan territory ends at the Salinas Bay as declared hy the treaty of limits of 1858. [seal]. National Palace, Managua, April 27, 1859. Sir : The Prefect of the Department of Rivas, under date of the 23d instant, said to the Government as follows : *' I have positive information that in a small island at the gulf OF ' Las Salinas ' where the territory of the Republic ENDS, a great deposit of iron and other metals, taken there by the filibusters during the time they were in this country, is to be found. That deposit was concealed under a large straw-roofed cabin which subsequently was burned by cer- tain fishermen ; and I have been assured that a French- man of Liberia arrived there awhile ago and carried away on board of some boats several tools which, when taken to his city, constituted loads for three beasts of burden." " The public Treasury of Nicaragua suffered, no doubt, by this ; and both for this reason, as well as for the reason that said Island is on vmters belonging exclusively to the State , it corresponds to it to take knowledge of the facts." His Excellency the President has directed me to request, through you, the President of your Republic, to order the authorities of Moracia to gather and safely keep the iron and other metals which may be found in the island of the Gulf of Las Salinas, in order that upon the proper notice and infor- mation of the expenses incurred in the operation my Govern- ment may make the proper indemnification of the latter and the transfer of the metal to where it may be proper. Trusting that your Government will comply with the re- quest herein made, I have the honor to renew to you the sentiments of esteem with which I am, your obedient servant, PEDRO ZELEDON. To The Minister of Foreign Relations of the Government of Costa Rica. 227 No. 22. The Nicaraguan Chambers direct Article VI II of the Treaty of limits of April 15, 1858, ^6> ^e cow plied with^ and the Executive Power carries their decision into effect. National Palace, Managua, May 7, 1859. Mr. Minister : I have the honor to acknowledge the re- ceipt of your estimable communication of the 27th of April ultimo, dated at Eivas, enclosing the decree issued by His Excellency the Captain General, President of the Republic of Costa Eica, approving in all parts the contract entered into in this city on the 12th of the same month, between this Government and Messrs. Felix Belly & Co., granting them exclusive transit through the San Juan river and Lake of Nicaragua to the Pacific, a contract upon which the Legis- lative Chambers of this Republic decided to hear the opinion op the Government of Costa Rica, as required ry Article VIII of the treaty op limits adjusted on April 15 OF LAST YEAR, BETWEEN NICARAGUA AND CoSTA RiCA. The above-named contract will be submitted to the ratifi- cation of the Chambers as prescribed by the Constitution, because the Government has authority only for declaring the transit to be free and for granting it to companies under this and other basis established by the decree. The loyalty and good understanding, which are due to the Government of Costa Rica and to the interested parties, im- pose upon me the duty to give you this information, and at the same time, I have the honor to subscribe myself, Your attentive servant, PEDRO ZELEDON. To The Minister of Foreign Relations of the Supreme Government of Costa Rica. 228 No. 23. Official despatch showing the validity and strength of the Treaty of Limits^ and the execution thereof hy hoth Republics. Department of Foreign Kelations OF the Kepublic of Costa Eica, National Palace, San Jose, May 16, 1859. Mr. Minister : In compliance with Article VIII of the final treaty of limits between this Republic and yours, and by note of the 13th of April instant, you have been pleased to transmit for the knowledge of this Government a copy of the convention of provisional transit celebrated between you and Mr. Felix Belly on the 12th of the same month. The supreme Government of your country has been already informed that the Costa Rican Government has accepted as far as it is concerned the above-named convention ; and now nothing new is to be added to said acceptance. I remain, your attentive and obedient servant, NAZAEIO TOLEDO. To His Excellency The Minister of Foreign Relations of the Republic of Nicaragua. 229 No. 24. Costa Rica a party to the contract of Interoceanic Canal ap- proves modifications made thereto. No. 45. Depaktment of Foreign Kelations OF THE KePUBLIC OF CoSTA KiCA, National Palace, San Jose, June 27, 1859. Mr. Minister : In answer to the remarks of your commu- nication of the 7th of May ultimo, and in accordance with the contents of the note addressed to you on the 16th of May, No. 36, the undersigned has the honor, by order of the Presi- dent, to transmit to you a copy of the decree enacted by the Congress of this Republic on the 22d instant, approving the amendments and additions made by the Chamhers of Nic- aragua to the contract with the Atlantic-Pacific Maritime Canal ^ made at Bivas on the 1st of May, last year. You will be pleased to submit this decree to His Excellency the President of Nicaragua, and to accept the testimony of esteem and respect with w^hich I subscribe myself your atten- tive and obedient servant, NAZAEIO TOLEDO. To His Excellency The Minister of Foreign Relations of the Republic of Nicaragua. 230 No. 25. Despatch showing the validity and strength of the Treaty of Limits, and its execution. No. 44. Department of Foreign Kelations OF the Eepublic of Costa Eica, National Palace, San Jose, June 27, 1859. Mr. Minister : Senor Don Maximo Jerez, on behalf of his Government, and in compliance with Article VIII of the Treaty of Limits, transmitted from Punta Arenas the new contract of transit that he made in New York on the 6th of June instant with the Company, or branch thereof, which was formerly called "American Atlantic-Pacific Maritime Canal Co." * -x- * -Sf * -Jt -Jf SALVADOK GONZALEZ. To His Excellency The Minister of Foreign Kelations of the Kepublic of Nicaragua. 231 No. 26. The Government of Nicaragua asks that of Costa Rica to re- w,ove its custom officers from the La Flor river ^ its former frontier^ to the neio limit fixed by the treaty of April 15, 1858. [seal]. National Palace, Managua, August 3, 1859. Mr. Minister: The Military Governor of the Southern Department has reported to the Government that the Custom- House officers of your Repiiblic on the Nicaraguan frontier still CONTINUE STATIONED, AS THEY WERE BEFORE, AT THE La FlOR RIVER, exercising authority on all the extent of the Salinas Bay up to Escameca, where there is a military post of this Repub- lic, and on the side of the lake as far as the Sapod river oppo- site to Salgueros ; and that although the officer commanding that post has received orders to avoid all disagreement with the Costa Rican custom officers, as the latter interfere with the traffic, and even have confiscated some articles at the La Flor liver, it is possible that some question affecting private interests may also require the action of the Government. For this reason, and considering that the former limit of THE La Flor river lies this side of the middle of the Oxdf of Las Salinas, which is the new one established by Ar- ticle II OF THE TREATY OF ApRiL 15, 1858 ; and that Sal- gueros is not found on the straight line spoken of by the same article^ His Excellency, the President of the Repub- lic, desiring to avoid a conflict which might injure private interests, and also being disposed to establish on the frontier the proper vigilance to avoid sm^uggling, which is done there to the great detriment of the interests of the Nicaraguan treasury, taking advantage of the franchise of commerce which the Province of Moracia and the port of Punta Arenas, of Costa Rica enjoy, has deemed it proper to call the atten- 232 tion of His Excellency the President of your Republic, as I do now through you, to the foregoing facts, and request him to cmise the action of its custom service to he reduced to the LIMITS ESTABLISHED BY THE TREATY AFORESAID ; and in Case that this should be difficult, owing to the fact that the divid- ing straight line, which is the limit on that side, has not been yet actually drawn, to be pleased to appoint a surveyor, enjoy- ing his confidence, who, in union with the one appointed by this Government; may proceed to locate the said line before private interests are further affected and the rigor of judicial action is resorted to. I have the honor to reiterate to you the sentiments of my greatest esteem and consideration. PEDRO ZELEDON. To The Minister of Foreign Relations of the Supreme Government of Costa Rica. 233 No. 27. The Government of Costa Rica is invited to assist that of Nic- aragua in improving the port of Sa7i Juan del Norte, almost destroyed hy the deviation of the vmters of the San Juan river into the hed of the Colorado river. Nicaragua Department of Foreign Eelations, National Palace, Managua, December 13, 1859. Mr. Minister : Tlie attention of the Government of Nic- aragua has been forcibly called to the condition of the po7't of San Juan del Norte, which has been filled up and almost rendered useless on account of the sand which has accumulated in it ever since its waters have abundantly flowed into the chan- nel of the Colorado river ; and such a state of things must also demand the attention of Costa Rica, because the interest of the latter in this subject is not less felt, since by existing treaties she has the right of navigation and free import from there. The inhabitants of the town named Greytown have made an effort to collect subscriptions and do such work as possi- ble for the purpose of confining the waters to the channel of the Bay ; and the Government, in spite of the scarcity of the public resources, is trying to raise money among the merchants of the Republic, and proposes to employ all the convicts of the State prison, more than 40 in number, to carry on that work, principally by closing, by means of palisades or other proper works, the communication between the San Juan and the Colorado rivers. For such a purpose, and in the persuasion that Costa Rica will co-operate with pleasure in this work, I have been in- structed to invite it to do so, and I hope that you will be pleased to set forth in your answer in what way such assist- ance will be rendered, it being preferable to a great degree 234: that the said assistance be pecuniary, in order to provide for the support of the laborers and furnish them with tools and other implements. I pray you, Mr. Minister, to submit all of this to His Excellency the President of your Bepublic, to communicate to me his decision, and to accept the sentiments of esteem and consideration with which I subscribe myself your very attentive servant, PEDKO ZELEDON. To The Minister of Foreign Eelations of the Kepublic of Costa Rica. 235 No. 28. Nicaragua reminds Costa Rica of the duty imposed upon her hy the treaty of April 15, 1858, to defend her frontiers at San Juan and the Bolarios Bay. [seal]. National Palace, Managua, Septemher 5, 1860. Sir : Your Government must certainly be aware that Wil- liam Walker lias invaded Central America ; and, as it is prob- able that that bandit may attempt some operation on the side of the river of San Juan del Norte, my Government has taken such steps as proper to protect that frontier and rein- force its military posts. But as according to the treaty of April 15, 1858, as READ IN its IYtH ArTICLE, BOTH YOUR KePUBLIC AND THIS OUGHT TO TAKE CARE OF THE DEFENCE OP THAT LINE, my Government expects that your Government, in view of the threatening danger, will comply with the sacred and interesting duty INCUMBENT UPON IT, by Sending there such a force as may be necessary to protect the locality and repel the enemy if the invasion should take place through that point. My Government thinks it proper to inform yours, further- more, that another filibustering expedition, under the com- mand of Henningsen, an old comrade of Walker, is now being organized in California, and that it is very probable that they intend to land at some of the ports on the Pacific coast, for which reason it is advisable that sufficient forces are sent to the Salinas Bay, the defence of which is also e?i- trusted to the Government of Costa Rica. All of which I have the honor to communicate to you by order of His Excellency the President of this Eepublic, for the purposes above referred to, hoping that you will be 236 pleased to communicate to me the decision that your Govern- ment may reach on the subject. I avail myself of this opportunity to offer you my respects. HEKMDO. ZEPEDA. To The Minister of Foreign Kelations of the Supreme Government of the Republic of Costa Rica. 237 No. 29. Execution of the Treaty of Limits. San Jos^, January 25, 1861. Mr. Minister : In order to send back the courier ex pro- feso, whom you were pleased to send to this Republic, the President has directed me to tell you that, as he has to consider the contract of transit i?i compliance with the stipulations of the Canas-Jerez treaty, he has decided that the Costa Rican Com- missioner, who shall leave for your Republic within a very short period, should be the bearer of the said contract and of the decision thereon reached 'by this Government. With this I leave your favor of the 10th instant answered, and I subscribe myself your obedient servant, A. ESQUIVEL. To His Excellency The Minister of Foreign Relations of the Republic of Nicaragua. 238 No. 30. The Nicaraguan Charnhers direct the Executive to comply with Art. YIII of the Treaty of Limits of April 15, 1858. National Palace, Gkanada, February 25, 1863. Mr. Minister : The contract of interoceanic transit, cele- brated between the Government and Don Jos^ Rosa Perez, an authenticated copy of which I have the honor to accompany, together with the proposal upon the same subject made by Mr. J. E. Russell, having been submitted to the Chambers for ratification, they were pleased to abstain from doing so, AND TO DECIDE IN COMPLIANCE WITH ARTICLE VIII OF THE TREATY OF ApRIL 15, 1858, BETWEEN THIS REPUBLIC AND YOURS, THAT THE SAID DOCUMENTS SHOULD BE RETURNED TO THE EX- ECUTIVE IN ORDER THAT THEY, AS WELL AS ANY OTHER PROPOSAL WHICH MAY BE MADE, SHOULD BE SUBMITTED TO THE GOVERN- MENT OF Costa Rica for the purpose of having its opinion ON THEM. In compliance with the above decision, I have the honor to submit to you the said contract and proposal for the knowledge of His Excellency the President, and hope you will be pleased to communicate to me in due time his opinion on them. I have the honor to subscribe myself your attentive servant, PEDRO ZELEDON. To The Minister of Foreign Relations of the Supreme Government of Costa Rica. 239 No. 31. The strict covipliance with the treaty of limits demonstrated. — The Government of Costa Rica asks the rights vested in it hy Ai'ticle VI of a contract of transit to he encpressly secured. To His Excellency the Minister of foreign Relations of the Republic of Nicaragua. Sir : With your estimable note of the 25th of February ultimo this department has received a copy of the contract of transit celebrated between the Government of your Kepublic and Don Jose Kosa Perez, and also the subsequent proposal of Mr. John E. Russell, all of which has been transmitted to this Government in order that it may express its opinion, as PROVIDED BY ARTICLE YIII OF THE TREATY OF LIMITS OF APRIL 15, 1858. I hastened to give information of your note to His Excel- lency the President of the Republic, who, after having care- fully examined the documents referred to, has directed me to tell you in answer, as I have the honor to do, what follows : Considering that, according to the above-named stipulation of the treaty of April 15, 1858, the vote of Costa Rica is un- derstood to he advisory in all matters which do not directly af- fect the natural rights of this Repuhlic, nor those which ema- nate from her sovereignty^ or the ahsolute rights of property^ or of the common use that it has over certain places at the port of San Juan del Norte, the San Juan river, the Lake, and the Salinas Bay, my Government has deemed it advisable, and trusts that your Government will consider it in the same way, that the opinion or vote should be extended to some other clauses of the contracts, although they do not directly affect the territorial interests of Costa Rica. The spirit of Article YIII, and the reasons which were con- sidered when it was enacted, were, if we are not mistaken, to provide for the preservation of the common interests in all 240 cases which might produce complications with foreign coun- tries, since it cannot be doubted that such questions affect and endanger the two Republics, and much more so under the influence of the events which take place in other points of Central America. Under this point of view, and starting from the remark that the compact has been made with foreigners, whose claims, as shown by experience, may produce great evils and an inter- vention or invasion from abroad which would also threaten the neighboring countries, this Government is of the opinion that, in a contract of this kind, all stipulations which, by their consequences or by their language, may give occasion or pre- text to disputes and to exaggerated pretension must be care- fully avoided, and it is for this reason that I allow myself to call the attention of your Government to the following sug- gestions : 4f -SS- -5^ 45- * * * Article 8. For the aake of clearness it seem.s advisable to maJce express mention of the Treaty of Limits of April 15, 1858, saving the rights which Costa Rica has hy virtue of this treaty over the port of San Juan del Norte^ the banks of the San Juan river, and the Salinas Bay, and the free navigation in all these waters, expressing that the exclusive privilege of the contractor will not prevent Costa Rica from establishing in the same waters steam navigation for the com- 7nerce with the tHbutary rivers of its territory, which empty into the San Juan river and the lake, and from exercising territorial sovereignty in all cases in which the transit company should be called to exeixise some act of adm^inistration, use, or commerce vjithin the territory of the said Republic, or subject to the laws and authorities of the same, as, for instance, in the case of Article 9. # * * * * * * Article 17. In consideration of the intimate relations of friendship which exist between this Republic and yours, and of the advantages that the enterprise of transit has to derive 24:1 from its frequent trade with the Costa Kican littoral, it seems to be equitable that the grantee should show in favor of citi- zens of Costa Kica, who would use for their commerce the means of transportation and communication of the company, and of those immigrants who would come in number of no less than 10 to settle in Costa Kica, the same liberality and the same franchises as granted to others. If this Government should determine to send European mail by the way of San Juan del Norte and Sarapiqui, the grantee will carry the said mail subject to the postal conven- tions in force and in accordance with Article X of the pro- ject of contract, and XI of the proposal of Mr. Kussell. The ideas which I have the honor to set forth, are also applicable to the proposals made by the representative of Messrs. James M. Brow and George G. Hobson, of New York, it being understood that, in case your Government gives pref- erence to the Eussell-Perez contract, it will be necessary to render the language of the provision clearer and fuller in or- der to mark well the principal points of difference between them. In everything else it is to be supposed that the pro- posing party will accept the same basis as adopted in the former contract. These are the remarks which this Government submits in regard to the contracts which the Nicaraguan Government has submitted to it ; and now the only thing left to me is to assure Your Excellency that the above remarks have been made in the best spirit and looking exclusively at the com- mon good. On the other hand, this Government is sincerely grateful for the sentiments which yours entertains in favor of the faithful and strict fulfilment of the compacts and for the confidence that it shows and the loyalty and righteous- ness of our relations with your Eepublic, our ally and sister. I take advantage of this opportunity to subscribe myself, Your very attentive servant, FEANCISCO M. IGLESIAS. Apeil 1, 1863. 16 242 No. 32. The Government of Nicaragua asks for some forces to he situ- ated at Sarapaqui (a confluent of the San Juan river, on the I'ight hank). * GOVEBNMENT HoUSE, Granada, April 23, 1863. Mr. Minister : Mr. Felix Belly, who has recommended himself so much by reason of his former action in Central America, has submitted to this Government a project of inter- oceanic transit and steam navigation in the interior of the Eepublic, an authorized copy of which I have the honor to enclose to ^o\\.,for the purposes of Article VIII of the treaty of April lb, 1858. With reference to your estimable despatch of the 1st in- stant, relative to the difficulties that lately arose between the Government and the Central American Transit Co., I must inform you, for the knowledge of your Government, that two agents of the said company, duly authorized by it to revali- date the contract which the Government had declared to be void, have just arrived in this city. Up to this date the Gov- ernment has not deemed it advisable to listen officially to the proposals that they have come to make, its reasons to do so being, 1st, that they have not yet paid tiie sums due to this Eepublic as tolls for passengers ; and, 2d, because the Gov- ernment thinks that, if not all, some, at least, of the officers of the company are accessories to the piratical and filibuster outrage perpetrated on the 7th instant at the La Virgen Bay, on board the steamer San Juan, unfortunately in con- nivance with forces of Honduras and Salvador ; but, as in the difficult situation in which Nicaragua finds herself at present it is possible for the company to do some violence to the rights of this Eepublic, the Government may perhaps be compelled by pure necessity to enter with it into some equitable arrangement of temporary character, but by no 243 means final, which, while bridging over the difficulties of the present moment, enables the Government to do justice when the circumstances may be more propitious. I do not think it to he inopportune in vieiv of the current events to recommend to you and the Supreine Government of your country to cause some forces to he stationed at Sarapiqui to tneet on. that side any emergency that the same events might occasion there. I take advantage of this opportunity to reiterate to you the just considerations with which I subscribe myself, your very attentive and obedient servant, EDUAEDO CASTILLO. To the Hon. The Ministek of Fokeign Eelations of the Su- preme Government of Costa Eica. 244 No. 33.' The Nicaraguan Chambers order one of the provisions of the treaty of limits of 1858 to he complied with. Art. XI. Article XVII shall be stricken out, and tlie fol- lowing shall be inserted in its stead : " The present contract shaU have no effect until accepted by Capt. Pirn, and until the Governments of Guatemala and Costa Rica shall have given their opinion upon it ; and for that purpose the time for the exequatur is extended sixty days longer." [Law of May 10, 1864. See pamphlet " Contrato de ferro-carril cele- brado el 5 de Marzo entre el Honorable Sr. Ministro de Hacienda Lie. D. Antonio Silva, y el Sr, Bedford, C. T. Pirn, capitan de la Marina Real inglesa, y ratificado por el Congreso de Nicaragua el 17 de Marzo de 1864. Managua. Imprenta del Gobierno, a cargo de A. Mejia, 1864."] 245 No. 34. Validity and force of the treaty of limits. — Costa Rica does not accede to station forces at Sarapiqui on the ground that it is unnecessary. Department of Foreign Eelations of Costa Eica, San Jose, May 26, 1863. Sir : In taking possession, ad interim, of this department, my attention was called to your note enclosing a copy of the project of the contract of transit submitted to your Govern- ment by Mr. Felix Belly, and making some suggestions in regard to the advisability that the Government of this Ee- public should station some forces at Sarapiqui to meet there certain emergencies. In regard to the Belly contract, you will allow me to call the attention of your Government to the timely remarks made by our common Minister at Washington in regard to the ex- piration of the contract celebrated with the American com- pany in his despatch addressed to your department under date of the 28th of April, a copy of which was sent to this Government. My Government thinks, therefore, that, for the present, and notwithstanding the good antecedents of Mr. Belly, the most prudent thing would be to refrain from making any new contract of transit and wait until the differences between your Government and the North American Company, in re- gard to the validity* or invalidity of the contract, are set- tled ; and this is all the more to be done, as it appears, according to the remarks already alluded to, that the proba- bihties of success are on the side of the American Company. I hope that you will not see in these suggestions any thing else than the desire of carrying such an important business to success, as well as the interest that my Government has, 246 in that your Government adopts the best means to terminate a matter which, like this, may have such important results. In view of this it would be useless to enter into the sub- stance of the Belly project, since this Government expects that yours will not take any step in the subject until all questions with the Transit American Company are settled. Therefore, my Government^ reserving for that occasion to give the vote secured to it by Article VIII of the treaty of April 15, 1858, promises itself that your Government, before con- tracting new engagements, will do all that it can to bridge over the difficulties which it now encounters. In regard to the suggestions made by you on the advisa- hility to station some forces at Sarapiqui, I am directed to re- ply that as, fortunately, the danger which threatened your Republic on that side has already disappeared, the necessity of sending there any forces has also ceased to exist. In transmitting the above to you I have the honor to sub- scribe myself, Your very attentive and obedient servant, , JULIAN VOLIO. To His Excellency The Minister of Foreign Relations of the Republic of Nicaragua. 247 No. 35. Costa Rica protests against the occupation and deterioration of the Colorado river. Depaktment of Fokeign Eelations OF THE KePUBLIC OF CoSTA KiCA, San Jose, July 15, 1863. SiE : This Government having been informed that the Transit Company in Nicaragua attempts to obstruct the Col- orado river which runs within the territory of Costa jRica, the President was pleased to direct the proper investigation to be made ; and, as it appears from the report of the special committee appointed for that purpose, that the engineers of the above-named company sounded and marked the Colorado river, and have already prepared four useless schooners which they intend to load with sand and stones and sink in the said river in order to close it, His Excellency has directed me to address your Government and ask of it to he pleased to pre- vent said purpose from being accomplished, since it is so ex- tremely i7ijurious to the interests of this country, and to give notice at the same time to the directors of the company afore- said, that he is determined to prevent all usurpation of the ter- ritory fiom being consummated, and that the expenses to be in- curred in the repairing of the damages caused by them in the river will be charged to those loho caused them to be incurred. 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